Full Text of HB4714 94th General Assembly
HB4714enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 3.330 as follows:
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| (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
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| Sec. 3.330. Pollution control facility.
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| (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.
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| The following are not pollution control facilities:
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| (1) (Blank);
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| (2) waste storage sites regulated under 40 CFR, Part | 17 |
| 761.42;
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| (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 | 24 |
| owned, controlled or
operated by such person, or when such | 25 |
| wastes are transported within or
between sites or | 26 |
| facilities owned, controlled or operated by such person;
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| (4) sites or facilities at which the State is | 28 |
| performing removal or
remedial action pursuant to Section | 29 |
| 22.2 or 55.3;
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| (5) abandoned quarries used solely for the disposal of | 31 |
| concrete, earth
materials, gravel, or aggregate debris | 32 |
| resulting from road construction
activities conducted by a |
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| unit of government or construction activities due
to the | 2 |
| construction and installation of underground pipes, lines, | 3 |
| conduit
or wires off of the premises of a public utility | 4 |
| company which are
conducted by a public utility;
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| (6) sites or facilities used by any person to | 6 |
| specifically conduct a
landscape composting operation;
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| (7) regional facilities as defined in the Central | 8 |
| Midwest Interstate
Low-Level Radioactive Waste Compact;
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| (8) the portion of a site or facility where coal | 10 |
| combustion wastes are
stored or disposed of in accordance | 11 |
| with subdivision (r)(2) or (r)(3) of
Section 21;
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| (9) the portion of a site or facility used for the | 13 |
| collection,
storage or processing of waste tires as defined | 14 |
| in Title XIV;
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| (10) the portion of a site or facility used for | 16 |
| treatment of
petroleum contaminated materials by | 17 |
| application onto or incorporation into
the soil surface and | 18 |
| any portion of that site or facility used for storage
of | 19 |
| petroleum contaminated materials before treatment. Only | 20 |
| those categories
of petroleum listed in Section
57.9(a)(3) | 21 |
| are exempt under this subdivision (10);
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| (11) the portion of a site or facility where used oil | 23 |
| is collected or
stored prior to shipment to a recycling or | 24 |
| energy recovery facility, provided
that the used oil is | 25 |
| generated by households or commercial establishments, and
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| the site or facility is a recycling center or a business | 27 |
| where oil or gasoline
is sold at retail; | 28 |
| (11.5) processing sites or facilities that receive | 29 |
| only on-specification used oil, as defined in 35 Ill. | 30 |
| Admin. Code 739, originating from used oil collectors for | 31 |
| processing that is managed under 35 Ill. Admin. Code 739 to | 32 |
| produce products for sale to off-site petroleum | 33 |
| facilities, if these processing sites or facilities are: | 34 |
| (i) located within a home rule unit of local government | 35 |
| with a population of at least 30,000 according to the 2000 | 36 |
| federal census, that home rule unit of local government has |
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| been designated as an Urban Round II Empowerment Zone by | 2 |
| the United States Department of Housing and Urban | 3 |
| Development, and that home rule unit of local government | 4 |
| has enacted an ordinance approving the location of the site | 5 |
| or facility and provided funding for the site or facility; | 6 |
| and (ii) in compliance with all applicable zoning | 7 |
| requirements.
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| (12) the portion of a site or facility utilizing coal | 9 |
| combustion waste
for stabilization and treatment of only | 10 |
| waste generated on that site or
facility when used in | 11 |
| connection with response actions pursuant to the federal
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| Comprehensive Environmental Response, Compensation, and | 13 |
| Liability Act of 1980,
the federal Resource Conservation | 14 |
| and Recovery Act of 1976, or the Illinois
Environmental | 15 |
| Protection Act or as authorized by the Agency;
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| (13) the portion of a site or facility accepting | 17 |
| exclusively general
construction or demolition debris, | 18 |
| located in a county with a population over
700,000 as of | 19 |
| January 1, 2000, and operated and located in accordance | 20 |
| with Section 22.38 of this Act; | 21 |
| (14) the portion of a site or facility, located within | 22 |
| a unit of local government that has enacted local zoning | 23 |
| requirements, used to accept, separate, and process | 24 |
| uncontaminated broken concrete, with or without protruding | 25 |
| metal bars, provided that the uncontaminated broken | 26 |
| concrete and metal bars are not speculatively accumulated, | 27 |
| are at the site or facility no longer than one year after | 28 |
| their acceptance, and are returned to the economic | 29 |
| mainstream in the form of raw materials or products; and
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| (15) the portion of a site or facility located in a | 31 |
| county with a population over 3,000,000 that has obtained | 32 |
| local siting approval under Section 39.2 of this Act for a | 33 |
| municipal waste incinerator on or before July 1, 2005 and | 34 |
| that is used for a non-hazardous waste transfer station.
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| (b) A new pollution control facility is:
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| (1) a pollution control facility initially permitted |
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| for development or
construction after July 1, 1981; or
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| (2) the area of expansion beyond the boundary of a | 3 |
| currently permitted
pollution control facility; or
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| (3) a permitted pollution control facility requesting | 5 |
| approval to
store, dispose of, transfer or incinerate, for | 6 |
| the first time, any special
or hazardous waste.
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| (Source: P.A. 93-998, eff. 8-23-04; 94-94, eff. 7-1-05; 94-249, | 8 |
| eff. 7-19-05; revised 8-18-05.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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