State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ][ House Amendment 002 ]

90_HB0257eng

      415 ILCS 5/7.5            from Ch. 111 1/2, par. 1007.5
          Amends  the  Environmental  Protection  Act  to  make   a
      technical change.
                                                     LRB9001201DPcc
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 1        AN  ACT  to  amend  the  Environmental  Protection Act by
 2    changing Sections 3.32, 3.78,  and  21  and  adding  Sections
 3    3.78a and 22.38.
 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:
 6        Section 5.  The Environmental Protection Act  is  amended
 7    by  changing  Sections 3.32, 3.78, and 21 and adding Sections
 8    3.78a and 22.38 as follows:
 9        (415 ILCS 5/3.32) (from Ch. 111 1/2, par. 1003.32)
10        Sec. 3.32. Pollution control facility.
11        (a) "Pollution control facility"  is  any  waste  storage
12    site,  sanitary landfill, waste disposal site, waste transfer
13    station, waste treatment facility, or waste incinerator. This
14    includes sewers,  sewage  treatment  plants,  and  any  other
15    facilities  owned or operated by sanitary districts organized
16    under the Metropolitan Water Reclamation District Act.
17        The following are not pollution control facilities:
18             (1)  (Blank);
19             (2)  waste storage sites  regulated  under  40  CFR,
20        Part 761.42;
21             (3)  sites   or   facilities   used  by  any  person
22        conducting  a  waste  storage,  waste  treatment,   waste
23        disposal, waste transfer or waste incineration operation,
24        or  a  combination  thereof, for wastes generated by such
25        person's own activities, when  such  wastes  are  stored,
26        treated,  disposed  of, transferred or incinerated within
27        the site or facility owned,  controlled  or  operated  by
28        such  person,  or when such wastes are transported within
29        or between  sites  or  facilities  owned,  controlled  or
30        operated by such person;
31             (4)  sites  or  facilities  at  which  the  State is
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 1        performing removal or remedial action pursuant to Section
 2        22.2 or 55.3;
 3             (5)  abandoned quarries used solely for the disposal
 4        of concrete, earth materials, gravel, or aggregate debris
 5        resulting from road construction activities conducted  by
 6        a  unit  of  government or construction activities due to
 7        the construction and installation of  underground  pipes,
 8        lines,  conduit  or wires off of the premises of a public
 9        utility company which are conducted by a public utility;
10             (6)  sites or  facilities  used  by  any  person  to
11        specifically conduct a landscape composting operation;
12             (7)  regional  facilities  as defined in the Central
13        Midwest Interstate Low-Level Radioactive Waste Compact;
14             (8)  the portion of a site or  facility  where  coal
15        combustion wastes are stored or disposed of in accordance
16        with subdivision (r)(2) or (r)(3) of Section 21;
17             (9)  the  portion of a site or facility used for the
18        collection, storage  or  processing  of  waste  tires  as
19        defined in Title XIV;
20             (10)  the  portion  of  a  site or facility used for
21        treatment  of   petroleum   contaminated   materials   by
22        application  onto  or incorporation into the soil surface
23        and any portion of that site or facility used for storage
24        of petroleum  contaminated  materials  before  treatment.
25        Only  those  categories  of petroleum listed in paragraph
26        (5) of subsection (a) of Section 22.18b are exempt  under
27        this subdivision (10);
28             (11)  the  portion  of a site or facility where used
29        oil is  collected  or  stored  prior  to  shipment  to  a
30        recycling  or energy recovery facility, provided that the
31        used  oil  is  generated  by  households  or   commercial
32        establishments,  and  the site or facility is a recycling
33        center or a business where oil or  gasoline  is  sold  at
34        retail;
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 1             (12)  the  portion  of  a site or facility utilizing
 2        coal combustion waste for stabilization and treatment  of
 3        only  waste  generated on that site or facility when used
 4        in connection  with  response  actions  pursuant  to  the
 5        federal     Comprehensive     Environmental     Response,
 6        Compensation,  and  Liability  Act  of  1980, the federal
 7        Resource Conservation and Recovery Act of  1976,  or  the
 8        Illinois Environmental Protection Act or as authorized by
 9        the Agency;.
10             (13)  the  portion  of  a site or facility accepting
11        exclusively general construction  or  demolition  debris,
12        located in a county with a population over 3,000,000, and
13        operated  and located in accordance with Section 22.38 of
14        this Act.
15        (b)  A new pollution control facility is:
16             (1)  a   pollution   control   facility    initially
17        permitted  for  development or construction after July 1,
18        1981; or
19             (2)  the area of expansion beyond the boundary of  a
20        currently permitted pollution control facility; or
21             (3)  a   permitted   pollution    control   facility
22        requesting  approval  to  store,  dispose of, transfer or
23        incinerate, for the first time, any special or  hazardous
24        waste.
25    (Source: P.A.  88-45;  88-681,  eff.  12-22-94;  89-93,  eff.
26    7-6-95.)
27        (415 ILCS 5/3.78) (from Ch. 111 1/2, par. 1003.78)
28        Sec.  3.78.  "General  Clean  construction  or demolition
29    debris"   means   non-hazardous,   uncontaminated   materials
30    resulting from  the  construction,  remodeling,  repair,  and
31    demolition  of  utilities,  structures, and roads, limited to
32    the  following:    bricks,  concrete,   and   other   masonry
33    materials; soil; rock; wood, including non-hazardous painted,
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 1    treated,  and  coated wood and wood products; wall coverings;
 2    plaster; drywall; plumbing fixtures; non-asbestos insulation;
 3    roofing shingles and other roof coverings; reclaimed  asphalt
 4    pavement;  glass;  plastics  that  are not sealed in a manner
 5    that  conceals  waste;  electrical  wiring   and   components
 6    containing  no  hazardous  substances;  and  piping or metals
 7    incidental to any of those materials broken concrete  without
 8    protruding metal bars, bricks, rock, stone, reclaimed asphalt
 9    pavement  or  uncontaminated  dirt  or  sand  generated  from
10    construction or demolition activities.
11    (Source: P.A. 86-633; 86-1028; 87-1171.)
12        (415 ILCS 5/3.78a new)
13        Sec.  3.78a.  "Clean  construction  or demolition debris"
14    means uncontaminated broken concrete without protruding metal
15    bars, bricks, rock, stone,  reclaimed  asphalt  pavement,  or
16    dirt  or  sand  generated  from  construction  or  demolition
17    activities.   To  the  extent  allowed  by federal law, clean
18    construction or demolition debris  shall  not  be  considered
19    "waste" when (i) used as fill material below grade outside of
20    a  setback  zone if covered by sufficient uncontaminated soil
21    to support vegetation within 30 days  of  the  completion  of
22    filling  or if covered by a road or structure, (ii) separated
23    or processed and returned to the economic mainstream  in  the
24    form  of  raw  materials  or  products,  provided  it  is not
25    speculatively accumulated, or (iii)  solely  broken  concrete
26    without protruding metal bars is used for erosion control.
27        (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
28        Sec. 21.  No person shall:
29        (a)  Cause or allow the open dumping of any waste.
30        (b)  Abandon,  dump, or deposit any waste upon the public
31    highways or other  public  property,  except  in  a  sanitary
32    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,  no
15        permit  shall be required for (i) any person conducting a
16        waste-storage,   waste-treatment,    or    waste-disposal
17        operation  for  wastes  generated  by  such  person's own
18        activities which are stored, treated, or disposed  within
19        the  site  where  such  wastes  are  generated, or (ii) a
20        facility located in  a  county  with  a  population  over
21        3,000,000,   operated  and  located  in  accordance  with
22        Section 22.38 of this Act, and used exclusively  for  the
23        transfer,  storage,  or treatment of general construction
24        or demolition debris; for a corporation  organized  under
25        the  General  Not  For Profit Corporation Act of 1986, as
26        now  or  hereafter  amended,  or   a   predecessor   Act,
27        constructing a land form in conformance with local zoning
28        provisions,  within a municipality having a population of
29        more than 1,000,000 inhabitants, with clean  construction
30        or  demolition  debris generated within the municipality,
31        provided that the corporation has contracts for  economic
32        development planning with the municipality; or
33             (2)  in  violation  of  any regulations or standards
34        adopted by the Board under this Act; or
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 1             (3)  which receives waste  after  August  31,  1988,
 2        does not have a permit issued by the Agency, and is (i) a
 3        landfill  used  exclusively  for  the  disposal  of waste
 4        generated  at  the  site,  (ii)  a  surface   impoundment
 5        receiving  special  waste  not listed in an NPDES permit,
 6        (iii) a waste pile in which the total volume of waste  is
 7        greater  than  100 cubic yards or the waste is stored for
 8        over  one  year,  or  (iv)  a  land  treatment   facility
 9        receiving  special  waste  generated at the site; without
10        giving notice of the operation to the Agency  by  January
11        1, 1989, or 30 days after the date on which the operation
12        commences,   whichever   is  later,  and  every  3  years
13        thereafter.  The form  for  such  notification  shall  be
14        specified   by  the  Agency,  and  shall  be  limited  to
15        information  regarding:  the  name  and  address  of  the
16        location of the operation; the  type  of  operation;  the
17        types and amounts of waste stored, treated or disposed of
18        on  an  annual  basis;  the  remaining  capacity  of  the
19        operation;   and  the  remaining  expected  life  of  the
20        operation.
21        Item Paragraph (3) of this subsection (d) shall not apply
22    to  any  person  engaged  in  agricultural  activity  who  is
23    disposing of a substance that constitutes solid waste, if the
24    substance was acquired for use by  that  person  on  his  own
25    property,  and  the  substance  is  disposed  of  on  his own
26    property in accordance with regulations or standards  adopted
27    by the Board.
28        This subsection (d) shall not apply to hazardous waste.
29        (e)  Dispose,  treat,  store  or  abandon  any  waste, or
30    transport any waste into this State for disposal,  treatment,
31    storage  or  abandonment,  except at a site or facility which
32    meets the requirements of this Act  and  of  regulations  and
33    standards thereunder.
34        (f)  Conduct   any   hazardous  waste-storage,  hazardous
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 1    waste-treatment or hazardous waste-disposal operation:
 2             (1)  without a RCRA permit for the  site  issued  by
 3        the  Agency  under  subsection  (d) of Section 39 of this
 4        Act, or in violation of any  condition  imposed  by  such
 5        permit,  including  periodic  reports  and full access to
 6        adequate records and the inspection of facilities, as may
 7        be necessary to assure compliance with this Act and  with
 8        regulations and standards adopted thereunder; or
 9             (2)  in  violation  of  any regulations or standards
10        adopted by the Board under this Act; or
11             (3)  in  violation  of  any   RCRA   permit   filing
12        requirement  established  under  standards adopted by the
13        Board under this Act; or
14             (4)  in violation of any order adopted by the  Board
15        under this Act.
16        Notwithstanding  the  above,  no  RCRA  permit  shall  be
17    required  under  this subsection or subsection (d) of Section
18    39 of this  Act  for  any  person  engaged  in   agricultural
19    activity  who  is  disposing  of  a  substance which has been
20    identified  as  a  hazardous  waste,  and  which   has   been
21    designated  by  Board  regulations  as  being subject to this
22    exception, if the substance was  acquired  for  use  by  that
23    person  on  his own property and the substance is disposed of
24    on  his  own  property  in  accordance  with  regulations  or
25    standards adopted by the Board.
26        (g)  Conduct    any    hazardous     waste-transportation
27    operation:
28             (1)  without  a  permit  issued  by the Agency or in
29        violation of  any  conditions  imposed  by  such  permit,
30        including  periodic  reports  and full access to adequate
31        records and the  inspection  of  facilities,  as  may  be
32        necessary  to  assure  compliance  with this Act and with
33        regulations or standards adopted thereunder; or
34             (2)  in violation of any  regulations  or  standards
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 1        adopted by the Board under this Act.
 2        (h)  Conduct  any  hazardous waste-recycling or hazardous
 3    waste-reclamation  or  hazardous  waste-reuse  operation   in
 4    violation   of   any   regulations,   standards   or   permit
 5    requirements adopted by the Board under this Act.
 6        (i)  Conduct  any  process  or  engage  in  any act which
 7    produces hazardous waste in violation of any  regulations  or
 8    standards  adopted by the Board under subsections (a) and (c)
 9    of Section 22.4 of this Act.
10        (j)  Conduct any special waste  transportation  operation
11    in   violation   of  any  regulations,  standards  or  permit
12    requirements adopted by the Board under this  Act.   However,
13    sludge  from  a  water  or  sewage  treatment plant owned and
14    operated by a unit of local government which (1)  is  subject
15    to  a  sludge  management  plan  approved  by the Agency or a
16    permit granted by the Agency, and (2)  has  been  tested  and
17    determined  not  to  be  a  hazardous  waste  as  required by
18    applicable State and federal laws  and  regulations,  may  be
19    transported  in  this  State  without a special waste hauling
20    permit, and the preparation and carrying of a manifest  shall
21    not  be  required  for  such  sludge  under  the rules of the
22    Pollution Control Board. The unit of local  government  which
23    operates the treatment plant producing such sludge shall file
24    a semiannual report with the Agency identifying the volume of
25    such  sludge  transported  during  the  reporting period, the
26    hauler of the sludge, and the disposal sites to which it  was
27    transported. This subsection (j) shall not apply to hazardous
28    waste.
29        (k)  Fail  or  refuse  to  pay any fee imposed under this
30    Act.
31        (l)  Locate a hazardous  waste  disposal  site  above  an
32    active  or  inactive shaft or tunneled mine or within 2 miles
33    of an active fault in the  earth's  crust.   In  counties  of
34    population less than 225,000 no hazardous waste disposal site
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 1    shall  be  located  (1)  within  1 1/2 miles of the corporate
 2    limits as defined on  June  30,  1978,  of  any  municipality
 3    without   the   approval   of   the  governing  body  of  the
 4    municipality in an official action; or (2) within  1000  feet
 5    of  an  existing  private  well  or  the existing source of a
 6    public water supply measured from the boundary of the  actual
 7    active permitted site and excluding existing private wells on
 8    the  property of the permit applicant. The provisions of this
 9    subsection do not apply to publicly-owned sewage works or the
10    disposal or utilization of sludge from publicly-owned  sewage
11    works.
12        (m)  Transfer interest in any land which has been used as
13    a  hazardous waste disposal site without written notification
14    to the Agency of the transfer and to the  transferee  of  the
15    conditions   imposed   by  the  Agency  upon  its  use  under
16    subsection (g) of Section 39.
17        (n)  Use any land which has  been  used  as  a  hazardous
18    waste  disposal  site  except  in  compliance with conditions
19    imposed by 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
27        (as  determined  by  the  boundaries  established for the
28        landfill by a permit issued by the Agency);
29             (4)  open burning of refuse in violation of  Section
30        9 of this Act;
31             (5)  uncovered  refuse  remaining  from any previous
32        operating day or at the conclusion of any operating  day,
33        unless authorized by permit;
34             (6)  failure  to  provide  final  cover  within time
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 1        limits established by Board regulations;
 2             (7)  acceptance of wastes without necessary permits;
 3             (8)  scavenging as defined by Board regulations;
 4             (9)  deposition of refuse in any unpermitted portion
 5        of the landfill;
 6             (10)  acceptance  of  a  special  waste  without   a
 7        required manifest;
 8             (11)  failure  to submit reports required by permits
 9        or Board regulations;
10             (12)  failure to collect and contain litter from the
11        site by the end of each operating day;
12             (13)  failure to submit any cost  estimate  for  the
13        site  or  any  performance bond or other security for the
14        site as required by this Act or Board rules.
15        The prohibitions specified in this subsection  (o)  shall
16    be   enforceable  by  the  Agency  either  by  administrative
17    citation under Section 31.1  of  this  Act  or  as  otherwise
18    provided  by  this  Act.   The  specific prohibitions in this
19    subsection do not limit the power of the Board  to  establish
20    regulations or standards applicable to sanitary landfills.
21        (p)  In  violation  of  subdivision  (a) of this Section,
22    cause or allow the open dumping of  any  waste  in  a  manner
23    which results in any of the following occurrences at the dump
24    site:
25             (1)  litter;
26             (2)  scavenging;
27             (3)  open burning;
28             (4)  deposition  of  waste  in  standing  or flowing
29        waters;
30             (5)  proliferation of disease vectors;
31             (6)  standing or flowing liquid discharge  from  the
32        dump site.
33        The  prohibitions  specified in this subsection (p) shall
34    be  enforceable  by  the  Agency  either  by   administrative
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 1    citation  under  Section  31.1  of  this  Act or as otherwise
 2    provided by this Act.   The  specific  prohibitions  in  this
 3    subsection  do  not limit the power of the Board to establish
 4    regulations or standards applicable to open dumping.
 5        (q)  Conduct  a  landscape  waste  composting   operation
 6    without  an  Agency permit, provided, however, that no permit
 7    shall be required for any person:
 8             (1)  conducting   a   landscape   waste   composting
 9        operation for landscape wastes generated by such person's
10        own activities which are stored, treated or  disposed  of
11        within the site where such wastes are generated; or
12             (2)  applying landscape waste or composted landscape
13        waste at agronomic rates; or
14             (3)  operating a landscape waste composting facility
15        on  a  farm,  if  the facility meets all of the following
16        criteria:
17                  (A)  the composting facility is operated by the
18             farmer on property on which the composting  material
19             is utilized, and the composting facility constitutes
20             no  more  than  2%  of the property's total acreage,
21             except that the Agency may allow a higher percentage
22             for individual sites where the owner or operator has
23             demonstrated to the  Agency  that  the  site's  soil
24             characteristics or crop needs require a higher rate;
25                  (B)  the   property  on  which  the  composting
26             facility is located, and any associated property  on
27             which  the  compost  is  used,  is  principally  and
28             diligently devoted to the production of agricultural
29             crops   and   is  not  owned,  leased  or  otherwise
30             controlled by  any  waste  hauler  or  generator  of
31             nonagricultural  compost materials, and the operator
32             of the  composting  facility  is  not  an  employee,
33             partner,  shareholder,  or in any way connected with
34             or controlled by any such waste hauler or generator;
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 1                  (C)  all compost generated  by  the  composting
 2             facility  is  applied at agronomic rates and used as
 3             mulch,  fertilizer  or  soil  conditioner  on   land
 4             actually   farmed   by   the  person  operating  the
 5             composting facility, and the finished compost is not
 6             stored at the composting site for  a  period  longer
 7             than  18  months  prior to its application as mulch,
 8             fertilizer, or soil conditioner;
 9                  (D)  the owner or operator, by January 1,  1990
10             (or   the   January   1  following  commencement  of
11             operation, whichever is later) and January 1 of each
12             year thereafter, (i) registers  the  site  with  the
13             Agency,  (ii) reports to the Agency on the volume of
14             composting material received and used at  the  site,
15             (iii) certifies to the Agency that the site complies
16             with  the  requirements  set  forth in subparagraphs
17             (A), (B) and (C) of this paragraph (q)(3), and  (iv)
18             certifies to the Agency that all composting material
19             was  placed  more  than  200  feet  from the nearest
20             potable water supply well, was  placed  outside  the
21             boundary  of  the 10-year floodplain or on a part of
22             the site that is floodproofed, was placed  at  least
23             1/4  mile  from  the nearest residence (other than a
24             residence  located  on  the  same  property  as  the
25             facility) and there are not more  than  10  occupied
26             non-farm   residences   within   1/2   mile  of  the
27             boundaries of the site on the date  of  application,
28             and  was  placed  more  than  5 feet above the water
29             table.
30        For the  purposes  of  this  subsection  (q),  "agronomic
31    rates"  means  the  application  of not more than 20 tons per
32    acre per year, except that the Agency may allow a higher rate
33    for  individual  sites  where  the  owner  or  operator   has
34    demonstrated   to   the   Agency   that   the   site's   soil
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 1    characteristics or crop needs require a higher rate.
 2        (r)  Cause  or  allow  the  storage  or  disposal of coal
 3    combustion waste unless:
 4             (1)  such waste is stored or disposed of at  a  site
 5        or  facility  for  which a permit has been obtained or is
 6        not otherwise  required  under  subsection  (d)  of  this
 7        Section; or
 8             (2)  such  waste  is stored or disposed of as a part
 9        of the design and reclamation of a site or facility which
10        is  an  abandoned  mine  site  in  accordance  with   the
11        Abandoned Mined Lands and Water Reclamation Act; or
12             (3)  such  waste  is stored or disposed of at a site
13        or facility which is operating under NPDES and Subtitle D
14        permits issued by  the  Agency  pursuant  to  regulations
15        adopted by the Board for mine-related water pollution and
16        permits  issued  pursuant  to  the Federal Surface Mining
17        Control and Reclamation Act of 1977 (P.L. 95-87)  or  the
18        rules  and  regulations  thereunder or any law or rule or
19        regulation adopted by  the  State  of  Illinois  pursuant
20        thereto, and the owner or operator of the facility agrees
21        to accept the waste; and either
22                  (i)  such  waste  is  stored  or disposed of in
23             accordance with requirements  applicable  to  refuse
24             disposal  under regulations adopted by the Board for
25             mine-related water pollution and pursuant  to  NPDES
26             and  Subtitle  D  permits issued by the Agency under
27             such regulations; or
28                  (ii)  the owner or  operator  of  the  facility
29             demonstrates all of the following to the Agency, and
30             the  facility  is  operated  in  accordance with the
31             demonstration as approved by  the  Agency:  (1)  the
32             disposal  area will be covered in a manner that will
33             support continuous vegetation, (2) the facility will
34             be adequately protected from wind and water erosion,
HB0257 Engrossed           -14-                LRB9001201DPcc
 1             (3) the pH will  be  maintained  so  as  to  prevent
 2             excessive  leaching  of metal ions, and (4) adequate
 3             containment or other measures will  be  provided  to
 4             protect   surface   water   and   groundwater   from
 5             contamination  at levels prohibited by this Act, the
 6             Illinois Groundwater Protection Act, or  regulations
 7             adopted pursuant thereto.
 8        Notwithstanding  any  other  provision of this Title, the
 9    disposal of coal combustion waste pursuant to item (2) or (3)
10    of this subdivision  (r)  shall  be  exempt  from  the  other
11    provisions   of   this   Title  V,  and  notwithstanding  the
12    provisions of Title X of this Act, the Agency  is  authorized
13    to grant experimental permits which include provision for the
14    disposal  of  wastes  from  the  combustion of coal and other
15    materials pursuant to items (2) and (3) of  this  subdivision
16    (r).
17        (s)  After  April  1,  1989,  offer  for  transportation,
18    transport, deliver, receive or accept special waste for which
19    a  manifest  is  required, unless the manifest indicates that
20    the fee required under Section 22.8  of  this  Act  has  been
21    paid.
22        (t)  Cause  or  allow  a lateral expansion of a municipal
23    solid waste landfill  unit  on  or  after  October  9,  1993,
24    without  a  permit  modification, granted by the Agency, that
25    authorizes the lateral expansion.
26        (u)  Conduct any vegetable by-product treatment, storage,
27    disposal or transportation  operation  in  violation  of  any
28    regulation,  standards  or permit requirements adopted by the
29    Board under this Act. However, no permit  shall  be  required
30    under  this  Title  V  for  the land application of vegetable
31    by-products conducted pursuant to Agency permit issued  under
32    Title  III  of  this  Act  to  the generator of the vegetable
33    by-products.  In  addition,  vegetable  by-products  may   be
34    transported  in  this  State  without a special waste hauling
HB0257 Engrossed           -15-                LRB9001201DPcc
 1    permit,  and  without  the  preparation  and  carrying  of  a
 2    manifest.
 3    (Source: P.A. 88-454; 88-496; 88-670,  eff.  12-2-94;  89-93,
 4    eff. 7-6-95; 89-535, eff. 7-19-96.)
 5        (415 ILCS 5/22.38 new)
 6        Sec.  22.38.  Facilities  accepting  exclusively  general
 7    construction  or  demolition debris for transfer, storage, or
 8    treatment.
 9        (a)  Facilities     accepting     exclusively     general
10    construction or demolition debris for transfer,  storage,  or
11    treatment  shall  be  subject to local zoning, ordinance, and
12    land use requirements. Those facilities shall be  located  in
13    accordance  with local zoning requirements or, in the absence
14    of local zoning requirements, shall be  located  so  that  no
15    part  of the facility boundary is closer than 1,320 feet from
16    the nearest property zoned for primarily residential use.
17        (b)  An  owner  or  operator  of  a  facility   accepting
18    exclusively  general  construction  or  demolition debris for
19    transfer, storage, or treatment shall:
20             (1)  within 48  hours  of  receipt  of  the  general
21        construction  or  demolition debris at the facility, sort
22        the general construction or demolition debris to separate
23        the recyclable general construction or demolition  debris
24        from  non-recyclable  general  construction or demolition
25        debris to be disposed of or discarded;
26             (2)  transport   off   site   for    disposal    all
27        non-recyclable  general construction or demolition debris
28        in accordance with all  applicable  federal,  State,  and
29        local  requirements  within  7 days of its receipt at the
30        facility;
31             (3)  limit the percentage of incoming non-recyclable
32        general construction or demolition debris to 25% or  less
33        of  the total incoming general construction or demolition
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 1        debris, as calculated on a daily basis;
 2             (4)  transport   all   non-putrescible    recyclable
 3        general  construction  or demolition debris for recycling
 4        or disposal  within  6  months  of  its  receipt  at  the
 5        facility;
 6             (5)  transport   all   putrescible   or  combustible
 7        recyclable general construction or demolition debris  for
 8        recycling  or  disposal  within 30 days of its receipt at
 9        the facility;
10             (6)  employ tagging and recordkeeping procedures  to
11        (i)  demonstrate  compliance  with  this Section and (ii)
12        identify the source and transporter of material  accepted
13        by the facility;
14             (7)  control  odor,  noise, combustion of materials,
15        disease vectors, dust, and litter;
16             (8)  control, manage, and dispose of any storm water
17        runoff  and  leachate  generated  at  the   facility   in
18        accordance  with  applicable  federal,  State,  and local
19        requirements;
20             (9)  control access to the facility and post a  sign
21        at the main entrance that states the permit number of any
22        permit  issued  to the facility by the Agency, the nature
23        of   the   facility's   operations,   the   penalty   for
24        unauthorized trespass or dumping, if any, and  the  name,
25        address,  and  telephone  number  of the person or entity
26        operating the facility;
27             (10)  comply with all applicable federal, State,  or
28        local    requirements    for   the   handling,   storage,
29        transportation,  or   disposal   of   asbestos-containing
30        material  or other material accepted at the facility that
31        is not general construction or demolition debris; and
32             (11)  submit to the Agency at least 30 days prior to
33        the  initial  acceptance  of  general   construction   or
34        demolition  debris  at the facility, on forms provided by
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 1        the Agency, the following information:
 2                  (A)  the name, address, and telephone number of
 3             both the facility owner and operator;
 4                  (B)  the street address  and  location  of  the
 5             facility;
 6                  (C)  a description of facility operations;
 7                  (D)  a   description   of   the   tagging   and
 8             recordkeeping procedures the facility will employ to
 9             (i)  demonstrate  compliance  with  this Section and
10             (ii) identify the  source  and  transporter  of  any
11             material accepted by the facility;
12                  (E)  the name and location of the disposal site
13             to  be  used  for the transportation and disposal of
14             non-recyclable materials accepted at the facility;
15                  (F)  the name and location  of  an  individual,
16             facility,  or business to which recyclable materials
17             will be transported; and
18                  (G)  other information as specified on the form
19             provided by the Agency.
20             When any of the information contained  or  processes
21        described  in  the initial notification form submitted to
22        the Agency changes, the owner and operator  shall  submit
23        an updated form within 14 days of the change.
24        (c)  For  purposes  of this Section, the term "recyclable
25    general construction  or  demolition  debris"  means  general
26    construction  or  demolition  debris  that  has been rendered
27    reusable and is reused or that would otherwise be disposed of
28    or discarded but is collected, separated,  or  processed  and
29    returned  to  the  economic  mainstream  in  the  form of raw
30    materials or products. "Recyclable  general  construction  or
31    demolition  debris"  does not include general construction or
32    demolition debris processed for  use  as  fuel,  incinerated,
33    burned, buried, or otherwise used as fill material.
34        (d)  For  purposes  of  this  Section,  "treatment" means
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 1    processing designed to  alter  the  physical  nature  of  the
 2    general  construction or demolition debris, including but not
 3    limited   to   size   reduction,   crushing,   grinding,   or
 4    homogenization, but does not include processing  designed  to
 5    change  the  chemical  nature  of the general construction or
 6    demolition debris.
 7        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.

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