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| [ Senate Amendment 002 ] |
90_HB3257sam001
LRB9010484LDmbam01
1 AMENDMENT TO HOUSE BILL 3257
2 AMENDMENT NO. . Amend House Bill 3257 by replacing
3 the title with the following:
4 "AN ACT concerning environmental protection, amending
5 named Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 10. The Environmental Protection Act is amended
9 by changing Sections 3.78, 3.78a, and 21 as follows:
10 (415 ILCS 5/3.78) (from Ch. 111 1/2, par. 1003.78)
11 Sec. 3.78. "General construction or demolition debris"
12 means non-hazardous, uncontaminated materials resulting from
13 the construction, remodeling, repair, and demolition of
14 utilities, structures, and roads, limited to the following:
15 bricks, concrete, and other masonry materials; soil; rock;
16 wood, including non-hazardous painted, treated, and coated
17 wood and wood products; wall coverings; plaster; drywall;
18 plumbing fixtures; non-asbestos insulation; roofing shingles
19 and other roof coverings; reclaimed asphalt pavement; glass;
20 plastics that are not sealed in a manner that conceals waste;
21 electrical wiring and components containing no hazardous
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1 substances; and piping or metals incidental to any of those
2 materials.
3 General construction or demolition debris does not
4 include uncontaminated soil generated during construction,
5 remodeling, repair, and demolition of utilities, structures,
6 and roads provided the uncontaminated soil is not commingled
7 with any general construction or demolition debris or other
8 waste.
9 (Source: P.A. 90-475, eff. 8-17-97.)
10 (415 ILCS 5/3.78a)
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 soil dirt or sand generated from construction or demolition
15 activities. Clean construction or demolition debris does not
16 include uncontaminated soil generated during construction,
17 remodeling, repair, and demolition of utilities, structures,
18 and roads provided the uncontaminated soil is not commingled
19 with any clean construction or demolition debris or other
20 waste. To the extent allowed by federal law, clean
21 construction or demolition debris shall not be considered
22 "waste" when (i) used as fill material below grade outside of
23 a setback zone if covered by sufficient uncontaminated soil
24 to support vegetation within 30 days of the completion of
25 filling or if covered by a road or structure, (ii) separated
26 or processed and returned to the economic mainstream in the
27 form of raw materials or products, provided it is not
28 speculatively accumulated, or (iii) solely broken concrete
29 without protruding metal bars is used for erosion control.
30 (Source: P.A. 90-475, eff. 8-17-97.)
31 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
32 Sec. 21. No person shall:
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1 (a) Cause or allow the open dumping of any waste.
2 (b) Abandon, dump, or deposit any waste upon the public
3 highways or other public property, except in a sanitary
4 landfill approved by the Agency pursuant to regulations
5 adopted by the Board.
6 (c) Abandon any vehicle in violation of the "Abandoned
7 Vehicles Amendment to the Illinois Vehicle Code", as enacted
8 by the 76th General Assembly.
9 (d) Conduct any waste-storage, waste-treatment, or
10 waste-disposal operation:
11 (1) without a permit granted by the Agency or in
12 violation of any conditions imposed by such permit,
13 including periodic reports and full access to adequate
14 records and the inspection of facilities, as may be
15 necessary to assure compliance with this Act and with
16 regulations and standards adopted thereunder; provided,
17 however, that, except for municipal solid waste landfill
18 units that receive waste on or after October 9, 1993, no
19 permit shall be required for (i) any person conducting a
20 waste-storage, waste-treatment, or waste-disposal
21 operation for wastes generated by such person's own
22 activities which are stored, treated, or disposed within
23 the site where such wastes are generated, or (ii) a
24 facility located in a county with a population over
25 700,000, operated and located in accordance with Section
26 22.38 of this Act, and used exclusively for the transfer,
27 storage, or treatment of general construction or
28 demolition debris;
29 (2) in violation of any regulations or standards
30 adopted by the Board under this Act; or
31 (3) which receives waste after August 31, 1988,
32 does not have a permit issued by the Agency, and is (i) a
33 landfill used exclusively for the disposal of waste
34 generated at the site, (ii) a surface impoundment
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1 receiving special waste not listed in an NPDES permit,
2 (iii) a waste pile in which the total volume of waste is
3 greater than 100 cubic yards or the waste is stored for
4 over one year, or (iv) a land treatment facility
5 receiving special waste generated at the site; without
6 giving notice of the operation to the Agency by January
7 1, 1989, or 30 days after the date on which the operation
8 commences, whichever is later, and every 3 years
9 thereafter. The form for such notification shall be
10 specified by the Agency, and shall be limited to
11 information regarding: the name and address of the
12 location of the operation; the type of operation; the
13 types and amounts of waste stored, treated or disposed of
14 on an annual basis; the remaining capacity of the
15 operation; and the remaining expected life of the
16 operation.
17 Item (3) of this subsection (d) shall not apply to any
18 person engaged in agricultural activity who is disposing of a
19 substance that constitutes solid waste, if the substance was
20 acquired for use by that person on his own property, and the
21 substance is disposed of on his own property in accordance
22 with regulations or standards adopted by the Board.
23 This subsection (d) shall not apply to hazardous waste.
24 (e) Dispose, treat, store or abandon any waste, or
25 transport any waste into this State for disposal, treatment,
26 storage or abandonment, except at a site or facility which
27 meets the requirements of this Act and of regulations and
28 standards thereunder.
29 (f) Conduct any hazardous waste-storage, hazardous
30 waste-treatment or hazardous waste-disposal operation:
31 (1) without a RCRA permit for the site issued by
32 the Agency under subsection (d) of Section 39 of this
33 Act, or in violation of any condition imposed by such
34 permit, including periodic reports and full access to
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1 adequate records and the inspection of facilities, as may
2 be necessary to assure compliance with this Act and with
3 regulations and standards adopted thereunder; or
4 (2) in violation of any regulations or standards
5 adopted by the Board under this Act; or
6 (3) in violation of any RCRA permit filing
7 requirement established under standards adopted by the
8 Board under this Act; or
9 (4) in violation of any order adopted by the Board
10 under this Act.
11 Notwithstanding the above, no RCRA permit shall be
12 required under this subsection or subsection (d) of Section
13 39 of this Act for any person engaged in agricultural
14 activity who is disposing of a substance which has been
15 identified as a hazardous waste, and which has been
16 designated by Board regulations as being subject to this
17 exception, if the substance was acquired for use by that
18 person on his own property and the substance is disposed of
19 on his own property in accordance with regulations or
20 standards adopted by the Board.
21 (g) Conduct any hazardous waste-transportation
22 operation:
23 (1) without registering with and obtaining a permit
24 from the Agency in accordance with the Uniform Program
25 implemented under subsection (l-5) of Section 22.2; or
26 (2) in violation of any regulations or standards
27 adopted by the Board under this Act.
28 (h) Conduct any hazardous waste-recycling or hazardous
29 waste-reclamation or hazardous waste-reuse operation in
30 violation of any regulations, standards or permit
31 requirements adopted by the Board under this Act.
32 (i) Conduct any process or engage in any act which
33 produces hazardous waste in violation of any regulations or
34 standards adopted by the Board under subsections (a) and (c)
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1 of Section 22.4 of this Act.
2 (j) Conduct any special waste transportation operation
3 in violation of any regulations, standards or permit
4 requirements adopted by the Board under this Act. However,
5 sludge from a water or sewage treatment plant owned and
6 operated by a unit of local government which (1) is subject
7 to a sludge management plan approved by the Agency or a
8 permit granted by the Agency, and (2) has been tested and
9 determined not to be a hazardous waste as required by
10 applicable State and federal laws and regulations, may be
11 transported in this State without a special waste hauling
12 permit, and the preparation and carrying of a manifest shall
13 not be required for such sludge under the rules of the
14 Pollution Control Board. The unit of local government which
15 operates the treatment plant producing such sludge shall file
16 a semiannual report with the Agency identifying the volume of
17 such sludge transported during the reporting period, the
18 hauler of the sludge, and the disposal sites to which it was
19 transported. This subsection (j) shall not apply to hazardous
20 waste.
21 (k) Fail or refuse to pay any fee imposed under this
22 Act.
23 (l) Locate a hazardous waste disposal site above an
24 active or inactive shaft or tunneled mine or within 2 miles
25 of an active fault in the earth's crust. In counties of
26 population less than 225,000 no hazardous waste disposal site
27 shall be located (1) within 1 1/2 miles of the corporate
28 limits as defined on June 30, 1978, of any municipality
29 without the approval of the governing body of the
30 municipality in an official action; or (2) within 1000 feet
31 of an existing private well or the existing source of a
32 public water supply measured from the boundary of the actual
33 active permitted site and excluding existing private wells on
34 the property of the permit applicant. The provisions of this
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1 subsection do not apply to publicly-owned sewage works or the
2 disposal or utilization of sludge from publicly-owned sewage
3 works.
4 (m) Transfer interest in any land which has been used as
5 a hazardous waste disposal site without written notification
6 to the Agency of the transfer and to the transferee of the
7 conditions imposed by the Agency upon its use under
8 subsection (g) of Section 39.
9 (n) Use any land which has been used as a hazardous
10 waste disposal site except in compliance with conditions
11 imposed by the Agency under subsection (g) of Section 39.
12 (o) Conduct a sanitary landfill operation which is
13 required to have a permit under subsection (d) of this
14 Section, in a manner which results in any of the following
15 conditions:
16 (1) refuse in standing or flowing waters;
17 (2) leachate flows entering waters of the State;
18 (3) leachate flows exiting the landfill confines
19 (as determined by the boundaries established for the
20 landfill by a permit issued by the Agency);
21 (4) open burning of refuse in violation of Section
22 9 of this Act;
23 (5) uncovered refuse remaining from any previous
24 operating day or at the conclusion of any operating day,
25 unless authorized by permit;
26 (6) failure to provide final cover within time
27 limits established by Board regulations;
28 (7) acceptance of wastes without necessary permits;
29 (8) scavenging as defined by Board regulations;
30 (9) deposition of refuse in any unpermitted portion
31 of the landfill;
32 (10) acceptance of a special waste without a
33 required manifest;
34 (11) failure to submit reports required by permits
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1 or Board regulations;
2 (12) failure to collect and contain litter from the
3 site by the end of each operating day;
4 (13) failure to submit any cost estimate for the
5 site or any performance bond or other security for the
6 site as required by this Act or Board rules.
7 The prohibitions specified in this subsection (o) shall
8 be enforceable by the Agency either by administrative
9 citation under Section 31.1 of this Act or as otherwise
10 provided by this Act. The specific prohibitions in this
11 subsection do not limit the power of the Board to establish
12 regulations or standards applicable to sanitary landfills.
13 (p) In violation of subdivision (a) of this Section,
14 cause or allow the open dumping of any waste in a manner
15 which results in any of the following occurrences at the dump
16 site:
17 (1) litter;
18 (2) scavenging;
19 (3) open burning;
20 (4) deposition of waste in standing or flowing
21 waters;
22 (5) proliferation of disease vectors;
23 (6) standing or flowing liquid discharge from the
24 dump site.
25 The prohibitions specified in this subsection (p) shall
26 be enforceable by the Agency either by administrative
27 citation under Section 31.1 of this Act or as otherwise
28 provided by this Act. The specific prohibitions in this
29 subsection do not limit the power of the Board to establish
30 regulations or standards applicable to open dumping.
31 (q) Conduct a landscape waste composting operation
32 without an Agency permit, provided, however, that no permit
33 shall be required for any person:
34 (1) conducting a landscape waste composting
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1 operation for landscape wastes generated by such person's
2 own activities which are stored, treated or disposed of
3 within the site where such wastes are generated; or
4 (2) applying landscape waste or composted landscape
5 waste at agronomic rates; or
6 (3) operating a landscape waste composting facility
7 on a farm, if the facility meets all of the following
8 criteria:
9 (A) the composting facility is operated by the
10 farmer on property on which the composting material
11 is utilized, and the composting facility constitutes
12 no more than 2% of the property's total acreage,
13 except that the Agency may allow a higher percentage
14 for individual sites where the owner or operator has
15 demonstrated to the Agency that the site's soil
16 characteristics or crop needs require a higher rate;
17 (B) the property on which the composting
18 facility is located, and any associated property on
19 which the compost is used, is principally and
20 diligently devoted to the production of agricultural
21 crops and is not owned, leased or otherwise
22 controlled by any waste hauler or generator of
23 nonagricultural compost materials, and the operator
24 of the composting facility is not an employee,
25 partner, shareholder, or in any way connected with
26 or controlled by any such waste hauler or generator;
27 (C) all compost generated by the composting
28 facility is applied at agronomic rates and used as
29 mulch, fertilizer or soil conditioner on land
30 actually farmed by the person operating the
31 composting facility, and the finished compost is not
32 stored at the composting site for a period longer
33 than 18 months prior to its application as mulch,
34 fertilizer, or soil conditioner;
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1 (D) the owner or operator, by January 1, 1990
2 (or the January 1 following commencement of
3 operation, whichever is later) and January 1 of each
4 year thereafter, (i) registers the site with the
5 Agency, (ii) reports to the Agency on the volume of
6 composting material received and used at the site,
7 (iii) certifies to the Agency that the site complies
8 with the requirements set forth in subparagraphs
9 (A), (B) and (C) of this paragraph (q)(3), and (iv)
10 certifies to the Agency that all composting material
11 was placed more than 200 feet from the nearest
12 potable water supply well, was placed outside the
13 boundary of the 10-year floodplain or on a part of
14 the site that is floodproofed, was placed at least
15 1/4 mile from the nearest residence (other than a
16 residence located on the same property as the
17 facility) and there are not more than 10 occupied
18 non-farm residences within 1/2 mile of the
19 boundaries of the site on the date of application,
20 and was placed more than 5 feet above the water
21 table.
22 For the purposes of this subsection (q), "agronomic
23 rates" means the application of not more than 20 tons per
24 acre per year, except that the Agency may allow a higher rate
25 for individual sites where the owner or operator has
26 demonstrated to the Agency that the site's soil
27 characteristics or crop needs require a higher rate.
28 (r) Cause or allow the storage or disposal of coal
29 combustion waste unless:
30 (1) such waste is stored or disposed of at a site
31 or facility for which a permit has been obtained or is
32 not otherwise required under subsection (d) of this
33 Section; or
34 (2) such waste is stored or disposed of as a part
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1 of the design and reclamation of a site or facility which
2 is an abandoned mine site in accordance with the
3 Abandoned Mined Lands and Water Reclamation Act; or
4 (3) such waste is stored or disposed of at a site
5 or facility which is operating under NPDES and Subtitle D
6 permits issued by the Agency pursuant to regulations
7 adopted by the Board for mine-related water pollution and
8 permits issued pursuant to the Federal Surface Mining
9 Control and Reclamation Act of 1977 (P.L. 95-87) or the
10 rules and regulations thereunder or any law or rule or
11 regulation adopted by the State of Illinois pursuant
12 thereto, and the owner or operator of the facility agrees
13 to accept the waste; and either
14 (i) such waste is stored or disposed of in
15 accordance with requirements applicable to refuse
16 disposal under regulations adopted by the Board for
17 mine-related water pollution and pursuant to NPDES
18 and Subtitle D permits issued by the Agency under
19 such regulations; or
20 (ii) the owner or operator of the facility
21 demonstrates all of the following to the Agency, and
22 the facility is operated in accordance with the
23 demonstration as approved by the Agency: (1) the
24 disposal area will be covered in a manner that will
25 support continuous vegetation, (2) the facility will
26 be adequately protected from wind and water erosion,
27 (3) the pH will be maintained so as to prevent
28 excessive leaching of metal ions, and (4) adequate
29 containment or other measures will be provided to
30 protect surface water and groundwater from
31 contamination at levels prohibited by this Act, the
32 Illinois Groundwater Protection Act, or regulations
33 adopted pursuant thereto.
34 Notwithstanding any other provision of this Title, the
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1 disposal of coal combustion waste pursuant to item (2) or (3)
2 of this subdivision (r) shall be exempt from the other
3 provisions of this Title V, and notwithstanding the
4 provisions of Title X of this Act, the Agency is authorized
5 to grant experimental permits which include provision for the
6 disposal of wastes from the combustion of coal and other
7 materials pursuant to items (2) and (3) of this subdivision
8 (r).
9 (s) After April 1, 1989, offer for transportation,
10 transport, deliver, receive or accept special waste for which
11 a manifest is required, unless the manifest indicates that
12 the fee required under Section 22.8 of this Act has been
13 paid.
14 (t) Cause or allow a lateral expansion of a municipal
15 solid waste landfill unit on or after October 9, 1993,
16 without a permit modification, granted by the Agency, that
17 authorizes the lateral expansion.
18 (u) Conduct any vegetable by-product treatment, storage,
19 disposal or transportation operation in violation of any
20 regulation, standards or permit requirements adopted by the
21 Board under this Act. However, no permit shall be required
22 under this Title V for the land application of vegetable
23 by-products conducted pursuant to Agency permit issued under
24 Title III of this Act to the generator of the vegetable
25 by-products. In addition, vegetable by-products may be
26 transported in this State without a special waste hauling
27 permit, and without the preparation and carrying of a
28 manifest.
29 (v) (Blank). Conduct any operation for the receipt,
30 transfer, recycling, or other management of construction or
31 demolition debris, clean or otherwise, without maintenance of
32 load tickets and other manifests reflecting receipt of the
33 debris from the hauler and generator of the debris. The load
34 ticket and manifest shall identify the hauler, generator,
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1 place of origin of the debris, the weight and volume of the
2 debris, the time and date of the receipt of the debris, and
3 the disposition of the debris by the operator of the
4 receiving facility. This subsection (v) shall not apply to a
5 public utility as that term is defined in the Public
6 Utilities Act, but it shall apply to an entity that contracts
7 with a public utility.
8 (w) Conduct any generation, transportation, or recycling
9 transfer, or disposal of construction or demolition debris,
10 clean or general otherwise, or uncontaminated soil generated
11 during construction, remodeling, repair, and demolition of
12 utilities, structures, and roads that is not commingled with
13 any waste, without the maintenance of documentation
14 identifying load tickets and manifests reflecting the
15 transfer, disposal, or other disposition of the debris. The
16 load ticket and manifest shall identify the hauler,
17 generator, place of origin of the debris or soil, the weight
18 or and volume of the debris or soil, the time and date of the
19 disposition of the debris, and the location, owner, and
20 operator of the facility where to which the debris or soil
21 was transferred, or disposed, recycled, or treated. This
22 documentation must be maintained by the generator,
23 transporter, or recycler for 3 years. This subsection (w)
24 shall not apply to (1) a permitted pollution control facility
25 that transfers or accepts construction or demolition debris,
26 clean or general, or uncontaminated soil for final disposal,
27 recycling, or treatment; or (2) a public utility as that term
28 is defined in the Public Utilities Act or a municipal
29 utility, but it shall apply to an entity that contracts with
30 a public utility or municipal utility. The terms "generation"
31 and "recycling" as used in this subsection do not apply to
32 clean construction or demolition debris when (i) used as fill
33 material below grade outside of a setback zone if covered by
34 sufficient uncontaminated soil to support vegetation within
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1 30 days of the completion of filling or if covered by a road
2 or structure, or (ii) solely broken concrete without
3 protruding metal bars is used for erosion control. The terms
4 "generation" and "recycling", as used in this subsection, do
5 not apply to uncontaminated soil that is not commingled with
6 any waste when (i) used as fill material below grade or
7 contoured to grade, or (ii) used at the site of generation.
8 (Source: P.A. 89-93, eff. 7-6-95; 89-535, eff. 7-19-96;
9 90-219, eff. 7-25-97; 90-344, eff. 1-1-98; 90-475, eff.
10 8-17-97; revised 10-15-97.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.".