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90_HB2584 415 ILCS 5/22.14 from Ch. 111 1/2, par. 1022.14 Amends the Environmental Protection Act. Adds a caption to a Section concerning garbage transfer stations. LRB9009289LDmb LRB9009289LDmb 1 AN ACT to amend the Environmental Protection Act by 2 changing Section 22.14. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Environmental Protection Act is amended 6 by changing Section 22.14 as follows: 7 (415 ILCS 5/22.14) (from Ch. 111 1/2, par. 1022.14) 8 Sec. 22.14. Garbage transfer station. 9 (a) No person may establish any pollution control 10 facility for use as a garbage transfer station, which is 11 located less than 1000 feet from the nearest property zoned 12 for primarily residential uses or within 1000 feet of any 13 dwelling, except in counties of at least 3,000,000 14 inhabitants. In counties of at least 3,000,000 inhabitants, 15 no person may establish any pollution control facility for 16 use as a garbage transfer station which is located less than 17 1000 feet from the nearest property zoned for primarily 18 residential uses, provided, however, a station which is 19 located in an industrial area of 10 or more contiguous acres 20 may be located within 1000 feet but no closer than 800 feet 21 from the nearest property zoned for primarily residential 22 uses. However, in a county with over 300,000 and less than 23 350,000 inhabitants, a station used for the transfer or 24 separation of waste for recycling or disposal in a sanitary 25 landfill that is located in an industrial area of 10 or more 26 acres may be located within 1000 feet but no closer than 800 27 feet from the nearest property zoned for primarily 28 residential uses. 29 (b) This Section does not prohibit (i) any such facility 30 which is in existence on January 1, 1988, nor (ii) any 31 facility in existence on January 1, 1988, as expanded before -2- LRB9009289LDmb 1 January 1, 1990, to include processing and transferring of 2 municipal wastes for both recycling and disposal purposes, 3 nor (iii) any such facility which becomes nonconforming due 4 to a change in zoning or the establishment of a dwelling 5 which occurs after the establishment of the facility, nor 6 (iv) any facility established by a municipality with a 7 population in excess of 1,000,000, nor (v) any transfer 8 facility operating on January 1, 1988. No facility described 9 in item (ii) shall, after July 14, 1995, accept landscape 10 waste and other municipal waste in the same vehicle load. 11 However, the use of an existing pollution control facility as 12 a garbage transfer station shall be deemed to be the 13 establishment of a new facility, and shall be subject to 14 subsection (a), if such facility had not been used as a 15 garbage transfer station within one year prior to January 1, 16 1988. 17 (Source: P.A. 88-681, eff. 12-22-94; 89-143, eff. 7-14-95; 18 89-336, eff. 8-17-95; 89-626, eff. 8-9-96.)