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90_HB1887enr
415 ILCS 5/39 from Ch. 111 1/2, par. 1039
Amends the Environmental Protection Act to make a
technical change.
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1 AN ACT concerning the environment, amending named Acts.
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
5 by changing Sections 3.32, 3.78, 21, and 22.15 and adding
6 Sections 3.78a and 22.38 as follows:
7 (415 ILCS 5/3.32) (from Ch. 111 1/2, par. 1003.32)
8 Sec. 3.32. Pollution control facility.
9 (a) "Pollution control facility" is any waste storage
10 site, sanitary landfill, waste disposal site, waste transfer
11 station, waste treatment facility, or waste incinerator. This
12 includes sewers, sewage treatment plants, and any other
13 facilities owned or operated by sanitary districts organized
14 under the Metropolitan Water Reclamation District Act.
15 The following are not pollution control facilities:
16 (1) (Blank);
17 (2) waste storage sites regulated under 40 CFR,
18 Part 761.42;
19 (3) sites or facilities used by any person
20 conducting a waste storage, waste treatment, waste
21 disposal, waste transfer or waste incineration operation,
22 or a combination thereof, for wastes generated by such
23 person's own activities, when such wastes are stored,
24 treated, disposed of, transferred or incinerated within
25 the site or facility owned, controlled or operated by
26 such person, or when such wastes are transported within
27 or between sites or facilities owned, controlled or
28 operated by such person;
29 (4) sites or facilities at which the State is
30 performing removal or remedial action pursuant to Section
31 22.2 or 55.3;
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1 (5) abandoned quarries used solely for the disposal
2 of concrete, earth materials, gravel, or aggregate debris
3 resulting from road construction activities conducted by
4 a unit of government or construction activities due to
5 the construction and installation of underground pipes,
6 lines, conduit or wires off of the premises of a public
7 utility 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.
23 Only those categories of petroleum listed in paragraph
24 (5) of subsection (a) of Section 22.18b are exempt under
25 this subdivision (10);
26 (11) the portion of a site or facility where used
27 oil is collected or stored prior to shipment to a
28 recycling or energy recovery facility, provided that the
29 used oil is generated by households or commercial
30 establishments, and the site or facility is a recycling
31 center or a business where oil or gasoline is sold at
32 retail;
33 (12) the portion of a site or facility utilizing
34 coal combustion waste for stabilization and treatment of
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1 only waste generated on that site or facility when used
2 in connection with response actions pursuant to the
3 federal Comprehensive Environmental Response,
4 Compensation, and Liability Act of 1980, the federal
5 Resource Conservation and Recovery Act of 1976, or the
6 Illinois Environmental Protection Act or as authorized by
7 the Agency;.
8 (13) the portion of a site or facility accepting
9 exclusively general construction or demolition debris,
10 located in a county with a population over 700,000, and
11 operated and located in accordance with Section 22.38 of
12 this Act.
13 (b) A new pollution control facility is:
14 (1) a pollution control facility initially
15 permitted for development or construction after July 1,
16 1981; or
17 (2) the area of expansion beyond the boundary of a
18 currently permitted pollution control facility; or
19 (3) a permitted pollution control facility
20 requesting approval to store, dispose of, transfer or
21 incinerate, for the first time, any special or hazardous
22 waste.
23 (Source: P.A. 88-45; 88-681, eff. 12-22-94; 89-93, eff.
24 7-6-95.)
25 (415 ILCS 5/3.78) (from Ch. 111 1/2, par. 1003.78)
26 Sec. 3.78. "General Clean construction or demolition
27 debris" means non-hazardous, uncontaminated materials
28 resulting from the construction, remodeling, repair, and
29 demolition of utilities, structures, and roads, limited to
30 the following: bricks, concrete, and other masonry
31 materials; soil; rock; wood, including non-hazardous painted,
32 treated, and coated wood and wood products; wall coverings;
33 plaster; drywall; plumbing fixtures; non-asbestos insulation;
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1 roofing shingles and other roof coverings; reclaimed asphalt
2 pavement; glass; plastics that are not sealed in a manner
3 that conceals waste; electrical wiring and components
4 containing no hazardous substances; and piping or metals
5 incidental to any of those materials broken concrete without
6 protruding metal bars, bricks, rock, stone, reclaimed asphalt
7 pavement or uncontaminated dirt or sand generated from
8 construction or demolition activities.
9 (Source: P.A. 86-633; 86-1028; 87-1171.)
10 (415 ILCS 5/3.78a new)
11 Sec. 3.78a. "Clean construction or demolition debris"
12 means uncontaminated broken concrete without protruding metal
13 bars, bricks, rock, stone, reclaimed asphalt pavement, or
14 dirt or sand generated from construction or demolition
15 activities. To the extent allowed by federal law, clean
16 construction or demolition debris shall not be considered
17 "waste" when (i) used as fill material below grade outside of
18 a setback zone if covered by sufficient uncontaminated soil
19 to support vegetation within 30 days of the completion of
20 filling or if covered by a road or structure, (ii) separated
21 or processed and returned to the economic mainstream in the
22 form of raw materials or products, provided it is not
23 speculatively accumulated, or (iii) solely broken concrete
24 without protruding metal bars is used for erosion control.
25 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
26 Sec. 21. No person shall:
27 (a) Cause or allow the open dumping of any waste.
28 (b) Abandon, dump, or deposit any waste upon the public
29 highways or other public property, except in a sanitary
30 landfill approved by the Agency pursuant to regulations
31 adopted by the Board.
32 (c) Abandon any vehicle in violation of the "Abandoned
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1 Vehicles Amendment to the Illinois Vehicle Code", as enacted
2 by the 76th General Assembly.
3 (d) Conduct any waste-storage, waste-treatment, or
4 waste-disposal operation:
5 (1) without a permit granted by the Agency or in
6 violation of any conditions imposed by such permit,
7 including periodic reports and full access to adequate
8 records and the inspection of facilities, as may be
9 necessary to assure compliance with this Act and with
10 regulations and standards adopted thereunder; provided,
11 however, that, except for municipal solid waste landfill
12 units that receive waste on or after October 9, 1993, no
13 permit shall be required for (i) any person conducting a
14 waste-storage, waste-treatment, or waste-disposal
15 operation for wastes generated by such person's own
16 activities which are stored, treated, or disposed within
17 the site where such wastes are generated, or (ii) a
18 facility located in a county with a population over
19 700,000, operated and located in accordance with Section
20 22.38 of this Act, and used exclusively for the transfer,
21 storage, or treatment of general construction or
22 demolition debris; for a corporation organized under the
23 General Not For Profit Corporation Act of 1986, as now or
24 hereafter amended, or a predecessor Act, constructing a
25 land form in conformance with local zoning provisions,
26 within a municipality having a population of more than
27 1,000,000 inhabitants, with clean construction or
28 demolition debris generated within the municipality,
29 provided that the corporation has contracts for economic
30 development planning with the municipality; or
31 (2) in violation of any regulations or standards
32 adopted by the Board under this Act; or
33 (3) which receives waste after August 31, 1988,
34 does not have a permit issued by the Agency, and is (i) a
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1 landfill used exclusively for the disposal of waste
2 generated at the site, (ii) a surface impoundment
3 receiving special waste not listed in an NPDES permit,
4 (iii) a waste pile in which the total volume of waste is
5 greater than 100 cubic yards or the waste is stored for
6 over one year, or (iv) a land treatment facility
7 receiving special waste generated at the site; without
8 giving notice of the operation to the Agency by January
9 1, 1989, or 30 days after the date on which the operation
10 commences, whichever is later, and every 3 years
11 thereafter. The form for such notification shall be
12 specified by the Agency, and shall be limited to
13 information regarding: the name and address of the
14 location of the operation; the type of operation; the
15 types and amounts of waste stored, treated or disposed of
16 on an annual basis; the remaining capacity of the
17 operation; and the remaining expected life of the
18 operation.
19 Item Paragraph (3) of this subsection (d) shall not apply
20 to any person engaged in agricultural activity who is
21 disposing of a substance that constitutes solid waste, if the
22 substance was acquired for use by that person on his own
23 property, and the substance is disposed of on his own
24 property in accordance with regulations or standards adopted
25 by the Board.
26 This subsection (d) shall not apply to hazardous waste.
27 (e) Dispose, treat, store or abandon any waste, or
28 transport any waste into this State for disposal, treatment,
29 storage or abandonment, except at a site or facility which
30 meets the requirements of this Act and of regulations and
31 standards thereunder.
32 (f) Conduct any hazardous waste-storage, hazardous
33 waste-treatment or hazardous waste-disposal operation:
34 (1) without a RCRA permit for the site issued by
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1 the Agency under subsection (d) of Section 39 of this
2 Act, or in violation of any condition imposed by such
3 permit, including periodic reports and full access to
4 adequate records and the inspection of facilities, as may
5 be necessary to assure compliance with this Act and with
6 regulations and standards adopted thereunder; or
7 (2) in violation of any regulations or standards
8 adopted by the Board under this Act; or
9 (3) in violation of any RCRA permit filing
10 requirement established under standards adopted by the
11 Board under this Act; or
12 (4) in violation of any order adopted by the Board
13 under this Act.
14 Notwithstanding the above, no RCRA permit shall be
15 required under this subsection or subsection (d) of Section
16 39 of this Act for any person engaged in agricultural
17 activity who is disposing of a substance which has been
18 identified as a hazardous waste, and which has been
19 designated by Board regulations as being subject to this
20 exception, if the substance was acquired for use by that
21 person on his own property and the substance is disposed of
22 on his own property in accordance with regulations or
23 standards adopted by the Board.
24 (g) Conduct any hazardous waste-transportation
25 operation:
26 (1) without a permit issued by the Agency or in
27 violation of any conditions imposed by such permit,
28 including periodic reports and full access to adequate
29 records and the inspection of facilities, as may be
30 necessary to assure compliance with this Act and with
31 regulations or standards adopted thereunder; or
32 (2) in violation of any regulations or standards
33 adopted by the Board under this Act.
34 (h) Conduct any hazardous waste-recycling or hazardous
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1 waste-reclamation or hazardous waste-reuse operation in
2 violation of any regulations, standards or permit
3 requirements adopted by the Board under this Act.
4 (i) Conduct any process or engage in any act which
5 produces hazardous waste in violation of any regulations or
6 standards adopted by the Board under subsections (a) and (c)
7 of Section 22.4 of this Act.
8 (j) Conduct any special waste transportation operation
9 in violation of any regulations, standards or permit
10 requirements adopted by the Board under this Act. However,
11 sludge from a water or sewage treatment plant owned and
12 operated by a unit of local government which (1) is subject
13 to a sludge management plan approved by the Agency or a
14 permit granted by the Agency, and (2) has been tested and
15 determined not to be a hazardous waste as required by
16 applicable State and federal laws and regulations, may be
17 transported in this State without a special waste hauling
18 permit, and the preparation and carrying of a manifest shall
19 not be required for such sludge under the rules of the
20 Pollution Control Board. The unit of local government which
21 operates the treatment plant producing such sludge shall file
22 a semiannual report with the Agency identifying the volume of
23 such sludge transported during the reporting period, the
24 hauler of the sludge, and the disposal sites to which it was
25 transported. This subsection (j) shall not apply to hazardous
26 waste.
27 (k) Fail or refuse to pay any fee imposed under this
28 Act.
29 (l) Locate a hazardous waste disposal site above an
30 active or inactive shaft or tunneled mine or within 2 miles
31 of an active fault in the earth's crust. In counties of
32 population less than 225,000 no hazardous waste disposal site
33 shall be located (1) within 1 1/2 miles of the corporate
34 limits as defined on June 30, 1978, of any municipality
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1 without the approval of the governing body of the
2 municipality in an official action; or (2) within 1000 feet
3 of an existing private well or the existing source of a
4 public water supply measured from the boundary of the actual
5 active permitted site and excluding existing private wells on
6 the property of the permit applicant. The provisions of this
7 subsection do not apply to publicly-owned sewage works or the
8 disposal or utilization of sludge from publicly-owned sewage
9 works.
10 (m) Transfer interest in any land which has been used as
11 a hazardous waste disposal site without written notification
12 to the Agency of the transfer and to the transferee of the
13 conditions imposed by the Agency upon its use under
14 subsection (g) of Section 39.
15 (n) Use any land which has been used as a hazardous
16 waste disposal site except in compliance with conditions
17 imposed by the Agency under subsection (g) of Section 39.
18 (o) Conduct a sanitary landfill operation which is
19 required to have a permit under subsection (d) of this
20 Section, in a manner which results in any of the following
21 conditions:
22 (1) refuse in standing or flowing waters;
23 (2) leachate flows entering waters of the State;
24 (3) leachate flows exiting the landfill confines
25 (as determined by the boundaries established for the
26 landfill by a permit issued by the Agency);
27 (4) open burning of refuse in violation of Section
28 9 of this Act;
29 (5) uncovered refuse remaining from any previous
30 operating day or at the conclusion of any operating day,
31 unless authorized by permit;
32 (6) failure to provide final cover within time
33 limits established by Board regulations;
34 (7) acceptance of wastes without necessary permits;
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1 (8) scavenging as defined by Board regulations;
2 (9) deposition of refuse in any unpermitted portion
3 of the landfill;
4 (10) acceptance of a special waste without a
5 required manifest;
6 (11) failure to submit reports required by permits
7 or Board regulations;
8 (12) failure to collect and contain litter from the
9 site by the end of each operating day;
10 (13) failure to submit any cost estimate for the
11 site or any performance bond or other security for the
12 site as required by this Act or Board rules.
13 The prohibitions specified in this subsection (o) shall
14 be enforceable by the Agency either by administrative
15 citation under Section 31.1 of this Act or as otherwise
16 provided by this Act. The specific prohibitions in this
17 subsection do not limit the power of the Board to establish
18 regulations or standards applicable to sanitary landfills.
19 (p) In violation of subdivision (a) of this Section,
20 cause or allow the open dumping of any waste in a manner
21 which results in any of the following occurrences at the dump
22 site:
23 (1) litter;
24 (2) scavenging;
25 (3) open burning;
26 (4) deposition of waste in standing or flowing
27 waters;
28 (5) proliferation of disease vectors;
29 (6) standing or flowing liquid discharge from the
30 dump site.
31 The prohibitions specified in this subsection (p) shall
32 be enforceable by the Agency either by administrative
33 citation under Section 31.1 of this Act or as otherwise
34 provided by this Act. The specific prohibitions in this
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1 subsection do not limit the power of the Board to establish
2 regulations or standards applicable to open dumping.
3 (q) Conduct a landscape waste composting operation
4 without an Agency permit, provided, however, that no permit
5 shall be required for any person:
6 (1) conducting a landscape waste composting
7 operation for landscape wastes generated by such person's
8 own activities which are stored, treated or disposed of
9 within the site where such wastes are generated; or
10 (2) applying landscape waste or composted landscape
11 waste at agronomic rates; or
12 (3) operating a landscape waste composting facility
13 on a farm, if the facility meets all of the following
14 criteria:
15 (A) the composting facility is operated by the
16 farmer on property on which the composting material
17 is utilized, and the composting facility constitutes
18 no more than 2% of the property's total acreage,
19 except that the Agency may allow a higher percentage
20 for individual sites where the owner or operator has
21 demonstrated to the Agency that the site's soil
22 characteristics or crop needs require a higher rate;
23 (B) the property on which the composting
24 facility is located, and any associated property on
25 which the compost is used, is principally and
26 diligently devoted to the production of agricultural
27 crops and is not owned, leased or otherwise
28 controlled by any waste hauler or generator of
29 nonagricultural compost materials, and the operator
30 of the composting facility is not an employee,
31 partner, shareholder, or in any way connected with
32 or controlled by any such waste hauler or generator;
33 (C) all compost generated by the composting
34 facility is applied at agronomic rates and used as
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1 mulch, fertilizer or soil conditioner on land
2 actually farmed by the person operating the
3 composting facility, and the finished compost is not
4 stored at the composting site for a period longer
5 than 18 months prior to its application as mulch,
6 fertilizer, or soil conditioner;
7 (D) the owner or operator, by January 1, 1990
8 (or the January 1 following commencement of
9 operation, whichever is later) and January 1 of each
10 year thereafter, (i) registers the site with the
11 Agency, (ii) reports to the Agency on the volume of
12 composting material received and used at the site,
13 (iii) certifies to the Agency that the site complies
14 with the requirements set forth in subparagraphs
15 (A), (B) and (C) of this paragraph (q)(3), and (iv)
16 certifies to the Agency that all composting material
17 was placed more than 200 feet from the nearest
18 potable water supply well, was placed outside the
19 boundary of the 10-year floodplain or on a part of
20 the site that is floodproofed, was placed at least
21 1/4 mile from the nearest residence (other than a
22 residence located on the same property as the
23 facility) and there are not more than 10 occupied
24 non-farm residences within 1/2 mile of the
25 boundaries of the site on the date of application,
26 and was placed more than 5 feet above the water
27 table.
28 For the purposes of this subsection (q), "agronomic
29 rates" means the application of not more than 20 tons per
30 acre per year, except that the Agency may allow a higher rate
31 for individual sites where the owner or operator has
32 demonstrated to the Agency that the site's soil
33 characteristics or crop needs require a higher rate.
34 (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
3 or facility for which a permit has been obtained or is
4 not otherwise required under subsection (d) of this
5 Section; or
6 (2) such waste is stored or disposed of as a part
7 of the design and reclamation of a site or facility which
8 is an abandoned mine site in accordance with the
9 Abandoned Mined Lands and Water Reclamation Act; or
10 (3) such waste is stored or disposed of at a site
11 or 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 Surface Mining
15 Control and Reclamation Act of 1977 (P.L. 95-87) or the
16 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
24 and Subtitle D permits issued by the Agency under
25 such regulations; or
26 (ii) the owner or operator of the facility
27 demonstrates all of the following to the Agency, and
28 the facility is operated in accordance with the
29 demonstration as approved by the Agency: (1) the
30 disposal area will be covered in a manner that will
31 support continuous vegetation, (2) the facility will
32 be adequately protected from wind and water erosion,
33 (3) the pH will be maintained so as to prevent
34 excessive leaching of metal ions, and (4) adequate
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1 containment or other measures will be provided to
2 protect surface water and groundwater from
3 contamination at levels prohibited by this Act, the
4 Illinois Groundwater Protection Act, or regulations
5 adopted pursuant thereto.
6 Notwithstanding any other provision of this Title, the
7 disposal of coal combustion waste pursuant to item (2) or (3)
8 of this subdivision (r) shall be exempt from the other
9 provisions of this Title V, and notwithstanding the
10 provisions of Title X of this Act, the Agency is authorized
11 to grant experimental permits which include provision for the
12 disposal of wastes from the combustion of coal and other
13 materials pursuant to items (2) and (3) of this subdivision
14 (r).
15 (s) After April 1, 1989, offer for transportation,
16 transport, deliver, receive or accept special waste for which
17 a manifest is required, unless the manifest indicates that
18 the fee required under Section 22.8 of this Act has been
19 paid.
20 (t) Cause or allow a lateral expansion of a municipal
21 solid waste landfill unit on or after October 9, 1993,
22 without a permit modification, granted by the Agency, that
23 authorizes the lateral expansion.
24 (u) Conduct any vegetable by-product treatment, storage,
25 disposal or transportation operation in violation of any
26 regulation, standards or permit requirements adopted by the
27 Board under this Act. However, no permit shall be required
28 under this Title V for the land application of vegetable
29 by-products conducted pursuant to Agency permit issued under
30 Title III of this Act to the generator of the vegetable
31 by-products. In addition, vegetable by-products may be
32 transported in this State without a special waste hauling
33 permit, and without the preparation and carrying of a
34 manifest.
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1 (Source: P.A. 88-454; 88-496; 88-670, eff. 12-2-94; 89-93,
2 eff. 7-6-95; 89-535, eff. 7-19-96.)
3 (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
4 Sec. 22.15. Solid Waste Management Fund; fees.
5 (a) There is hereby created within the State Treasury a
6 special fund to be known as the "Solid Waste Management Fund"
7 constituted from the fees collected by the State pursuant to
8 this Section and from repayments of loans made from the Fund
9 for solid waste projects. Moneys received by the Department
10 of Commerce and Community Affairs in repayment of loans made
11 pursuant to the Illinois Solid Waste Management Act shall be
12 deposited into the Solid Waste Management Revolving Loan
13 Fund.
14 (b) On and after January 1, 1987, the Agency shall
15 assess and collect a fee in the amount set forth herein from
16 the owner or operator of each sanitary landfill permitted or
17 required to be permitted by the Agency to dispose of solid
18 waste if the sanitary landfill is located off the site where
19 such waste was produced and if such sanitary landfill is
20 owned, controlled, and operated by a person other than the
21 generator of such waste. The Agency shall deposit all fees
22 collected into the Solid Waste Management Fund. If a site is
23 contiguous to one or more landfills owned or operated by the
24 same person, the volumes permanently disposed of by each
25 landfill shall be combined for purposes of determining the
26 fee under this subsection.
27 (1) If more than 150,000 cubic yards of
28 non-hazardous solid waste is permanently disposed of at a
29 site in a calendar year, the owner or operator shall
30 either pay a fee of 45 cents per cubic yard (60¢ per
31 cubic yard from January 1, 1989 through December 31,
32 1993), or alternatively the owner or operator may weigh
33 the quantity of the solid waste permanently disposed of
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1 with a device for which certification has been obtained
2 under the Weights and Measures Act and pay a fee of 95
3 cents per ton ($1.27 per ton from January 1, 1989 through
4 December 31, 1993) of solid waste permanently disposed
5 of. An owner or operator that is subject to any fee, tax,
6 or surcharge imposed under the authority of subsection
7 (j) of this Section on September 26, 1991, with respect
8 to fees due to the Agency under this paragraph after
9 December 31, 1991 and before January 1, 1994, shall
10 deduct from the amount paid to the Agency the amount by
11 which the fee paid under subsection (j) exceeds 45 cents
12 per cubic yard or 95 cents per ton. In no case shall the
13 fee collected or paid by the owner or operator under this
14 paragraph exceed $1.05 per cubic yard or $2.22 per ton.
15 (2) If more than 100,000 cubic yards, but not more
16 than 150,000 cubic yards of non-hazardous waste is
17 permanently disposed of at a site in a calendar year, the
18 owner or operator shall pay a fee of $25,000 ($33,350 in
19 1989, 1990 and 1991).
20 (3) If more than 50,000 cubic yards, but not more
21 than 100,000 cubic yards of non-hazardous solid waste is
22 permanently disposed of at a site in a calendar year, the
23 owner or operator shall pay a fee of $11,300 ($15,500 in
24 1989, 1990 and 1991).
25 (4) If more than 10,000 cubic yards, but not more
26 than 50,000 cubic yards of non-hazardous solid waste is
27 permanently disposed of at a site in a calendar year, the
28 owner or operator shall pay a fee of $3,450 ($4,650 in
29 1989, 1990 and 1991).
30 (5) If not more than 10,000 cubic yards of
31 non-hazardous solid waste is permanently disposed of at a
32 site in a calendar year, the owner or operator shall pay
33 a fee of $500 ($650 in 1989, 1990 and 1991).
34 (c) From January 1, 1987 through December 31, 1988, the
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1 fee set forth in this Section shall not apply to:
2 (1) Solid waste which is hazardous waste;
3 (2) Any landfill which is permitted by the Agency
4 to receive only demolition or construction debris or
5 landscape waste; or
6 (3) The following wastes:
7 (A) Foundry sand;
8 (B) Coal combustion by-product, including
9 scrubber waste and fluidized bed boiler waste which
10 does not contain metal cleaning waste;
11 (C) Slag from the manufacture of iron and
12 steel;
13 (D) Pollution Control Waste;
14 (E) Wastes from recycling, reclamation or
15 reuse processes designed to remove any contaminant
16 from wastes so as to render such wastes reusable,
17 provided that the process renders at least 50% of
18 the waste reusable;
19 (F) Non-hazardous solid waste that is received
20 at a sanitary landfill after January 1, 1987 and
21 recycled through a process permitted by the Agency.
22 (d) The Agency shall establish rules relating to the
23 collection of the fees authorized by this Section. Such
24 rules shall include, but not be limited to:
25 (1) necessary records identifying the quantities of
26 solid waste received or disposed;
27 (2) the form and submission of reports to accompany
28 the payment of fees to the Agency;
29 (3) the time and manner of payment of fees to the
30 Agency, which payments shall not be more often than
31 quarterly; and
32 (4) procedures setting forth criteria establishing
33 when an owner or operator may measure by weight or volume
34 during any given quarter or other fee payment period.
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1 (e) Pursuant to appropriation, all monies in the Solid
2 Waste Management Fund shall be used by the Agency and the
3 Department of Commerce and Community Affairs for the purposes
4 set forth in this Section and in the Illinois Solid Waste
5 Management Act, including for the costs of fee collection and
6 administration, and through June 30, 1989, by the University
7 of Illinois for research consistent with the Illinois Solid
8 Waste Management Act.
9 (f) The Agency is authorized to enter into such
10 agreements and to promulgate such rules as are necessary to
11 carry out its duties under this Section and the Illinois
12 Solid Waste Management Act.
13 (g) On the first day of January, April, July, and
14 October of each year, beginning on July 1, 1996, the State
15 Comptroller and Treasurer shall transfer $500,000 from the
16 Solid Waste Management Fund to the Hazardous Waste Fund.
17 Moneys transferred under this subsection (g) shall be used
18 only for the purposes set forth in item (1) of subsection (d)
19 of Section 22.2 of Commerce and Community Affairs of Commerce
20 and Community Affairs.
21 (h) The Agency is authorized to provide financial
22 assistance to units of local government for the performance
23 of inspecting, investigating and enforcement activities
24 pursuant to Section 4(r) at nonhazardous solid waste disposal
25 sites.
26 (i) The Agency is authorized to support the operations
27 of an industrial materials exchange service, and to conduct
28 household waste collection and disposal programs.
29 (j) A unit of local government, as defined in the Local
30 Solid Waste Disposal Act, in which a solid waste disposal
31 facility is located may establish a fee, tax, or surcharge
32 with regard to the permanent disposal of solid waste. All
33 fees, taxes, and surcharges collected under this subsection
34 shall, to be utilized for solid waste management purposes,
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1 including long-term monitoring and maintenance of landfills,
2 planning, implementation, inspection, enforcement and other
3 activities consistent with the Solid Waste Management Act and
4 the Local Solid Waste Disposal Act, or for any other
5 environment-related purpose, including but not limited to an
6 environment-related public works project, but not for the
7 construction of a new pollution control facility other than a
8 household hazardous waste facility. However, the total fee,
9 tax or surcharge imposed by all units of local government
10 under this subsection (j) upon the solid waste disposal
11 facility shall not exceed:
12 (1) 45¢ per cubic yard (60¢ per cubic yard
13 beginning January 1, 1992) if more than 150,000 cubic
14 yards of non-hazardous solid waste is permanently
15 disposed of at the site in a calendar year, unless the
16 owner or operator weighs the quantity of the solid waste
17 received with a device for which certification has been
18 obtained under the Weights and Measures Act, in which
19 case the fee shall not exceed 95¢ per ton ($1.27 per ton
20 beginning January 1, 1992) of solid waste permanently
21 disposed of.
22 (2) $25,000 ($33,350 beginning in 1992) if more
23 than 100,000 cubic yards, but not more than 150,000 cubic
24 yards, of non-hazardous waste is permanently disposed of
25 at the site in a calendar year.
26 (3) $11,300 ($15,500 beginning in 1992) if more
27 than 50,000 cubic yards, but not more than 100,000 cubic
28 yards, of non-hazardous solid waste is permanently
29 disposed of at the site in a calendar year.
30 (4) $3,450 ($4,650 beginning in 1992) if more than
31 10,000 cubic yards, but not more than 50,000 cubic yards,
32 of non-hazardous solid waste is permanently disposed of
33 at the site in a calendar year.
34 (5) $500 ($650 beginning in 1992) if not more than
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1 10,000 cubic yards of non-hazardous solid waste is
2 permanently disposed of at the site in a calendar year.
3 The corporate authorities of the unit of local government
4 may use proceeds from the fee, tax, or surcharge to reimburse
5 a highway commissioner whose road district lies wholly or
6 partially within the corporate limits of the unit of local
7 government for expenses incurred in the removal of
8 nonhazardous, nonfluid municipal waste that has been dumped
9 on public property in violation of a State law or local
10 ordinance.
11 A county or Municipal Joint Action Agency that imposes a
12 fee, tax, or surcharge under this subsection may use the
13 proceeds thereof to reimburse a municipality that lies wholly
14 or partially within its boundaries for expenses incurred in
15 the removal of nonhazardous, nonfluid municipal waste that
16 has been dumped on public property in violation of a State
17 law or local ordinance.
18 If the fees are to be used to conduct a local sanitary
19 landfill inspection or enforcement program, the unit of local
20 government must enter into a written delegation agreement
21 with the Agency pursuant to subsection (r) of Section 4. The
22 unit of local government and the Agency shall enter into such
23 a written delegation agreement within 60 days after the
24 establishment of such fees or August 23, 1988, whichever is
25 later. For the year commencing January 1, 1989, and at least
26 annually thereafter, the Agency shall conduct an audit of the
27 expenditures made by units of local government from the funds
28 granted by the Agency to the units of local government for
29 purposes of local sanitary landfill inspection and
30 enforcement programs, to ensure that the funds have been
31 expended for the prescribed purposes under the grant.
32 The fees, taxes or surcharges collected under this
33 subsection (j) shall be placed by the unit of local
34 government in a separate fund, and the interest received on
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1 the moneys in the fund shall be credited to the fund. The
2 monies in the fund may be accumulated over a period of years
3 to be expended in accordance with this subsection.
4 A unit of local government, as defined in the Local Solid
5 Waste Disposal Act, shall prepare and distribute to the
6 Agency, in April of each year, a report that details spending
7 plans for monies collected in accordance with this
8 subsection. The report will at a minimum include the
9 following:
10 (1) The total monies collected pursuant to this
11 subsection.
12 (2) The most current balance of monies collected
13 pursuant to this subsection.
14 (3) An itemized accounting of all monies expended
15 for the previous year pursuant to this subsection.
16 (4) An estimation of monies to be collected for the
17 following 3 years pursuant to this subsection.
18 (5) A narrative detailing the general direction and
19 scope of future expenditures for one, 2 and 3 years.
20 The exemptions granted under Sections 22.16 and 22.16a,
21 and under subsections (c) and (k) of this Section, shall be
22 applicable to any fee, tax or surcharge imposed under this
23 subsection (j); except that the fee, tax or surcharge
24 authorized to be imposed under this subsection (j) may be
25 made applicable by a unit of local government to the
26 permanent disposal of solid waste after December 31, 1986,
27 under any contract lawfully executed before June 1, 1986
28 under which more than 150,000 cubic yards (or 50,000 tons) of
29 solid waste is to be permanently disposed of, even though the
30 waste is exempt from the fee imposed by the State under
31 subsection (b) of this Section pursuant to an exemption
32 granted under Section 22.16.
33 (k) In accordance with the findings and purposes of the
34 Illinois Solid Waste Management Act, beginning January 1,
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1 1989 the fee under subsection (b) and the fee, tax or
2 surcharge under subsection (j) shall not apply to:
3 (1) Waste which is hazardous waste; or
4 (2) Waste which is pollution control waste; or
5 (3) Waste from recycling, reclamation or reuse
6 processes which have been approved by the Agency as being
7 designed to remove any contaminant from wastes so as to
8 render such wastes reusable, provided that the process
9 renders at least 50% of the waste reusable; or
10 (4) Non-hazardous solid waste that is received at a
11 sanitary landfill and composted or recycled through a
12 process permitted by the Agency; or
13 (5) Any landfill which is permitted by the Agency
14 to receive only demolition or construction debris or
15 landscape waste.
16 (Source: P.A. 88-474; 89-93, eff. 7-6-95; 89-443, eff.
17 7-1-96; 89-445, eff. 2-7-96; revised 3-19-96.)
18 (415 ILCS 5/22.38 new)
19 Sec. 22.38. Facilities accepting exclusively general
20 construction or demolition debris for transfer, storage, or
21 treatment.
22 (a) Facilities accepting exclusively general
23 construction or demolition debris for transfer, storage, or
24 treatment shall be subject to local zoning, ordinance, and
25 land use requirements. Those facilities shall be located in
26 accordance with local zoning requirements or, in the absence
27 of local zoning requirements, shall be located so that no
28 part of the facility boundary is closer than 1,320 feet from
29 the nearest property zoned for primarily residential use.
30 (b) An owner or operator of a facility accepting
31 exclusively general construction or demolition debris for
32 transfer, storage, or treatment shall:
33 (1) within 48 hours of receipt of the general
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1 construction or demolition debris at the facility, sort
2 the general construction or demolition debris to separate
3 the recyclable general construction or demolition debris
4 from non-recyclable general construction or demolition
5 debris to be disposed of or discarded;
6 (2) transport off site for disposal all
7 non-recyclable general construction or demolition debris
8 in accordance with all applicable federal, State, and
9 local requirements within 72 hours of its receipt at the
10 facility;
11 (3) limit the percentage of incoming non-recyclable
12 general construction or demolition debris to 25% or less
13 of the total incoming general construction or demolition
14 debris, as calculated on a daily basis;
15 (4) transport all non-putrescible recyclable
16 general construction or demolition debris for recycling
17 or disposal within 6 months of its receipt at the
18 facility;
19 (5) transport all putrescible or combustible
20 recyclable general construction or demolition debris for
21 recycling or disposal within 45 days of its receipt at
22 the facility;
23 (6) employ tagging and recordkeeping procedures to
24 (i) demonstrate compliance with this Section and (ii)
25 identify the source and transporter of material accepted
26 by the facility;
27 (7) control odor, noise, combustion of materials,
28 disease vectors, dust, and litter;
29 (8) control, manage, and dispose of any storm water
30 runoff and leachate generated at the facility in
31 accordance with applicable federal, State, and local
32 requirements;
33 (9) control access to the facility;
34 (10) comply with all applicable federal, State, or
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1 local requirements for the handling, storage,
2 transportation, or disposal of asbestos-containing
3 material or other material accepted at the facility that
4 is not general construction or demolition debris; and
5 (11) submit to the Agency at least 30 days prior to
6 the initial acceptance of general construction or
7 demolition debris at the facility, on forms provided by
8 the Agency, the following information:
9 (A) the name, address, and telephone number of
10 both the facility owner and operator;
11 (B) the street address and location of the
12 facility;
13 (C) a description of facility operations;
14 (D) a description of the tagging and
15 recordkeeping procedures the facility will employ to
16 (i) demonstrate compliance with this Section and
17 (ii) identify the source and transporter of any
18 material accepted by the facility;
19 (E) the name and location of the disposal site
20 to be used for the transportation and disposal of
21 non-recyclable materials accepted at the facility;
22 (F) the name and location of an individual,
23 facility, or business to which recyclable materials
24 will be transported; and
25 (G) other information as specified on the form
26 provided by the Agency.
27 When any of the information contained or processes
28 described in the initial notification form submitted to
29 the Agency changes, the owner and operator shall submit
30 an updated form within 14 days of the change.
31 (c) For purposes of this Section, the term "recyclable
32 general construction or demolition debris" means general
33 construction or demolition debris that has been rendered
34 reusable and is reused or that would otherwise be disposed of
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1 or discarded but is collected, separated, or processed and
2 returned to the economic mainstream in the form of raw
3 materials or products. "Recyclable general construction or
4 demolition debris" does not include general construction or
5 demolition debris processed for use as fuel, incinerated,
6 burned, buried, or otherwise used as fill material.
7 (d) For purposes of this Section, "treatment" means
8 processing designed to alter the physical nature of the
9 general construction or demolition debris, including but not
10 limited to size reduction, crushing, grinding, or
11 homogenization, but does not include processing designed to
12 change the chemical nature of the general construction or
13 demolition debris.
14 Section 10. The Illinois Vehicle Code is amended by
15 changing Sections 13B-15, 13B-25, and 13B-30 as follows:
16 (625 ILCS 5/13B-15)
17 Sec. 13B-15. Inspections.
18 (a) Beginning with the implementation of the program
19 required by this Chapter January 1, 1995, every motor vehicle
20 that is owned by a resident of an affected county, other than
21 a vehicle that is exempt under subsection (f) or (g), is
22 subject to inspection under the program.
23 The Agency shall send notice of the assigned inspection
24 month, at least 15 days before the beginning of the assigned
25 month, to the owner of each vehicle subject to the program.
26 For a vehicle that was subject to inspection before the
27 effective date of this amendatory Act of 1994 and for which
28 an initial inspection sticker or initial inspection
29 certificate has already been issued, the month to be assigned
30 by the Agency for that vehicle shall not be earlier than the
31 current assigned month, unless so requested by the owner. If
32 the assigned month is later than the current assigned month,
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1 the Agency shall issue either a corrected inspection sticker
2 or corrected certificate for that vehicle.
3 Initial emission inspection stickers or initial
4 inspection certificates, as the case may be, expire on the
5 last day of the third month following the month assigned by
6 the Agency for the first inspection of the vehicle. Renewal
7 inspection stickers or certificates expire on the last day of
8 the third month following the month assigned for inspection
9 in the year in which the vehicle's next inspection is
10 required.
11 The Agency or its agent may issue an interim emission
12 inspection sticker or certificate for any vehicle subject to
13 inspection that does not have a currently valid emission
14 inspection sticker or certificate at the time the Agency is
15 notified by the Secretary of State of its registration by a
16 new owner, and for which an initial emission inspection
17 sticker or certificate has already been issued. Interim
18 emission inspection stickers or certificates expire no later
19 than the last day of the sixth complete calendar month after
20 the date the Agency issued the interim emission inspection
21 sticker or certificate.
22 The owner of each vehicle subject to inspection shall
23 obtain an emission inspection sticker or certificate for the
24 vehicle in accordance with this subsection. Before the
25 expiration of the emission inspection sticker or certificate,
26 the owner shall have the vehicle inspected and, upon
27 demonstration of compliance, obtain a renewal emission
28 inspection sticker or certificate. A renewal emission
29 inspection sticker or certificate shall not be issued more
30 than 5 months before the expiration date of the previous
31 inspection sticker or certificate.
32 (b) Except as provided in subsection (c), vehicles shall
33 be inspected every 2 years on a schedule that begins either
34 in the second, fourth, or later calendar year after the
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1 vehicle model year. The beginning test schedule shall be set
2 by the Agency and shall be consistent with the State's
3 requirements for emission reductions as determined by the
4 applicable United States Environmental Protection Agency
5 vehicle emissions estimation model and applicable guidance
6 and rules.
7 (c) A vehicle may be inspected out of its 2-year
8 inspection schedule when a new owner acquires the vehicle and
9 it should have been, but was not, in compliance with this Act
10 when the vehicle was acquired by the new owner.
11 (d) The owner of a vehicle subject to inspection shall
12 have the vehicle inspected and obtain and display on the
13 vehicle or carry within the vehicle, in a manner specified by
14 the Agency, a valid unexpired emission inspection sticker or
15 certificate in the manner specified by the Agency.
16 Any person who violates this subsection (d) is guilty of
17 a petty offense, except that a third or subsequent violation
18 within one year of the first violation is a Class C
19 misdemeanor. The fine imposed for a violation of this
20 subsection shall be not less than $50 if the violation
21 occurred within 60 days following the date by which a new or
22 renewal emission inspection sticker or certificate was
23 required to be obtained for the vehicle, and not less than
24 $300 if the violation occurred more than 60 days after that
25 date.
26 (e) (1) For a $20 fee, to be paid into the Vehicle
27 Inspection Fund, the Agency shall inspect:
28 (A) Vehicles operated on federal installations
29 within an affected county, pursuant to Title 40, Section
30 51.356 of the Code of Federal Regulations.
31 (B) Federally owned vehicles operated in affected
32 counties.
33 (2) For a fee of $20, to be paid into the Vehicle
34 Inspection Fund, the Agency may inspect:
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1 (A) Vehicles registered in and subject to emission
2 inspections requirements of another state.
3 (B) Vehicles presented for inspection on a
4 voluntary basis.
5 Any fees collected under this subsection shall not offset
6 normally appropriated Motor Fuel Tax Funds.
7 (f) The following vehicles are not subject to
8 inspection:
9 (1) Vehicles not subject to registration under
10 Article IV of Chapter 3 of this Code, other than vehicles
11 owned by the federal government.
12 (2) Motorcycles, motor driven cycles, and motorized
13 pedalcycles.
14 (3) Farm vehicles and implements of husbandry.
15 (4) Implements of warfare owned by the State or
16 federal government.
17 (5) Antique vehicles and vehicles of model year
18 1967 or before.
19 (6) Vehicles operated exclusively for parade or
20 ceremonial purposes by any veterans, fraternal, or civic
21 organization, organized on a not-for-profit basis.
22 (7) Vehicles for which a Junking Certificate has
23 been issued by the Secretary of State under Section 3-117
24 of this Code.
25 (8) Diesel powered vehicles, and vehicles that are
26 powered exclusively by electricity.
27 (9) Vehicles operated exclusively in organized
28 amateur or professional sporting activities, as defined
29 in the Environmental Protection Act.
30 (10) Vehicles registered in, subject to, and in
31 compliance with the emission inspection requirements of
32 another state.
33 The Agency may issue temporary or permanent exemption
34 stickers or certificates for vehicles temporarily or
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1 permanently exempt from inspection under this subsection (f).
2 An exemption sticker or certificate does not need to be
3 displayed.
4 (g) According to criteria the Agency may adopt, a motor
5 vehicle may be exempted from the inspection requirements of
6 this Section by the Agency on the basis of an Agency
7 determination that the vehicle is located and primarily used
8 outside of the affected counties or in other jurisdictions
9 where vehicle emission inspections are not required. The
10 Agency may issue an annual exemption sticker or certificate
11 without inspection for any vehicle exempted from inspection
12 under this subsection.
13 (h) Any owner or lessee of a fleet of 15 or more motor
14 vehicles which are subject to inspection under this Section
15 may apply to the Agency for a permit to establish and operate
16 a Private Official Inspection Station.
17 (i) Pursuant to Title 40, Section 51.371 of the Code of
18 Federal Regulations, the Agency shall establish a program of
19 on-road testing of in-use vehicles through the use of remote
20 sensing devices. The Agency shall evaluate the emission
21 performance of 0.5% of the subject fleet or 20,000 vehicles,
22 whichever is less. Under no circumstances shall on-road
23 testing include any sort of roadblock or roadside pullover or
24 cause any type of traffic delay.
25 If, during the course of on-road inspections, a vehicle
26 is found to exceed the on-road emissions standards
27 established for the model year and type of vehicle, the
28 Agency shall send a notice to the vehicle owner. The notice
29 shall document the occurrence and results of on-road
30 exceedances. The notice of a second on-road exceedance shall
31 indicate that the vehicle has been reassigned and is subject
32 to an out-of-cycle follow-up inspection at an official
33 inspection station. In no case shall the Agency send a notice
34 of an on-road exceedance to the owner of a vehicle that was
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1 found to exceed the on-road emission standards established
2 for the model year and type of vehicle if the vehicle is
3 registered outside of the affected counties.
4 (Source: P.A. 88-533.)
5 (625 ILCS 5/13B-25)
6 Sec. 13B-25. Performance of inspections.
7 (a) The inspection of vehicles required under this
8 Chapter shall be performed only: (i) by inspectors who have
9 been certified by the Agency after successfully completing a
10 course of training and successfully passing a written test;
11 (ii) at official inspection stations or official on-road
12 inspection sites established under this Chapter; and (iii)
13 with equipment that has been approved by the Agency for these
14 inspections.
15 (b) Except as provided in subsections (c) and (d), the
16 inspection shall consist of (i) a loaded mode exhaust gas
17 analysis; (ii) an evaporative system integrity test; (iii) an
18 evaporative system purge test; (iv) an on-board computer
19 diagnostic system check; and (iv) (v) a verification that all
20 required emission-related recall repairs have been made under
21 Title 40, Section 51.370 of the Code of Federal Regulations,
22 and may also include an evaporative system purge test. The
23 owner of the vehicle or the owner's agent shall be entitled
24 to an emission inspection certificate issued by an inspector
25 only if all required tests are passed at the time of the
26 inspection.
27 (c) A steady-state idle exhaust gas analysis may be
28 substituted for the loaded mode exhaust gas analysis and the
29 evaporative purge system test in the following cases:
30 (1) On any vehicle of model year 1980 or older.
31 (2) On any heavy duty vehicle with a manufacturer
32 gross vehicle weight rating in excess of 8,500 pounds.
33 (3) On any vehicle for which loaded mode testing is
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1 not possible due to vehicle design or configuration.
2 (d) A steady-state idle gas analysis may also be
3 substituted for the new procedures specified in subsection
4 (b) in inspections conducted in calendar year 1995 on any
5 vehicle of model year 1990 or older.
6 (e) The exhaust gas analysis shall consist of a test of
7 an exhaust gas sample to determine whether the quantities of
8 exhaust gas pollutants emitted by the vehicle meet the
9 standards set for vehicles of that type under Section 13B-20.
10 A vehicle shall be deemed to have passed this portion of the
11 inspection if the evaluation of the exhaust gas sample
12 indicates that the quantities of exhaust gas pollutants
13 emitted by the vehicle do not exceed the standards set for
14 vehicles of that type under Section 13B-20 or an inspector
15 certifies that the vehicle qualifies for a waiver of the
16 exhaust gas pollutant standards under Section 13B-30.
17 (f) The evaporative system integrity test shall consist
18 of a procedure to determine if leaks exist in all or a
19 portion of the vehicle fuel evaporation emission control
20 system. A vehicle shall be deemed to have passed this test
21 if it meets the criteria that the Board may adopt for an
22 evaporative system integrity test no leaks are observed in
23 the system, as determined by comparison of observed pressure
24 decay with standards set for vehicles of that type and model
25 year.
26 (g) The evaporative system purge test shall consist of a
27 procedure to verify the purging of vapors stored in the
28 evaporative canister. A vehicle shall be deemed to have
29 passed this test if it meets the criteria that the Board may
30 adopt for an evaporative system purge test the purge flow
31 exceeds standards set for vehicles of that type and model
32 year as measured during the loaded mode exhaust gas test.
33 (h) The on-board computer diagnostic test shall consist
34 of accessing the vehicle's on-board computer system, if so
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1 equipped, and reading any stored diagnostic codes that may be
2 present. The vehicle shall be deemed to have passed this
3 test if the codes observed did not exceed standards set for
4 vehicles of that type under Section 13B-20.
5 (Source: P.A. 88-533.)
6 (625 ILCS 5/13B-30)
7 Sec. 13B-30. Waivers.
8 (a) The Agency shall certify that a vehicle that has
9 failed a vehicle emission retest qualifies for a waiver of
10 the emission inspection standards if the following criteria
11 are met:
12 (1) The vehicle has received all repairs and
13 adjustments for which it is eligible under any emission
14 performance warranty provided under Section 207 of the
15 federal Clean Air Act.
16 (2) The Agency determines by normal inspection
17 procedures that the vehicle's emission control devices
18 are present and appear to be properly connected and
19 operating.
20 (3) Consistent with Title 40, Section 51.360 of the
21 Code of Federal Regulations, for vehicles required to be
22 tested under this Chapter, a minimum expenditure of at
23 least $450 in emission-related repairs exclusive of
24 tampering-related repairs have been made.
25 (4) Repairs for vehicles of model year 1981 and
26 later are conducted by a recognized repair technician.
27 (5) Evidence of repair is presented consisting of
28 either signed and dated receipts identifying the vehicle
29 and describing the work performed and amount charged for
30 eligible emission-related repairs, or an affidavit
31 executed by the person performing the eligible emission
32 related repairs.
33 (6) The repairs have resulted in an improvement in
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1 vehicle emissions as determined by comparison of initial
2 and final retest results.
3 (b) The Agency may issue an emission inspection
4 certificate to vehicles failing a transient loaded mode
5 emission retest if a complete documented physical and
6 functional diagnosis and inspection shows that no additional
7 emission-related repairs are needed. This diagnostic
8 inspection must be performed by the Agency or its designated
9 agent and shall be available only to motorists whose vehicle
10 was repaired by a recognized repair technician.
11 (c) The Agency may extend the emission inspection
12 certificate expiration date by one year upon receipt of a
13 petition by the vehicle owner that needed repairs cannot be
14 made due to economic hardship. Consistent with Title 40,
15 Section 51.360 of the Code of Federal Regulations, this
16 extension may be granted more than shall be granted only once
17 during the life of the vehicle.
18 (d) The Agency shall propose procedures, practices, and
19 performance requirements for operation of vehicle scrappage
20 programs by any person that wants to receive credits for
21 certain emissions reductions from these vehicles. The
22 proposal shall include the method of vehicle selection,
23 testing of vehicle emissions, documentation of annual vehicle
24 miles traveled, determination of emissions, and determination
25 of emissions reductions credits. Any applicable guidance
26 available from the United States Environmental Protection
27 Agency regarding these programs shall also be considered by
28 the Agency. Within 180 days after the Agency files this
29 proposal, the Board shall adopt rules for vehicle scrappage
30 programs. Subsection (b) of Section 27 of the Environmental
31 Protection Act and the rulemaking provisions of the Illinois
32 Administrative Procedure Act shall not apply to rules adopted
33 by the Board under this subsection (d).
34 (e) The Agency may adopt procedures to purchase vehicles
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1 for scrap that are unable to meet emission inspection
2 standards and for which motorists provide a signed estimate
3 from a recognized repair technician that the cost of
4 emission-related repairs is expected to exceed an amount
5 equal to one-half of the current minimum expenditure required
6 in item (3) of subsection (a) of this Section. If the Agency
7 adopts such procedures, they must be included in the vehicle
8 scrappage programs in subsection (d). Such procedures shall
9 require the Agency to arrange for private sector funding for
10 the purchase of at least 90% of the vehicles which will be
11 purchased for scrap.
12 (f) The Agency may issue an emission inspection
13 certificate for vehicles subject to inspection under this
14 Chapter that are located and primarily used in an area
15 subject to the vehicle emission inspection requirements of
16 another state. Emission inspection certificates shall be
17 issued under this subsection only upon receipt by the Agency
18 of evidence that the vehicle has been inspected and is in
19 compliance with the emission inspection requirements and
20 standards applicable in the state or local jurisdiction where
21 the vehicle is being used.
22 (Source: P.A. 88-533.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.