State of Illinois
90th General Assembly
Legislation

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[ House Amendment 001 ][ Conference Committee Report 002 ]

90_HB1887sam001

                                             LRB9003896DPcwam
 1                    AMENDMENT TO HOUSE BILL 1887
 2        AMENDMENT NO.     .  Amend House Bill 1887  by  replacing
 3    the title with the following:
 4        "AN  ACT  to  amend  the  Environmental Protection Act by
 5    changing Sections 3.32, 3.78,  and  21  and  adding  Sections
 6    3.78a and 22.38."; and
 7    by  replacing  everything  after the enacting clause with the
 8    following:
 9        "Section 5.  The Environmental Protection Act is  amended
10    by  changing  Sections 3.32, 3.78, and 21 and adding Sections
11    3.78a and 22.38 as follows:
12        (415 ILCS 5/3.32) (from Ch. 111 1/2, par. 1003.32)
13        Sec. 3.32. Pollution control facility.
14        (a) "Pollution control facility"  is  any  waste  storage
15    site,  sanitary landfill, waste disposal site, waste transfer
16    station, waste treatment facility, or waste incinerator. This
17    includes sewers,  sewage  treatment  plants,  and  any  other
18    facilities  owned or operated by sanitary districts organized
19    under the Metropolitan Water Reclamation District Act.
20        The following are not pollution control facilities:
21             (1)  (Blank);
                            -2-              LRB9003896DPcwam
 1             (2)  waste storage sites  regulated  under  40  CFR,
 2        Part 761.42;
 3             (3)  sites   or   facilities   used  by  any  person
 4        conducting  a  waste  storage,  waste  treatment,   waste
 5        disposal, waste transfer or waste incineration operation,
 6        or  a  combination  thereof, for wastes generated by such
 7        person's own activities, when  such  wastes  are  stored,
 8        treated,  disposed  of, transferred or incinerated within
 9        the site or facility owned,  controlled  or  operated  by
10        such  person,  or when such wastes are transported within
11        or between  sites  or  facilities  owned,  controlled  or
12        operated by such person;
13             (4)  sites  or  facilities  at  which  the  State is
14        performing removal or remedial action pursuant to Section
15        22.2 or 55.3;
16             (5)  abandoned quarries used solely for the disposal
17        of concrete, earth materials, gravel, or aggregate debris
18        resulting from road construction activities conducted  by
19        a  unit  of  government or construction activities due to
20        the construction and installation of  underground  pipes,
21        lines,  conduit  or wires off of the premises of a public
22        utility company which are conducted by a public utility;
23             (6)  sites or  facilities  used  by  any  person  to
24        specifically conduct a landscape composting operation;
25             (7)  regional  facilities  as defined in the Central
26        Midwest Interstate Low-Level Radioactive Waste Compact;
27             (8)  the portion of a site or  facility  where  coal
28        combustion wastes are stored or disposed of in accordance
29        with subdivision (r)(2) or (r)(3) of Section 21;
30             (9)  the  portion of a site or facility used for the
31        collection, storage  or  processing  of  waste  tires  as
32        defined in Title XIV;
33             (10)  the  portion  of  a  site or facility used for
34        treatment  of   petroleum   contaminated   materials   by
                            -3-              LRB9003896DPcwam
 1        application  onto  or incorporation into the soil surface
 2        and any portion of that site or facility used for storage
 3        of petroleum  contaminated  materials  before  treatment.
 4        Only  those  categories  of petroleum listed in paragraph
 5        (5) of subsection (a) of Section 22.18b are exempt  under
 6        this subdivision (10);
 7             (11)  the  portion  of a site or facility where used
 8        oil is  collected  or  stored  prior  to  shipment  to  a
 9        recycling  or energy recovery facility, provided that the
10        used  oil  is  generated  by  households  or   commercial
11        establishments,  and  the site or facility is a recycling
12        center or a business where oil or  gasoline  is  sold  at
13        retail;
14             (12)  the  portion  of  a site or facility utilizing
15        coal combustion waste for stabilization and treatment  of
16        only  waste  generated on that site or facility when used
17        in connection  with  response  actions  pursuant  to  the
18        federal     Comprehensive     Environmental     Response,
19        Compensation,  and  Liability  Act  of  1980, the federal
20        Resource Conservation and Recovery Act of  1976,  or  the
21        Illinois Environmental Protection Act or as authorized by
22        the Agency;.
23             (13)  the  portion  of  a site or facility accepting
24        exclusively general construction  or  demolition  debris,
25        located  in  a county with a population over 700,000, and
26        operated and located in accordance with Section 22.38  of
27        this Act.
28        (b)  A new pollution control facility is:
29             (1)  a    pollution   control   facility   initially
30        permitted for development or construction after  July  1,
31        1981; or
32             (2)  the  area of expansion beyond the boundary of a
33        currently permitted pollution control facility; or
34             (3)  a   permitted   pollution    control   facility
                            -4-              LRB9003896DPcwam
 1        requesting approval to store,  dispose  of,  transfer  or
 2        incinerate,  for the first time, any special or hazardous
 3        waste.
 4    (Source: P.A.  88-45;  88-681,  eff.  12-22-94;  89-93,  eff.
 5    7-6-95.)
 6        (415 ILCS 5/3.78) (from Ch. 111 1/2, par. 1003.78)
 7        Sec. 3.78.  "General  Clean  construction  or  demolition
 8    debris"   means   non-hazardous,   uncontaminated   materials
 9    resulting  from  the  construction,  remodeling,  repair, and
10    demolition of utilities, structures, and  roads,  limited  to
11    the   following:      bricks,  concrete,  and  other  masonry
12    materials; soil; rock; wood, including non-hazardous painted,
13    treated, and coated wood and wood products;  wall  coverings;
14    plaster; drywall; plumbing fixtures; non-asbestos insulation;
15    roofing  shingles and other roof coverings; reclaimed asphalt
16    pavement; glass; plastics that are not  sealed  in  a  manner
17    that   conceals   waste;  electrical  wiring  and  components
18    containing no hazardous  substances;  and  piping  or  metals
19    incidental  to any of those materials broken concrete without
20    protruding metal bars, bricks, rock, stone, reclaimed asphalt
21    pavement  or  uncontaminated  dirt  or  sand  generated  from
22    construction or demolition activities.
23    (Source: P.A. 86-633; 86-1028; 87-1171.)
24        (415 ILCS 5/3.78a new)
25        Sec. 3.78a.  "Clean construction  or  demolition  debris"
26    means uncontaminated broken concrete without protruding metal
27    bars,  bricks,  rock,  stone,  reclaimed asphalt pavement, or
28    dirt  or  sand  generated  from  construction  or  demolition
29    activities.  To the extent  allowed  by  federal  law,  clean
30    construction  or  demolition  debris  shall not be considered
31    "waste" when (i) used as fill material below grade outside of
32    a setback zone if covered by sufficient  uncontaminated  soil
                            -5-              LRB9003896DPcwam
 1    to  support  vegetation  within  30 days of the completion of
 2    filling or if covered by a road or structure, (ii)  separated
 3    or  processed  and returned to the economic mainstream in the
 4    form of  raw  materials  or  products,  provided  it  is  not
 5    speculatively  accumulated,  or  (iii) solely broken concrete
 6    without protruding metal bars is used for erosion control.
 7        (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
 8        Sec. 21.  No person shall:
 9        (a)  Cause or allow the open dumping of any waste.
10        (b)  Abandon, dump, or deposit any waste upon the  public
11    highways  or  other  public  property,  except  in a sanitary
12    landfill approved  by  the  Agency  pursuant  to  regulations
13    adopted by the Board.
14        (c)  Abandon  any  vehicle in violation of the "Abandoned
15    Vehicles Amendment to the Illinois Vehicle Code", as  enacted
16    by the 76th General Assembly.
17        (d)  Conduct   any   waste-storage,  waste-treatment,  or
18    waste-disposal operation:
19             (1)  without a permit granted by the  Agency  or  in
20        violation  of  any  conditions  imposed  by  such permit,
21        including periodic reports and full  access  to  adequate
22        records  and  the  inspection  of  facilities,  as may be
23        necessary to assure compliance with  this  Act  and  with
24        regulations  and  standards adopted thereunder; provided,
25        however, that, except for municipal solid waste  landfill
26        units  that receive waste on or after October 9, 1993, no
27        permit shall be required for (i) any person conducting  a
28        waste-storage,    waste-treatment,    or   waste-disposal
29        operation for  wastes  generated  by  such  person's  own
30        activities  which are stored, treated, or disposed within
31        the site where such  wastes  are  generated,  or  (ii)  a
32        facility  located  in  a  county  with  a population over
33        700,000, operated and located in accordance with  Section
                            -6-              LRB9003896DPcwam
 1        22.38 of this Act, and used exclusively for the transfer,
 2        storage,   or   treatment   of  general  construction  or
 3        demolition debris; for a corporation organized under  the
 4        General Not For Profit Corporation Act of 1986, as now or
 5        hereafter  amended,  or a predecessor Act, constructing a
 6        land form in conformance with  local  zoning  provisions,
 7        within  a  municipality  having a population of more than
 8        1,000,000  inhabitants,  with   clean   construction   or
 9        demolition  debris  generated  within  the  municipality,
10        provided  that the corporation has contracts for economic
11        development planning with the municipality; or
12             (2)  in violation of any  regulations  or  standards
13        adopted by the Board under this Act; or
14             (3)  which  receives  waste  after  August 31, 1988,
15        does not have a permit issued by the Agency, and is (i) a
16        landfill used  exclusively  for  the  disposal  of  waste
17        generated   at  the  site,  (ii)  a  surface  impoundment
18        receiving special waste not listed in  an  NPDES  permit,
19        (iii)  a waste pile in which the total volume of waste is
20        greater than 100 cubic yards or the waste is  stored  for
21        over   one  year,  or  (iv)  a  land  treatment  facility
22        receiving special waste generated at  the  site;  without
23        giving  notice  of the operation to the Agency by January
24        1, 1989, or 30 days after the date on which the operation
25        commences,  whichever  is  later,  and  every   3   years
26        thereafter.   The  form  for  such  notification shall be
27        specified  by  the  Agency,  and  shall  be  limited   to
28        information  regarding:  the  name  and  address  of  the
29        location  of  the  operation;  the type of operation; the
30        types and amounts of waste stored, treated or disposed of
31        on  an  annual  basis;  the  remaining  capacity  of  the
32        operation;  and  the  remaining  expected  life  of   the
33        operation.
34        Item Paragraph (3) of this subsection (d) shall not apply
                            -7-              LRB9003896DPcwam
 1    to  any  person  engaged  in  agricultural  activity  who  is
 2    disposing of a substance that constitutes solid waste, if the
 3    substance  was  acquired  for  use  by that person on his own
 4    property, and  the  substance  is  disposed  of  on  his  own
 5    property  in accordance with regulations or standards adopted
 6    by the Board.
 7        This subsection (d) shall not apply to hazardous waste.
 8        (e)  Dispose, treat,  store  or  abandon  any  waste,  or
 9    transport  any waste into this State for disposal, treatment,
10    storage or abandonment, except at a site  or  facility  which
11    meets  the  requirements  of  this Act and of regulations and
12    standards thereunder.
13        (f)  Conduct  any  hazardous   waste-storage,   hazardous
14    waste-treatment or hazardous waste-disposal operation:
15             (1)  without  a  RCRA  permit for the site issued by
16        the Agency under subsection (d) of  Section  39  of  this
17        Act,  or  in  violation  of any condition imposed by such
18        permit, including periodic reports  and  full  access  to
19        adequate records and the inspection of facilities, as may
20        be  necessary to assure compliance with this Act and with
21        regulations and standards adopted thereunder; or
22             (2)  in violation of any  regulations  or  standards
23        adopted by the Board under this Act; or
24             (3)  in   violation   of   any  RCRA  permit  filing
25        requirement established under standards  adopted  by  the
26        Board under this Act; or
27             (4)  in  violation of any order adopted by the Board
28        under this Act.
29        Notwithstanding  the  above,  no  RCRA  permit  shall  be
30    required under this subsection or subsection (d)  of  Section
31    39  of  this  Act  for  any  person  engaged in  agricultural
32    activity who is disposing  of  a  substance  which  has  been
33    identified   as   a  hazardous  waste,  and  which  has  been
34    designated by Board regulations  as  being  subject  to  this
                            -8-              LRB9003896DPcwam
 1    exception,  if  the  substance  was  acquired for use by that
 2    person on his own property and the substance is  disposed  of
 3    on  his  own  property  in  accordance  with  regulations  or
 4    standards adopted by the Board.
 5        (g)  Conduct     any    hazardous    waste-transportation
 6    operation:
 7             (1)  without a permit issued 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 or standards adopted thereunder; or
13             (2)  in  violation  of  any regulations or standards
14        adopted by the Board under this Act.
15        (h)  Conduct any hazardous waste-recycling  or  hazardous
16    waste-reclamation   or  hazardous  waste-reuse  operation  in
17    violation   of   any   regulations,   standards   or   permit
18    requirements adopted by the Board under this Act.
19        (i)  Conduct any process  or  engage  in  any  act  which
20    produces  hazardous  waste in violation of any regulations or
21    standards adopted by the Board under subsections (a) and  (c)
22    of Section 22.4 of this Act.
23        (j)  Conduct  any  special waste transportation operation
24    in  violation  of  any  regulations,  standards   or   permit
25    requirements  adopted  by the Board under this Act.  However,
26    sludge from a water  or  sewage  treatment  plant  owned  and
27    operated  by  a unit of local government which (1) is subject
28    to a sludge management plan  approved  by  the  Agency  or  a
29    permit  granted  by  the  Agency, and (2) has been tested and
30    determined not  to  be  a  hazardous  waste  as  required  by
31    applicable  State  and  federal  laws and regulations, may be
32    transported in this State without  a  special  waste  hauling
33    permit,  and the preparation and carrying of a manifest shall
34    not be required for  such  sludge  under  the  rules  of  the
                            -9-              LRB9003896DPcwam
 1    Pollution  Control  Board. The unit of local government which
 2    operates the treatment plant producing such sludge shall file
 3    a semiannual report with the Agency identifying the volume of
 4    such sludge transported  during  the  reporting  period,  the
 5    hauler  of the sludge, and the disposal sites to which it was
 6    transported. This subsection (j) shall not apply to hazardous
 7    waste.
 8        (k)  Fail or refuse to pay any  fee  imposed  under  this
 9    Act.
10        (l)  Locate  a  hazardous  waste  disposal  site above an
11    active or inactive shaft or tunneled mine or within  2  miles
12    of  an  active  fault  in  the earth's crust.  In counties of
13    population less than 225,000 no hazardous waste disposal site
14    shall be located (1) within 1  1/2  miles  of  the  corporate
15    limits  as  defined  on  June  30,  1978, of any municipality
16    without  the  approval  of  the   governing   body   of   the
17    municipality  in  an official action; or (2) within 1000 feet
18    of an existing private well  or  the  existing  source  of  a
19    public  water supply measured from the boundary of the actual
20    active permitted site and excluding existing private wells on
21    the property of the permit applicant. The provisions of  this
22    subsection do not apply to publicly-owned sewage works or the
23    disposal  or utilization of sludge from publicly-owned sewage
24    works.
25        (m)  Transfer interest in any land which has been used as
26    a hazardous waste disposal site without written  notification
27    to  the  Agency  of the transfer and to the transferee of the
28    conditions  imposed  by  the  Agency  upon  its   use   under
29    subsection (g) of Section 39.
30        (n)  Use  any  land  which  has  been used as a hazardous
31    waste disposal site  except  in  compliance  with  conditions
32    imposed by the Agency under subsection (g) of Section 39.
33        (o)  Conduct  a  sanitary  landfill  operation  which  is
34    required  to  have  a  permit  under  subsection  (d) of this
                            -10-             LRB9003896DPcwam
 1    Section, in a manner which results in any  of  the  following
 2    conditions:
 3             (1)  refuse in standing or flowing waters;
 4             (2)  leachate flows entering waters of the State;
 5             (3)  leachate  flows  exiting  the landfill confines
 6        (as determined by  the  boundaries  established  for  the
 7        landfill by a permit issued by the Agency);
 8             (4)  open  burning of refuse in violation of Section
 9        9 of this Act;
10             (5)  uncovered refuse remaining  from  any  previous
11        operating  day or at the conclusion of any operating day,
12        unless authorized by permit;
13             (6)  failure to  provide  final  cover  within  time
14        limits established by Board regulations;
15             (7)  acceptance of wastes without necessary permits;
16             (8)  scavenging as defined by Board regulations;
17             (9)  deposition of refuse in any unpermitted portion
18        of the landfill;
19             (10)  acceptance   of  a  special  waste  without  a
20        required manifest;
21             (11)  failure to submit reports required by  permits
22        or Board regulations;
23             (12)  failure to collect and contain litter from the
24        site by the end of each operating day;
25             (13)  failure  to  submit  any cost estimate for the
26        site or any performance bond or other  security  for  the
27        site as required by this Act or Board rules.
28        The  prohibitions  specified in this subsection (o) shall
29    be  enforceable  by  the  Agency  either  by   administrative
30    citation  under  Section  31.1  of  this  Act or as otherwise
31    provided by this Act.   The  specific  prohibitions  in  this
32    subsection  do  not limit the power of the Board to establish
33    regulations or standards applicable to sanitary landfills.
34        (p)  In violation of subdivision  (a)  of  this  Section,
                            -11-             LRB9003896DPcwam
 1    cause  or  allow  the  open  dumping of any waste in a manner
 2    which results in any of the following occurrences at the dump
 3    site:
 4             (1)  litter;
 5             (2)  scavenging;
 6             (3)  open burning;
 7             (4)  deposition of  waste  in  standing  or  flowing
 8        waters;
 9             (5)  proliferation of disease vectors;
10             (6)  standing  or  flowing liquid discharge from the
11        dump site.
12        The prohibitions specified in this subsection  (p)  shall
13    be   enforceable  by  the  Agency  either  by  administrative
14    citation under Section 31.1  of  this  Act  or  as  otherwise
15    provided  by  this  Act.   The  specific prohibitions in this
16    subsection do not limit the power of the Board  to  establish
17    regulations or standards applicable to open dumping.
18        (q)  Conduct   a  landscape  waste  composting  operation
19    without an Agency permit, provided, however, that  no  permit
20    shall be required for any person:
21             (1)  conducting   a   landscape   waste   composting
22        operation for landscape wastes generated by such person's
23        own  activities  which are stored, treated or disposed of
24        within the site where such wastes are generated; or
25             (2)  applying landscape waste or composted landscape
26        waste at agronomic rates; or
27             (3)  operating a landscape waste composting facility
28        on a farm, if the facility meets  all  of  the  following
29        criteria:
30                  (A)  the composting facility is operated by the
31             farmer  on property on which the composting material
32             is utilized, and the composting facility constitutes
33             no more than 2% of  the  property's  total  acreage,
34             except that the Agency may allow a higher percentage
                            -12-             LRB9003896DPcwam
 1             for individual sites where the owner or operator has
 2             demonstrated  to  the  Agency  that  the site's soil
 3             characteristics or crop needs require a higher rate;
 4                  (B)  the  property  on  which  the   composting
 5             facility  is located, and any associated property on
 6             which  the  compost  is  used,  is  principally  and
 7             diligently devoted to the production of agricultural
 8             crops  and  is  not  owned,  leased   or   otherwise
 9             controlled  by  any  waste  hauler  or  generator of
10             nonagricultural compost materials, and the  operator
11             of  the  composting  facility  is  not  an employee,
12             partner, shareholder, or in any way  connected  with
13             or controlled by any such waste hauler or generator;
14                  (C)  all  compost  generated  by the composting
15             facility is applied at agronomic rates and  used  as
16             mulch,   fertilizer  or  soil  conditioner  on  land
17             actually  farmed  by  the   person   operating   the
18             composting facility, and the finished compost is not
19             stored  at  the  composting site for a period longer
20             than 18 months prior to its  application  as  mulch,
21             fertilizer, or soil conditioner;
22                  (D)  the  owner or operator, by January 1, 1990
23             (or  the  January  1   following   commencement   of
24             operation, whichever is later) and January 1 of each
25             year  thereafter,  (i)  registers  the site with the
26             Agency, (ii) reports to the Agency on the volume  of
27             composting  material  received and used at the site,
28             (iii) certifies to the Agency that the site complies
29             with the requirements  set  forth  in  subparagraphs
30             (A),  (B) and (C) of this paragraph (q)(3), and (iv)
31             certifies to the Agency that all composting material
32             was placed more  than  200  feet  from  the  nearest
33             potable  water  supply  well, was placed outside the
34             boundary of the 10-year floodplain or on a  part  of
                            -13-             LRB9003896DPcwam
 1             the  site  that is floodproofed, was placed at least
 2             1/4 mile from the nearest residence  (other  than  a
 3             residence  located  on  the  same  property  as  the
 4             facility)  and  there  are not more than 10 occupied
 5             non-farm  residences  within   1/2   mile   of   the
 6             boundaries  of  the site on the date of application,
 7             and was placed more than  5  feet  above  the  water
 8             table.
 9        For  the  purposes  of  this  subsection  (q), "agronomic
10    rates" means the application of not more  than  20  tons  per
11    acre per year, except that the Agency may allow a higher rate
12    for   individual  sites  where  the  owner  or  operator  has
13    demonstrated   to   the   Agency   that   the   site's   soil
14    characteristics or crop needs require a higher rate.
15        (r)  Cause or allow  the  storage  or  disposal  of  coal
16    combustion waste unless:
17             (1)  such  waste  is stored or disposed of at a site
18        or facility for which a permit has been  obtained  or  is
19        not  otherwise  required  under  subsection  (d)  of this
20        Section; or
21             (2)  such waste is stored or disposed of as  a  part
22        of the design and reclamation of a site or facility which
23        is   an  abandoned  mine  site  in  accordance  with  the
24        Abandoned Mined Lands and Water Reclamation Act; or
25             (3)  such waste is stored or disposed of at  a  site
26        or facility which is operating under NPDES and Subtitle D
27        permits  issued  by  the  Agency  pursuant to regulations
28        adopted by the Board for mine-related water pollution and
29        permits issued pursuant to  the  Federal  Surface  Mining
30        Control  and  Reclamation Act of 1977 (P.L. 95-87) or the
31        rules and regulations thereunder or any law  or  rule  or
32        regulation  adopted  by  the  State  of Illinois pursuant
33        thereto, and the owner or operator of the facility agrees
34        to accept the waste; and either
                            -14-             LRB9003896DPcwam
 1                  (i)  such waste is stored  or  disposed  of  in
 2             accordance  with  requirements  applicable to refuse
 3             disposal under regulations adopted by the Board  for
 4             mine-related  water  pollution and pursuant to NPDES
 5             and Subtitle D permits issued by  the  Agency  under
 6             such regulations; or
 7                  (ii)  the  owner  or  operator  of the facility
 8             demonstrates all of the following to the Agency, and
 9             the facility is  operated  in  accordance  with  the
10             demonstration  as  approved  by  the Agency: (1) the
11             disposal area will be covered in a manner that  will
12             support continuous vegetation, (2) the facility will
13             be adequately protected from wind and water erosion,
14             (3)  the  pH  will  be  maintained  so as to prevent
15             excessive leaching of metal ions, and  (4)  adequate
16             containment  or  other  measures will be provided to
17             protect   surface   water   and   groundwater   from
18             contamination at levels prohibited by this Act,  the
19             Illinois  Groundwater Protection Act, or regulations
20             adopted pursuant thereto.
21        Notwithstanding any other provision of  this  Title,  the
22    disposal of coal combustion waste pursuant to item (2) or (3)
23    of  this  subdivision  (r)  shall  be  exempt  from the other
24    provisions  of  this  Title  V,   and   notwithstanding   the
25    provisions  of  Title X of this Act, the Agency is authorized
26    to grant experimental permits which include provision for the
27    disposal of wastes from the  combustion  of  coal  and  other
28    materials  pursuant  to items (2) and (3) of this subdivision
29    (r).
30        (s)  After  April  1,  1989,  offer  for  transportation,
31    transport, deliver, receive or accept special waste for which
32    a manifest is required, unless the  manifest  indicates  that
33    the  fee  required  under  Section  22.8 of this Act has been
34    paid.
                            -15-             LRB9003896DPcwam
 1        (t)  Cause or allow a lateral expansion  of  a  municipal
 2    solid  waste  landfill  unit  on  or  after  October 9, 1993,
 3    without a permit modification, granted by  the  Agency,  that
 4    authorizes the lateral expansion.
 5        (u)  Conduct any vegetable by-product treatment, storage,
 6    disposal  or  transportation  operation  in  violation of any
 7    regulation, standards or permit requirements adopted  by  the
 8    Board  under  this  Act. However, no permit shall be required
 9    under this Title V for  the  land  application  of  vegetable
10    by-products  conducted pursuant to Agency permit issued under
11    Title III of this Act  to  the  generator  of  the  vegetable
12    by-products.   In  addition,  vegetable  by-products  may  be
13    transported in this State without  a  special  waste  hauling
14    permit,  and  without  the  preparation  and  carrying  of  a
15    manifest.
16    (Source:  P.A.  88-454;  88-496; 88-670, eff. 12-2-94; 89-93,
17    eff. 7-6-95; 89-535, eff. 7-19-96.)
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
                            -16-             LRB9003896DPcwam
 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 7 days 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 30 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 and post a sign
34        at the main entrance that states the permit number of any
                            -17-             LRB9003896DPcwam
 1        permit issued to the facility by the Agency,  the  nature
 2        of   the   facility's   operations,   the   penalty   for
 3        unauthorized  trespass  or dumping, if any, and the name,
 4        address, and telephone number of  the  person  or  entity
 5        operating the facility;
 6             (10)  comply  with all applicable federal, State, or
 7        local   requirements   for   the    handling,    storage,
 8        transportation,   or   disposal   of  asbestos-containing
 9        material or other material accepted at the facility  that
10        is not general construction or demolition debris; and
11             (11)  submit to the Agency at least 30 days prior to
12        the   initial   acceptance  of  general  construction  or
13        demolition debris at the facility, on forms  provided  by
14        the Agency, the following information:
15                  (A)  the name, address, and telephone number of
16             both the facility owner and operator;
17                  (B)  the  street  address  and  location of the
18             facility;
19                  (C)  a description of facility operations;
20                  (D)  a   description   of   the   tagging   and
21             recordkeeping procedures the facility will employ to
22             (i) demonstrate compliance  with  this  Section  and
23             (ii)  identify  the  source  and  transporter of any
24             material accepted by the facility;
25                  (E)  the name and location of the disposal site
26             to be used for the transportation  and  disposal  of
27             non-recyclable materials accepted at the facility;
28                  (F)  the  name  and  location of an individual,
29             facility, or business to which recyclable  materials
30             will be transported; and
31                  (G)  other information as specified on the form
32             provided by the Agency.
33             When  any  of the information contained or processes
34        described in the initial notification form  submitted  to
                            -18-             LRB9003896DPcwam
 1        the  Agency  changes, the owner and operator shall submit
 2        an updated form within 14 days of the change.
 3        (c)  For purposes of this Section, the  term  "recyclable
 4    general  construction  or  demolition  debris"  means general
 5    construction or demolition  debris  that  has  been  rendered
 6    reusable and is reused or that would otherwise be disposed of
 7    or  discarded  but  is collected, separated, or processed and
 8    returned to the  economic  mainstream  in  the  form  of  raw
 9    materials  or  products.  "Recyclable general construction or
10    demolition debris" does not include general  construction  or
11    demolition  debris  processed  for  use as fuel, incinerated,
12    burned, buried, or otherwise used as fill material.
13        (d)  For purposes  of  this  Section,  "treatment"  means
14    processing  designed  to  alter  the  physical  nature of the
15    general construction or demolition debris, including but  not
16    limited   to   size   reduction,   crushing,   grinding,   or
17    homogenization,  but  does not include processing designed to
18    change the chemical nature of  the  general  construction  or
19    demolition debris.
20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.".

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