Full Text of HB4648 98th General Assembly
HB4648 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4648 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/3.330 | was 415 ILCS 5/3.32 |
415 ILCS 5/22.54 | |
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Amends the Environmental Protection Act. Provides that the portion of a site or facility operating under a Beneficial Use Determination, as determined by the Agency, in accordance with a specified provision of the Act, is not a pollution control facility. Provides that, to the extent allowed by federal law, the Agency may, upon the request of an applicant, make a written determination that a material is used beneficially (rather than discarded) and, therefore, not a waste if the applicant demonstrates that not less than 98% of the volume of material accepted, by weight, is recovered or recycled.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Sections 3.330 and 22.54 as follows:
| 6 | | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
| 7 | | Sec. 3.330. Pollution control facility.
| 8 | | (a) "Pollution control facility" is any waste storage site, | 9 | | sanitary
landfill, waste disposal site, waste transfer | 10 | | station, waste treatment
facility, or waste incinerator. This | 11 | | includes sewers, sewage treatment
plants, and any other | 12 | | facilities owned or operated by sanitary districts
organized | 13 | | under the Metropolitan Water Reclamation District Act.
| 14 | | The following are not pollution control facilities:
| 15 | | (1) (blank);
| 16 | | (2) waste storage sites regulated under 40 CFR, Part | 17 | | 761.42;
| 18 | | (3) sites or facilities used by any person conducting a | 19 | | waste storage,
waste treatment, waste disposal, waste | 20 | | transfer or waste incineration
operation, or a combination | 21 | | thereof, for wastes generated by such person's
own | 22 | | activities, when such wastes are stored, treated, disposed | 23 | | of,
transferred or incinerated within the site or facility |
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| 1 | | owned, controlled or
operated by such person, or when such | 2 | | wastes are transported within or
between sites or | 3 | | facilities owned, controlled or operated by such person;
| 4 | | (4) sites or facilities at which the State is | 5 | | performing removal or
remedial action pursuant to Section | 6 | | 22.2 or 55.3;
| 7 | | (5) abandoned quarries used solely for the disposal of | 8 | | concrete, earth
materials, gravel, or aggregate debris | 9 | | resulting from road construction
activities conducted by a | 10 | | unit of government or construction activities due
to the | 11 | | construction and installation of underground pipes, lines, | 12 | | conduit
or wires off of the premises of a public utility | 13 | | company which are
conducted by a public utility;
| 14 | | (6) sites or facilities used by any person to | 15 | | specifically conduct a
landscape composting operation;
| 16 | | (7) regional facilities as defined in the Central | 17 | | Midwest Interstate
Low-Level Radioactive Waste Compact;
| 18 | | (8) the portion of a site or facility where coal | 19 | | combustion wastes are
stored or disposed of in accordance | 20 | | with subdivision (r)(2) or (r)(3) of
Section 21;
| 21 | | (9) the portion of a site or facility used for the | 22 | | collection,
storage or processing of waste tires as defined | 23 | | in Title XIV;
| 24 | | (10) the portion of a site or facility used for | 25 | | treatment of
petroleum contaminated materials by | 26 | | application onto or incorporation into
the soil surface and |
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| 1 | | any portion of that site or facility used for storage
of | 2 | | petroleum contaminated materials before treatment. Only | 3 | | those categories
of petroleum listed in Section
57.9(a)(3) | 4 | | are exempt under this subdivision (10);
| 5 | | (11) the portion of a site or facility where used oil | 6 | | is collected or
stored prior to shipment to a recycling or | 7 | | energy recovery facility, provided
that the used oil is | 8 | | generated by households or commercial establishments, and
| 9 | | the site or facility is a recycling center or a business | 10 | | where oil or gasoline
is sold at retail; | 11 | | (11.5) processing sites or facilities that receive | 12 | | only on-specification used oil, as defined in 35 Ill. | 13 | | Admin. Code 739, originating from used oil collectors for | 14 | | processing that is managed under 35 Ill. Admin. Code 739 to | 15 | | produce products for sale to off-site petroleum | 16 | | facilities, if these processing sites or facilities are: | 17 | | (i) located within a home rule unit of local government | 18 | | with a population of at least 30,000 according to the 2000 | 19 | | federal census, that home rule unit of local government has | 20 | | been designated as an Urban Round II Empowerment Zone by | 21 | | the United States Department of Housing and Urban | 22 | | Development, and that home rule unit of local government | 23 | | has enacted an ordinance approving the location of the site | 24 | | or facility and provided funding for the site or facility; | 25 | | and (ii) in compliance with all applicable zoning | 26 | | requirements;
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| 1 | | (12) the portion of a site or facility utilizing coal | 2 | | combustion waste
for stabilization and treatment of only | 3 | | waste generated on that site or
facility when used in | 4 | | connection with response actions pursuant to the federal
| 5 | | Comprehensive Environmental Response, Compensation, and | 6 | | Liability Act of 1980,
the federal Resource Conservation | 7 | | and Recovery Act of 1976, or the Illinois
Environmental | 8 | | Protection Act or as authorized by the Agency;
| 9 | | (13) the portion of a site or facility that (i) accepts | 10 | | exclusively general
construction or demolition debris, | 11 | | (ii) is located in a county with a population over
| 12 | | 3,000,000 as of January 1, 2000 or in a county that is | 13 | | contiguous to such a county, and (iii) is operated and | 14 | | located in accordance with Section 22.38 of this Act; | 15 | | (14) the portion of a site or facility, located within | 16 | | a unit of local government that has enacted local zoning | 17 | | requirements, used to accept, separate, and process | 18 | | uncontaminated broken concrete, with or without protruding | 19 | | metal bars, provided that the uncontaminated broken | 20 | | concrete and metal bars are not speculatively accumulated, | 21 | | are at the site or facility no longer than one year after | 22 | | their acceptance, and are returned to the economic | 23 | | mainstream in the form of raw materials or products;
| 24 | | (15) the portion of a site or facility located in a | 25 | | county with a population over 3,000,000 that has obtained | 26 | | local siting approval under Section 39.2 of this Act for a |
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| 1 | | municipal waste incinerator on or before July 1, 2005 and | 2 | | that is used for a non-hazardous waste transfer station;
| 3 | | (16) a site or facility that temporarily holds in | 4 | | transit for 10 days or less, non-putrescible solid waste in | 5 | | original containers, no larger in capacity than 500 | 6 | | gallons, provided that such waste is further transferred to | 7 | | a recycling, disposal, treatment, or storage facility on a | 8 | | non-contiguous site and provided such site or facility | 9 | | complies with the applicable 10-day transfer requirements | 10 | | of the federal Resource Conservation and Recovery Act of | 11 | | 1976 and United States Department of Transportation | 12 | | hazardous material requirements. For purposes of this | 13 | | Section only, "non-putrescible solid waste" means waste | 14 | | other than municipal garbage that does not rot or become | 15 | | putrid, including, but not limited to, paints, solvent, | 16 | | filters, and absorbents;
| 17 | | (17)
the portion of a site or facility located in a | 18 | | county with a population greater than 3,000,000 that has | 19 | | obtained local siting approval, under Section 39.2 of this | 20 | | Act, for a municipal waste incinerator on or before July 1, | 21 | | 2005 and that is used for wood combustion facilities for | 22 | | energy recovery that accept and burn only wood material, as | 23 | | included in a fuel specification approved by the Agency;
| 24 | | (18)
a transfer station used exclusively for landscape | 25 | | waste, including a transfer station where landscape waste | 26 | | is ground to reduce its volume, where the landscape waste |
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| 1 | | is held no longer than 24 hours from the time it was | 2 | | received; | 3 | | (19) the portion of a site or facility that (i) is used | 4 | | for the composting of food scrap, livestock waste, crop | 5 | | residue, uncontaminated wood waste, or paper waste, | 6 | | including, but not limited to, corrugated paper or | 7 | | cardboard, and (ii) meets all of the following | 8 | | requirements: | 9 | | (A) There must not be more than a total of 30,000 | 10 | | cubic yards of livestock waste in raw form or in the | 11 | | process of being composted at the site or facility at | 12 | | any one time. | 13 | | (B) All food scrap, livestock waste, crop residue, | 14 | | uncontaminated wood waste, and paper waste must, by the | 15 | | end of each operating day, be processed and placed into | 16 | | an enclosed vessel in which air flow and temperature | 17 | | are controlled, or all of the following additional | 18 | | requirements must be met: | 19 | | (i) The portion of the site or facility used | 20 | | for the composting operation must include a | 21 | | setback of at least 200 feet from the nearest | 22 | | potable water supply well. | 23 | | (ii) The portion of the site or facility used | 24 | | for the composting operation must be located | 25 | | outside the boundary of the 10-year floodplain or | 26 | | floodproofed. |
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| 1 | | (iii) Except in municipalities with more than | 2 | | 1,000,000 inhabitants, the portion of the site or | 3 | | facility used for the composting operation must be | 4 | | located at least one-eighth of a mile from the | 5 | | nearest residence, other than a residence located | 6 | | on the same property as the site or facility. | 7 | | (iv) The portion of the site or facility used | 8 | | for the composting operation must be located at | 9 | | least one-eighth of a mile from the property line | 10 | | of all of the following areas: | 11 | | (I) Facilities that primarily serve to | 12 | | house or treat people that are | 13 | | immunocompromised or immunosuppressed, such as | 14 | | cancer or AIDS patients; people with asthma, | 15 | | cystic fibrosis, or bioaerosol allergies; or | 16 | | children under the age of one year. | 17 | | (II) Primary and secondary schools and | 18 | | adjacent areas that the schools use for | 19 | | recreation. | 20 | | (III) Any facility for child care licensed | 21 | | under Section 3 of the Child Care Act of 1969; | 22 | | preschools; and adjacent areas that the | 23 | | facilities or preschools use for recreation. | 24 | | (v) By the end of each operating day, all food | 25 | | scrap, livestock waste, crop residue, | 26 | | uncontaminated wood waste, and paper waste must be |
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| 1 | | (i) processed into windrows or other piles and (ii) | 2 | | covered in a manner that prevents scavenging by | 3 | | birds and animals and that prevents other | 4 | | nuisances. | 5 | | (C) Food scrap, livestock waste, crop residue, | 6 | | uncontaminated wood waste, paper waste, and compost | 7 | | must not be placed within 5 feet of the water table. | 8 | | (D) The site or facility must meet all of the | 9 | | requirements of the Wild and Scenic Rivers Act (16 | 10 | | U.S.C. 1271 et seq.). | 11 | | (E) The site or facility must not (i) restrict the | 12 | | flow of a 100-year flood, (ii) result in washout of | 13 | | food scrap, livestock waste, crop residue, | 14 | | uncontaminated wood waste, or paper waste from a | 15 | | 100-year flood, or (iii) reduce the temporary water | 16 | | storage capacity of the 100-year floodplain, unless | 17 | | measures are undertaken to provide alternative storage | 18 | | capacity, such as by providing lagoons, holding tanks, | 19 | | or drainage around structures at the facility. | 20 | | (F) The site or facility must not be located in any | 21 | | area where it may pose a threat of harm or destruction | 22 | | to the features for which: | 23 | | (i) an irreplaceable historic or | 24 | | archaeological site has been listed under the | 25 | | National Historic Preservation Act (16 U.S.C. 470 | 26 | | et seq.) or the Illinois Historic Preservation |
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| 1 | | Act; | 2 | | (ii) a natural landmark has been designated by | 3 | | the National Park Service or the Illinois State | 4 | | Historic Preservation Office; or | 5 | | (iii) a natural area has been designated as a | 6 | | Dedicated Illinois Nature Preserve under the | 7 | | Illinois Natural Areas Preservation Act. | 8 | | (G) The site or facility must not be located in an | 9 | | area where it may jeopardize the continued existence of | 10 | | any designated endangered species, result in the | 11 | | destruction or adverse modification of the critical | 12 | | habitat for such species, or cause or contribute to the | 13 | | taking of any endangered or threatened species of | 14 | | plant, fish, or wildlife listed under the Endangered | 15 | | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | 16 | | Endangered Species Protection Act; | 17 | | (20) the portion of a site or facility that is located | 18 | | entirely within a home rule unit having a population of no | 19 | | less than 120,000 and no more than 135,000, according to | 20 | | the 2000 federal census, and that meets all of the | 21 | | following requirements: | 22 | | (i) the portion of the site or facility is used | 23 | | exclusively to perform testing of a thermochemical | 24 | | conversion technology using only woody biomass, | 25 | | collected as landscape waste within the boundaries | 26 | | of the home rule unit, as the hydrocarbon feedstock |
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| 1 | | for the production of synthetic gas in accordance | 2 | | with Section 39.9 of this Act; | 3 | | (ii) the portion of the site or facility is in | 4 | | compliance with all applicable zoning | 5 | | requirements; and | 6 | | (iii) a complete application for a | 7 | | demonstration permit at the portion of the site or | 8 | | facility has been submitted to the Agency in | 9 | | accordance with Section 39.9 of this Act within one | 10 | | year after July 27, 2010 (the effective date of | 11 | | Public Act 96-1314); | 12 | | (21) the portion of a site or facility used to perform | 13 | | limited testing of a gasification conversion technology in | 14 | | accordance with Section 39.8 of this Act and for which a | 15 | | complete permit application has been submitted to the | 16 | | Agency prior to one year from April 9, 2010 (the effective | 17 | | date of Public Act 96-887);
| 18 | | (22) the portion of a site or facility that is used to | 19 | | incinerate only pharmaceuticals from residential sources | 20 | | that are collected and transported by law enforcement | 21 | | agencies under Section 17.9A of this Act; and | 22 | | (23) until July 1, 2017, the portion of a site or | 23 | | facility: | 24 | | (A) that is used exclusively for the transfer of | 25 | | commingled landscape waste and food scrap held at the | 26 | | site or facility for no longer than 24 hours after |
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| 1 | | their receipt; | 2 | | (B) that is located entirely within a home rule | 3 | | unit having a population of either (i) not less than | 4 | | 100,000 and not more than 115,000 according to the 2010 | 5 | | federal census or (ii) not less than 5,000 and not more | 6 | | than 10,000 according to the 2010 federal census; | 7 | | (C) that is permitted, by the Agency, prior to | 8 | | January 1, 2002, for the transfer of landscape waste; | 9 | | and | 10 | | (D) for which a permit application is submitted to | 11 | | the Agency within 6 months after January 1, 2014 ( the | 12 | | effective date of Public Act 98-146) this amendatory | 13 | | Act of the 98th General Assembly to modify an existing | 14 | | permit for the transfer of landscape waste to also | 15 | | include, on a demonstration basis not to exceed 18 | 16 | | months, the transfer of commingled landscape waste and | 17 | | food scrap. | 18 | | (24) the portion of a site or facility operating under | 19 | | a Beneficial Use Determination, as determined by the | 20 | | Agency, in accordance with Section 22.54 of this Act. | 21 | | (b) A new pollution control facility is:
| 22 | | (1) a pollution control facility initially permitted | 23 | | for development or
construction after July 1, 1981; or
| 24 | | (2) the area of expansion beyond the boundary of a | 25 | | currently permitted
pollution control facility; or
| 26 | | (3) a permitted pollution control facility requesting |
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| 1 | | approval to
store, dispose of, transfer or incinerate, for | 2 | | the first time, any special
or hazardous waste.
| 3 | | (Source: P.A. 97-333, eff. 8-12-11; 97-545, eff. 1-1-12; | 4 | | 98-146, eff. 1-1-14; 98-239, eff. 8-9-13; revised 9-19-13.)
| 5 | | (415 ILCS 5/22.54) | 6 | | Sec. 22.54. Beneficial Use Determinations. The purpose of | 7 | | this Section is to allow the Agency to determine that a | 8 | | material otherwise required to be managed as waste may be | 9 | | managed as non-waste if that material is used beneficially and | 10 | | in a manner that is protective of human health and the | 11 | | environment. | 12 | | (a) To the extent allowed by federal law, the Agency may, | 13 | | upon the request of an applicant, make a written determination | 14 | | that a material is used beneficially (rather than discarded) | 15 | | and, therefore, not a waste if the applicant demonstrates all | 16 | | of the following: | 17 | | (1) The chemical and physical properties of the | 18 | | material are comparable to similar commercially available | 19 | | materials. | 20 | | (2) The market demand for the material is such that all | 21 | | of the following requirements are met: | 22 | | (A) The material will be used within a reasonable | 23 | | time. | 24 | | (B) The material's storage prior to use will be | 25 | | minimized. |
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| 1 | | (C) The material will not be abandoned. | 2 | | (3) The material is legitimately beneficially used. | 3 | | For the purposes of this item (3) of subsection (a) of this | 4 | | Section, a material is "legitimately beneficially used" if | 5 | | the applicant demonstrates all of the following: | 6 | | (A) The material is managed separately from waste, | 7 | | as a valuable material, and in a manner that maintains | 8 | | its beneficial usefulness, including, but not limited | 9 | | to, storing in a manner that minimizes the material's | 10 | | loss and maintains its beneficial usefulness. | 11 | | (B) The material is used as an effective substitute | 12 | | for a similar commercially available material. For the | 13 | | purposes of this paragraph (B) of item (3) of | 14 | | subsection (a) of this Section, a material is "used as | 15 | | an effective substitute for a commercially available | 16 | | material" if the applicant demonstrates one or more of | 17 | | the following: | 18 | | (i) The material is used as a valuable raw | 19 | | material or ingredient to produce a legitimate end | 20 | | product. | 21 | | (ii) The material is used directly as a | 22 | | legitimate end product in place of a similar | 23 | | commercially available product. | 24 | | (iii) The material replaces a catalyst or | 25 | | carrier to produce a legitimate end product. | 26 | | The applicant's demonstration under this paragraph |
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| 1 | | (B) of item (3) of subsection (a) of this Section must | 2 | | include, but is not limited to, a description of the | 3 | | use of the material, a description of the use of the | 4 | | legitimate end product, and a demonstration that the | 5 | | use of the material is comparable to the use of similar | 6 | | commercially available products. | 7 | | (C) The applicant demonstrates all of the | 8 | | following: | 9 | | (i) The material is used under paragraph (B) of | 10 | | item (3) of subsection (a) of this Section within a | 11 | | reasonable time. | 12 | | (ii) The material's storage prior to use is | 13 | | minimized. | 14 | | (iii) The material is not abandoned. | 15 | | (4) The management and use of the material will not | 16 | | cause, threaten, or allow the release of any contaminant | 17 | | into the environment, except as authorized by law. | 18 | | (5) The management and use of the material otherwise | 19 | | protects human health and safety and the environment. | 20 | | (6) Not less than 98% of the volume of material | 21 | | accepted, by weight, is recovered or recycled. | 22 | | (b) Applications for beneficial use determinations must be | 23 | | submitted on forms and in a format prescribed by the Agency. | 24 | | Agency approval, approval with conditions, or disapproval of an | 25 | | application for a beneficial use determination must be in | 26 | | writing. Approvals with conditions and disapprovals of |
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| 1 | | applications for a beneficial use determination must include | 2 | | the Agency's reasons for the conditions or disapproval, and | 3 | | they are subject to review under Section 40 of this Act. | 4 | | (c) Beneficial use determinations shall be effective for a | 5 | | period approved by the Agency, but that period may not exceed 5 | 6 | | years. Material that is beneficially used (i) in accordance | 7 | | with a beneficial use determination, (ii) during the effective | 8 | | period of the beneficial use determination, and (iii) by the | 9 | | recipient of a beneficial use determination shall maintain its | 10 | | non-waste status after the effective period of the beneficial | 11 | | use determination unless its use no longer complies with the | 12 | | terms of the beneficial use determination or the material | 13 | | otherwise becomes waste. | 14 | | (d) No recipient of a beneficial use determination shall | 15 | | manage or use the material that is the subject of the | 16 | | determination in violation of the determination or any | 17 | | conditions in the determination, unless the material is managed | 18 | | as waste. | 19 | | (e) A beneficial use determination shall terminate by | 20 | | operation of law if, due to a change in law, it conflicts with | 21 | | the law; however, the recipient of the determination may apply | 22 | | for a new beneficial use determination that is consistent with | 23 | | the law as amended. | 24 | | (f) This Section does not apply to hazardous waste, coal | 25 | | combustion waste, coal combustion by-product, sludge applied | 26 | | to the land, potentially infectious medical waste, or used oil. |
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| 1 | | (g) This Section does not apply to material that is burned | 2 | | for energy recovery, that is used to produce a fuel, or that is | 3 | | otherwise contained in a fuel. | 4 | | (h) This Section does not apply to waste from the steel and | 5 | | foundry industries that is (i) classified as beneficially | 6 | | usable waste under Board rules and (ii) beneficially used in | 7 | | accordance with Board rules governing the management of | 8 | | beneficially usable waste from the steel and foundry | 9 | | industries. This Section does apply to other beneficial uses of | 10 | | waste from the steel and foundry industries, including, but not | 11 | | limited to, waste that is classified as beneficially usable | 12 | | waste but not used in accordance with the Board's rules | 13 | | governing the management of beneficially usable waste from the | 14 | | steel and foundry industries. No person shall use iron slags, | 15 | | steelmaking slags, or foundry sands for land reclamation | 16 | | purposes unless they have obtained a beneficial use | 17 | | determination for such use under this Section. | 18 | | (i) For purposes of this Section, the term "commercially | 19 | | available material" means virgin material that (i) meets | 20 | | industry standards for a specific use and (ii) is normally sold | 21 | | for such use. For purposes of this Section, the term | 22 | | "commercially available product" means a product made of virgin | 23 | | material that (i) meets industry standards for a specific use | 24 | | and (ii) is normally sold for such use.
| 25 | | (j) Before issuing a beneficial use determination for the | 26 | | beneficial use of asphalt shingles, the Agency shall conduct an |
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| 1 | | evaluation of the applicant's prior experience in asphalt | 2 | | shingle recycling operations. The Agency may deny such a | 3 | | beneficial use determination if the applicant, or any employee | 4 | | or officer of the applicant, has a history of any one or more | 5 | | of the following related to the operation of asphalt shingle | 6 | | recycling operation facilities or sites: | 7 | | (1) repeated violations of federal, State, or local | 8 | | laws, rules, regulations, standards, or ordinances; | 9 | | (2) conviction in a court of this State or another | 10 | | state of any crime that is a felony under the laws of this | 11 | | State; | 12 | | (3) conviction in a federal court of any crime that is | 13 | | a felony under federal law; | 14 | | (4) conviction in a court of this State or another | 15 | | state, or in a federal court, of forgery, official | 16 | | misconduct, bribery, perjury, or knowingly submitting | 17 | | false information under any environmental law, rule, | 18 | | regulation, or permit term or condition; or | 19 | | (5) gross carelessness or incompetence in the | 20 | | handling, storing, processing, transporting, disposing, or | 21 | | recycling of asphalt shingles. | 22 | | (Source: P.A. 98-296, eff. 1-1-14.)
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