Public Act 102-0216
 
SB1656 EnrolledLRB102 17019 SPS 22441 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Dead Animal Disposal Act is
amended by changing Sections 1.1 and 19a and by adding Section
17.1 as follows:
 
    (225 ILCS 610/1.1)  (from Ch. 8, par. 149.1)
    Sec. 1.1. As used in this Act, unless the context
otherwise requires:
    (a) "Department" means the Department of Agriculture of
the State of Illinois.
    (b) "Person" means any individual, firm, partnership,
association, corporation or other business entity.
    (c) "Renderer" means any person who, for other than human
consumption, collects, cooks and processes bodies or parts of
bodies of dead animals, poultry or fish, or used cooking
grease and oils, for the purpose of salvaging hides, wool,
skins or feathers, and for the production of animal, poultry,
or fish protein, blood meal, bone meal, grease or tallow.
    (d) "Blender" means any person who acquires inedible
by-products of bodies or parts of bodies of dead animals,
poultry or fish, or used cooking grease and oils, for the
purpose of blending them to obtain a desired percentage of
protein, degree of quality or color for use in animal feed,
poultry feed or fertilizers.
    (e) "Collection center" means any place where bodies or
parts of bodies of dead animals, poultry or fish, or used
cooking grease and cooking oils, are collected for loading
into a permitted vehicle for delivery to the renderer.
    (f) "Permittee" means any person issued a vehicle permit
under the provisions of this Act.
    (g) "Licensee" means any person licensed under the
provisions of this Act.
    (h) "Rendering materials" means bodies or parts of bodies
of dead animals, poultry or fish, or used cooking grease and
oils.
    (i) "Animal collection service" means a company that
conveys dead animals to a landfill facility licensed under the
Environmental Protection Act when no rendering service is
available. Waste haulers collecting waste in which a dead
animal is included incidental to such waste shall not be
considered an "animal collection service" activity.
    (j) "Grease and oil collector" means any person who
collects for reuse or recycling used cooking grease and
cooking oils in a permitted vehicle for delivery to a grease
and cooking oil processor for purposes other than rendering or
blending.
    (k) "Grease and oil processor" means any person who
stores, filters, processes, or distributes for reuse or
recycling used cooking grease and cooking oils for uses other
than rendering or blending.
    (l) "Mass animal mortality event" means an event, as
declared by the Director, in which large numbers of animals of
a single or multiple species die or are at an increased risk of
mortality due to disease, natural disaster, or any other
non-disease related event, including, but not limited to,
market disruption or ventilation failure.
    (m) "Director" means the Director of Agriculture.
    (n) "Dead animal" means the carcass or tissue from a
deceased domesticated animal, poultry, fish, captive wild
animal, or captive wildlife.
    (o) "Operator" means the person or entity that has been
designated by the owner, through contract or otherwise, as
responsible for conveying dead animals.
(Source: P.A. 98-785, eff. 1-1-15.)
 
    (225 ILCS 610/17.1 new)
    Sec. 17.1. Mass animal mortality event.
    (a) The Director, at his or her discretion, may declare a
mass animal mortality event. The Director shall notify the
Illinois Emergency Management Agency of the declaration. The
notification shall be made without delay, but no later than 24
hours following the declaration.
    (b) The Department shall create and file with the Illinois
Emergency Management Agency a mass animal mortality event
plan. The plan must include and describe, at a minimum, the
following options of disposal:
        (1) burial, which may include methods and procedures
    for above-ground burial;
        (2) rendering;
        (3) transfer to a landfill;
        (4) composting, which may be conducted on the site
    where the death of the animals occurred or by transporting
    the bodies to a licensed landfill or to a centralized
    off-site location determined at the time of the mass
    animal mortality event;
        (5) incineration; and
        (6) any other acceptable method as determined by the
    Director.
    (b) Notwithstanding any other provision of this Act,
following the Director's declaration of a mass animal
mortality event, the Department shall implement the most
recent mass animal mortality event plan on file with the
Illinois Emergency Management Agency.
 
    (225 ILCS 610/19a)  (from Ch. 8, par. 167a)
    Sec. 19a. This Act shall be known and may be cited as the
Animal Mortality Act "Illinois Dead Animal Disposal Act".
(Source: P.A. 83-760.)
 
    Section 10. The Environmental Protection Act is amended by
changing Sections 3.330, 21, and 39 as follows:
 
    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
    Sec. 3.330. Pollution control facility.
    (a) "Pollution control facility" is any waste storage
site, sanitary landfill, waste disposal site, waste transfer
station, waste treatment facility, or waste incinerator. This
includes sewers, sewage treatment plants, and any other
facilities owned or operated by sanitary districts organized
under the Metropolitan Water Reclamation District Act.
    The following are not pollution control facilities:
        (1) (blank);
        (2) waste storage sites regulated under 40 CFR, Part
    761.42;
        (3) sites or facilities used by any person conducting
    a waste storage, waste treatment, waste disposal, waste
    transfer or waste incineration operation, or a combination
    thereof, for wastes generated by such person's own
    activities, when such wastes are stored, treated, disposed
    of, transferred or incinerated within the site or facility
    owned, controlled or operated by such person, or when such
    wastes are transported within or between sites or
    facilities owned, controlled or operated by such person;
        (4) sites or facilities at which the State is
    performing removal or remedial action pursuant to Section
    22.2 or 55.3;
        (5) abandoned quarries used solely for the disposal of
    concrete, earth materials, gravel, or aggregate debris
    resulting from road construction activities conducted by a
    unit of government or construction activities due to the
    construction and installation of underground pipes, lines,
    conduit or wires off of the premises of a public utility
    company which are conducted by a public utility;
        (6) sites or facilities used by any person to
    specifically conduct a landscape composting operation;
        (7) regional facilities as defined in the Central
    Midwest Interstate Low-Level Radioactive Waste Compact;
        (8) the portion of a site or facility where coal
    combustion wastes are stored or disposed of in accordance
    with subdivision (r)(2) or (r)(3) of Section 21;
        (9) the portion of a site or facility used for the
    collection, storage or processing of waste tires as
    defined in Title XIV;
        (10) the portion of a site or facility used for
    treatment of petroleum contaminated materials by
    application onto or incorporation into the soil surface
    and any portion of that site or facility used for storage
    of petroleum contaminated materials before treatment. Only
    those categories of petroleum listed in Section 57.9(a)(3)
    are exempt under this subdivision (10);
        (11) the portion of a site or facility where used oil
    is collected or stored prior to shipment to a recycling or
    energy recovery facility, provided that the used oil is
    generated by households or commercial establishments, and
    the site or facility is a recycling center or a business
    where oil or gasoline is sold at retail;
        (11.5) processing sites or facilities that receive
    only on-specification used oil, as defined in 35 Ill.
    Admin. Code 739, originating from used oil collectors for
    processing that is managed under 35 Ill. Admin. Code 739
    to produce products for sale to off-site petroleum
    facilities, if these processing sites or facilities are:
    (i) located within a home rule unit of local government
    with a population of at least 30,000 according to the 2000
    federal census, that home rule unit of local government
    has been designated as an Urban Round II Empowerment Zone
    by the United States Department of Housing and Urban
    Development, and that home rule unit of local government
    has enacted an ordinance approving the location of the
    site or facility and provided funding for the site or
    facility; and (ii) in compliance with all applicable
    zoning requirements;
        (12) the portion of a site or facility utilizing coal
    combustion waste for stabilization and treatment of only
    waste generated on that site or facility when used in
    connection with response actions pursuant to the federal
    Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, the federal Resource Conservation
    and Recovery Act of 1976, or the Illinois Environmental
    Protection Act or as authorized by the Agency;
        (13) the portion of a site or facility that accepts
    exclusively general construction or demolition debris and
    is operated and located in accordance with Section 22.38
    of this Act;
        (14) the portion of a site or facility, located within
    a unit of local government that has enacted local zoning
    requirements, used to accept, separate, and process
    uncontaminated broken concrete, with or without protruding
    metal bars, provided that the uncontaminated broken
    concrete and metal bars are not speculatively accumulated,
    are at the site or facility no longer than one year after
    their acceptance, and are returned to the economic
    mainstream in the form of raw materials or products;
        (15) the portion of a site or facility located in a
    county with a population over 3,000,000 that has obtained
    local siting approval under Section 39.2 of this Act for a
    municipal waste incinerator on or before July 1, 2005 and
    that is used for a non-hazardous waste transfer station;
        (16) a site or facility that temporarily holds in
    transit for 10 days or less, non-putrescible solid waste
    in original containers, no larger in capacity than 500
    gallons, provided that such waste is further transferred
    to a recycling, disposal, treatment, or storage facility
    on a non-contiguous site and provided such site or
    facility complies with the applicable 10-day transfer
    requirements of the federal Resource Conservation and
    Recovery Act of 1976 and United States Department of
    Transportation hazardous material requirements. For
    purposes of this Section only, "non-putrescible solid
    waste" means waste other than municipal garbage that does
    not rot or become putrid, including, but not limited to,
    paints, solvent, filters, and absorbents;
        (17) the portion of a site or facility located in a
    county with a population greater than 3,000,000 that has
    obtained local siting approval, under Section 39.2 of this
    Act, for a municipal waste incinerator on or before July
    1, 2005 and that is used for wood combustion facilities
    for energy recovery that accept and burn only wood
    material, as included in a fuel specification approved by
    the Agency;
        (18) a transfer station used exclusively for landscape
    waste, including a transfer station where landscape waste
    is ground to reduce its volume, where the landscape waste
    is held no longer than 24 hours from the time it was
    received;
        (19) the portion of a site or facility that (i) is used
    for the composting of food scrap, livestock waste, crop
    residue, uncontaminated wood waste, or paper waste,
    including, but not limited to, corrugated paper or
    cardboard, and (ii) meets all of the following
    requirements:
            (A) There must not be more than a total of 30,000
        cubic yards of livestock waste in raw form or in the
        process of being composted at the site or facility at
        any one time.
            (B) All food scrap, livestock waste, crop residue,
        uncontaminated wood waste, and paper waste must, by
        the end of each operating day, be processed and placed
        into an enclosed vessel in which air flow and
        temperature are controlled, or all of the following
        additional requirements must be met:
                (i) The portion of the site or facility used
            for the composting operation must include a
            setback of at least 200 feet from the nearest
            potable water supply well.
                (ii) The portion of the site or facility used
            for the composting operation must be located
            outside the boundary of the 10-year floodplain or
            floodproofed.
                (iii) Except in municipalities with more than
            1,000,000 inhabitants, the portion of the site or
            facility used for the composting operation must be
            located at least one-eighth of a mile from the
            nearest residence, other than a residence located
            on the same property as the site or facility.
                (iv) The portion of the site or facility used
            for the composting operation must be located at
            least one-eighth of a mile from the property line
            of all of the following areas:
                    (I) Facilities that primarily serve to
                house or treat people that are
                immunocompromised or immunosuppressed, such as
                cancer or AIDS patients; people with asthma,
                cystic fibrosis, or bioaerosol allergies; or
                children under the age of one year.
                    (II) Primary and secondary schools and
                adjacent areas that the schools use for
                recreation.
                    (III) Any facility for child care licensed
                under Section 3 of the Child Care Act of 1969;
                preschools; and adjacent areas that the
                facilities or preschools use for recreation.
                (v) By the end of each operating day, all food
            scrap, livestock waste, crop residue,
            uncontaminated wood waste, and paper waste must be
            (i) processed into windrows or other piles and
            (ii) covered in a manner that prevents scavenging
            by birds and animals and that prevents other
            nuisances.
            (C) Food scrap, livestock waste, crop residue,
        uncontaminated wood waste, paper waste, and compost
        must not be placed within 5 feet of the water table.
            (D) The site or facility must meet all of the
        requirements of the Wild and Scenic Rivers Act (16
        U.S.C. 1271 et seq.).
            (E) The site or facility must not (i) restrict the
        flow of a 100-year flood, (ii) result in washout of
        food scrap, livestock waste, crop residue,
        uncontaminated wood waste, or paper waste from a
        100-year flood, or (iii) reduce the temporary water
        storage capacity of the 100-year floodplain, unless
        measures are undertaken to provide alternative storage
        capacity, such as by providing lagoons, holding tanks,
        or drainage around structures at the facility.
            (F) The site or facility must not be located in any
        area where it may pose a threat of harm or destruction
        to the features for which:
                (i) an irreplaceable historic or
            archaeological site has been listed under the
            National Historic Preservation Act (16 U.S.C. 470
            et seq.) or the Illinois Historic Preservation
            Act;
                (ii) a natural landmark has been designated by
            the National Park Service or the Illinois State
            Historic Preservation Office; or
                (iii) a natural area has been designated as a
            Dedicated Illinois Nature Preserve under the
            Illinois Natural Areas Preservation Act.
            (G) The site or facility must not be located in an
        area where it may jeopardize the continued existence
        of any designated endangered species, result in the
        destruction or adverse modification of the critical
        habitat for such species, or cause or contribute to
        the taking of any endangered or threatened species of
        plant, fish, or wildlife listed under the Endangered
        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
        Endangered Species Protection Act;
        (20) the portion of a site or facility that is located
    entirely within a home rule unit having a population of no
    less than 120,000 and no more than 135,000, according to
    the 2000 federal census, and that meets all of the
    following requirements:
            (i) the portion of the site or facility is used
        exclusively to perform testing of a thermochemical
        conversion technology using only woody biomass,
        collected as landscape waste within the boundaries of
        the home rule unit, as the hydrocarbon feedstock for
        the production of synthetic gas in accordance with
        Section 39.9 of this Act;
            (ii) the portion of the site or facility is in
        compliance with all applicable zoning requirements;
        and
            (iii) a complete application for a demonstration
        permit at the portion of the site or facility has been
        submitted to the Agency in accordance with Section
        39.9 of this Act within one year after July 27, 2010
        (the effective date of Public Act 96-1314);
        (21) the portion of a site or facility used to perform
    limited testing of a gasification conversion technology in
    accordance with Section 39.8 of this Act and for which a
    complete permit application has been submitted to the
    Agency prior to one year from April 9, 2010 (the effective
    date of Public Act 96-887);
        (22) the portion of a site or facility that is used to
    incinerate only pharmaceuticals from residential sources
    that are collected and transported by law enforcement
    agencies under Section 17.9A of this Act;
        (23) the portion of a site or facility:
            (A) that is used exclusively for the transfer of
        commingled landscape waste and food scrap held at the
        site or facility for no longer than 24 hours after
        their receipt;
            (B) that is located entirely within a home rule
        unit having a population of (i) not less than 100,000
        and not more than 115,000 according to the 2010
        federal census, (ii) not less than 5,000 and not more
        than 10,000 according to the 2010 federal census, or
        (iii) not less than 25,000 and not more than 30,000
        according to the 2010 federal census or that is
        located in the unincorporated area of a county having
        a population of not less than 700,000 and not more than
        705,000 according to the 2010 federal census;
            (C) that is permitted, by the Agency, prior to
        January 1, 2002, for the transfer of landscape waste
        if located in a home rule unit or that is permitted
        prior to January 1, 2008 if located in an
        unincorporated area of a county; and
            (D) for which a permit application is submitted to
        the Agency to modify an existing permit for the
        transfer of landscape waste to also include, on a
        demonstration basis not to exceed 24 months each time
        a permit is issued, the transfer of commingled
        landscape waste and food scrap or for which a permit
        application is submitted to the Agency within 6 months
        of the effective date of this amendatory Act of the
        100th General Assembly; and
        (24) the portion of a municipal solid waste landfill
    unit:
            (A) that is located in a county having a
        population of not less than 55,000 and not more than
        60,000 according to the 2010 federal census;
            (B) that is owned by that county;
            (C) that is permitted, by the Agency, prior to
        July 10, 2015 (the effective date of Public Act
        99-12); and
            (D) for which a permit application is submitted to
        the Agency within 6 months after July 10, 2015 (the
        effective date of Public Act 99-12) for the disposal
        of non-hazardous special waste; and .
        (25) the portion of a site or facility used during a
    mass animal mortality event, as defined in the Animal
    Mortality Act, where such waste is collected, stored,
    processed, disposed, or incinerated under a mass animal
    mortality event plan issued by the Department of
    Agriculture.
    (b) A new pollution control facility is:
        (1) a pollution control facility initially permitted
    for development or construction after July 1, 1981; or
        (2) the area of expansion beyond the boundary of a
    currently permitted pollution control facility; or
        (3) a permitted pollution control facility requesting
    approval to store, dispose of, transfer or incinerate, for
    the first time, any special or hazardous waste.
(Source: P.A. 99-12, eff. 7-10-15; 99-440, eff. 8-21-15;
99-642, eff. 7-28-16; 100-94, eff. 8-11-17.)
 
    (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)
    Sec. 21. Prohibited acts. No person shall:
    (a) Cause or allow the open dumping of any waste.
    (b) Abandon, dump, or deposit any waste upon the public
highways or other public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
    (c) Abandon any vehicle in violation of the "Abandoned
Vehicles Amendment to the Illinois Vehicle Code", as enacted
by the 76th General Assembly.
    (d) Conduct any waste-storage, waste-treatment, or
waste-disposal operation:
        (1) without a permit granted by the Agency or in
    violation of any conditions imposed by such permit,
    including periodic reports and full access to adequate
    records and the inspection of facilities, as may be
    necessary to assure compliance with this Act and with
    regulations and standards adopted thereunder; provided,
    however, that, except for municipal solid waste landfill
    units that receive waste on or after October 9, 1993, and
    CCR surface impoundments, no permit shall be required for
    (i) any person conducting a waste-storage,
    waste-treatment, or waste-disposal operation for wastes
    generated by such person's own activities which are
    stored, treated, or disposed within the site where such
    wastes are generated, or (ii) a facility located in a
    county with a population over 700,000 as of January 1,
    2000, operated and located in accordance with Section
    22.38 of this Act, and used exclusively for the transfer,
    storage, or treatment of general construction or
    demolition debris, provided that the facility was
    receiving construction or demolition debris on August 24,
    2009 (the effective date of Public Act 96-611), or (iii)
    any person conducting a waste transfer, storage,
    treatment, or disposal operation, including, but not
    limited to, a waste transfer or waste composting
    operation, under a mass animal mortality event plan
    created by the Department of Agriculture this amendatory
    Act of the 96th General Assembly;
        (2) in violation of any regulations or standards
    adopted by the Board under this Act; or
        (3) which receives waste after August 31, 1988, does
    not have a permit issued by the Agency, and is (i) a
    landfill used exclusively for the disposal of waste
    generated at the site, (ii) a surface impoundment
    receiving special waste not listed in an NPDES permit,
    (iii) a waste pile in which the total volume of waste is
    greater than 100 cubic yards or the waste is stored for
    over one year, or (iv) a land treatment facility receiving
    special waste generated at the site; without giving notice
    of the operation to the Agency by January 1, 1989, or 30
    days after the date on which the operation commences,
    whichever is later, and every 3 years thereafter. The form
    for such notification shall be specified by the Agency,
    and shall be limited to information regarding: the name
    and address of the location of the operation; the type of
    operation; the types and amounts of waste stored, treated
    or disposed of on an annual basis; the remaining capacity
    of the operation; and the remaining expected life of the
    operation.
    Item (3) of this subsection (d) shall not apply to any
person engaged in agricultural activity who is disposing of a
substance that constitutes solid waste, if the substance was
acquired for use by that person on his own property, and the
substance is disposed of on his own property in accordance
with regulations or standards adopted by the Board.
    This subsection (d) shall not apply to hazardous waste.
    (e) Dispose, treat, store or abandon any waste, or
transport any waste into this State for disposal, treatment,
storage or abandonment, except at a site or facility which
meets the requirements of this Act and of regulations and
standards thereunder.
    (f) Conduct any hazardous waste-storage, hazardous
waste-treatment or hazardous waste-disposal operation:
        (1) without a RCRA permit for the site issued by the
    Agency under subsection (d) of Section 39 of this Act, or
    in violation of any condition imposed by such permit,
    including periodic reports and full access to adequate
    records and the inspection of facilities, as may be
    necessary to assure compliance with this Act and with
    regulations and standards adopted thereunder; or
        (2) in violation of any regulations or standards
    adopted by the Board under this Act; or
        (3) in violation of any RCRA permit filing requirement
    established under standards adopted by the Board under
    this Act; or
        (4) in violation of any order adopted by the Board
    under this Act.
    Notwithstanding the above, no RCRA permit shall be
required under this subsection or subsection (d) of Section 39
of this Act for any person engaged in agricultural activity
who is disposing of a substance which has been identified as a
hazardous waste, and which has been designated by Board
regulations as being subject to this exception, if the
substance was acquired for use by that person on his own
property and the substance is disposed of on his own property
in accordance with regulations or standards adopted by the
Board.
    (g) Conduct any hazardous waste-transportation operation:
        (1) without registering with and obtaining a special
    waste hauling permit from the Agency in accordance with
    the regulations adopted by the Board under this Act; or
        (2) in violation of any regulations or standards
    adopted by the Board under this Act.
    (h) Conduct any hazardous waste-recycling or hazardous
waste-reclamation or hazardous waste-reuse operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act.
    (i) Conduct any process or engage in any act which
produces hazardous waste in violation of any regulations or
standards adopted by the Board under subsections (a) and (c)
of Section 22.4 of this Act.
    (j) Conduct any special waste-transportation waste
transportation operation in violation of any regulations,
standards or permit requirements adopted by the Board under
this Act. However, sludge from a water or sewage treatment
plant owned and operated by a unit of local government which
(1) is subject to a sludge management plan approved by the
Agency or a permit granted by the Agency, and (2) has been
tested and determined not to be a hazardous waste as required
by applicable State and federal laws and regulations, may be
transported in this State without a special waste hauling
permit, and the preparation and carrying of a manifest shall
not be required for such sludge under the rules of the
Pollution Control Board. The unit of local government which
operates the treatment plant producing such sludge shall file
an annual report with the Agency identifying the volume of
such sludge transported during the reporting period, the
hauler of the sludge, and the disposal sites to which it was
transported. This subsection (j) shall not apply to hazardous
waste.
    (k) Fail or refuse to pay any fee imposed under this Act.
    (l) Locate a hazardous waste disposal site above an active
or inactive shaft or tunneled mine or within 2 miles of an
active fault in the earth's crust. In counties of population
less than 225,000 no hazardous waste disposal site shall be
located (1) within 1 1/2 miles of the corporate limits as
defined on June 30, 1978, of any municipality without the
approval of the governing body of the municipality in an
official action; or (2) within 1000 feet of an existing
private well or the existing source of a public water supply
measured from the boundary of the actual active permitted site
and excluding existing private wells on the property of the
permit applicant. The provisions of this subsection do not
apply to publicly owned publicly-owned sewage works or the
disposal or utilization of sludge from publicly owned
publicly-owned sewage works.
    (m) Transfer interest in any land which has been used as a
hazardous waste disposal site without written notification to
the Agency of the transfer and to the transferee of the
conditions imposed by the Agency upon its use under subsection
(g) of Section 39.
    (n) Use any land which has been used as a hazardous waste
disposal site except in compliance with conditions imposed by
the Agency under subsection (g) of Section 39.
    (o) Conduct a sanitary landfill operation which is
required to have a permit under subsection (d) of this
Section, in a manner which results in any of the following
conditions:
        (1) refuse in standing or flowing waters;
        (2) leachate flows entering waters of the State;
        (3) leachate flows exiting the landfill confines (as
    determined by the boundaries established for the landfill
    by a permit issued by the Agency);
        (4) open burning of refuse in violation of Section 9
    of this Act;
        (5) uncovered refuse remaining from any previous
    operating day or at the conclusion of any operating day,
    unless authorized by permit;
        (6) failure to provide final cover within time limits
    established by Board regulations;
        (7) acceptance of wastes without necessary permits;
        (8) scavenging as defined by Board regulations;
        (9) deposition of refuse in any unpermitted portion of
    the landfill;
        (10) acceptance of a special waste without a required
    manifest;
        (11) failure to submit reports required by permits or
    Board regulations;
        (12) failure to collect and contain litter from the
    site by the end of each operating day;
        (13) failure to submit any cost estimate for the site
    or any performance bond or other security for the site as
    required by this Act or Board rules.
    The prohibitions specified in this subsection (o) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to sanitary landfills.
    (p) In violation of subdivision (a) of this Section, cause
or allow the open dumping of any waste in a manner which
results in any of the following occurrences at the dump site:
        (1) litter;
        (2) scavenging;
        (3) open burning;
        (4) deposition of waste in standing or flowing waters;
        (5) proliferation of disease vectors;
        (6) standing or flowing liquid discharge from the dump
    site;
        (7) deposition of:
            (i) general construction or demolition debris as
        defined in Section 3.160(a) of this Act; or
            (ii) clean construction or demolition debris as
        defined in Section 3.160(b) of this Act.
    The prohibitions specified in this subsection (p) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to open dumping.
    (q) Conduct a landscape waste composting operation without
an Agency permit, provided, however, that no permit shall be
required for any person:
        (1) conducting a landscape waste composting operation
    for landscape wastes generated by such person's own
    activities which are stored, treated, or disposed of
    within the site where such wastes are generated; or
        (1.5) conducting a landscape waste composting
    operation that (i) has no more than 25 cubic yards of
    landscape waste, composting additives, composting
    material, or end-product compost on-site at any one time
    and (ii) is not engaging in commercial activity; or
        (2) applying landscape waste or composted landscape
    waste at agronomic rates; or
        (2.5) operating a landscape waste composting facility
    at a site having 10 or more occupied non-farm residences
    within 1/2 mile of its boundaries, if the facility meets
    all of the following criteria:
            (A) the composting facility is operated by the
        farmer on property on which the composting material is
        utilized, and the composting facility constitutes no
        more than 2% of the site's total acreage;
            (A-5) any composting additives that the composting
        facility accepts and uses at the facility are
        necessary to provide proper conditions for composting
        and do not exceed 10% of the total composting material
        at the facility at any one time;
            (B) the property on which the composting facility
        is located, and any associated property on which the
        compost is used, is principally and diligently devoted
        to the production of agricultural crops and is not
        owned, leased, or otherwise controlled by any waste
        hauler or generator of nonagricultural compost
        materials, and the operator of the composting facility
        is not an employee, partner, shareholder, or in any
        way connected with or controlled by any such waste
        hauler or generator;
            (C) all compost generated by the composting
        facility is applied at agronomic rates and used as
        mulch, fertilizer, or soil conditioner on land
        actually farmed by the person operating the composting
        facility, and the finished compost is not stored at
        the composting site for a period longer than 18 months
        prior to its application as mulch, fertilizer, or soil
        conditioner;
            (D) no fee is charged for the acceptance of
        materials to be composted at the facility; and
            (E) the owner or operator, by January 1, 2014 (or
        the January 1 following commencement of operation,
        whichever is later) and January 1 of each year
        thereafter, registers the site with the Agency, (ii)
        reports to the Agency on the volume of composting
        material received and used at the site; (iii)
        certifies to the Agency that the site complies with
        the requirements set forth in subparagraphs (A),
        (A-5), (B), (C), and (D) of this paragraph (2.5); and
        (iv) certifies to the Agency that all composting
        material was placed more than 200 feet from the
        nearest potable water supply well, was placed outside
        the boundary of the 10-year floodplain or on a part of
        the site that is floodproofed, was placed at least 1/4
        mile from the nearest residence (other than a
        residence located on the same property as the
        facility) or a lesser distance from the nearest
        residence (other than a residence located on the same
        property as the facility) if the municipality in which
        the facility is located has by ordinance approved a
        lesser distance than 1/4 mile, and was placed more
        than 5 feet above the water table; any ordinance
        approving a residential setback of less than 1/4 mile
        that is used to meet the requirements of this
        subparagraph (E) of paragraph (2.5) of this subsection
        must specifically reference this paragraph; or
        (3) operating a landscape waste composting facility on
    a farm, if the facility meets all of the following
    criteria:
            (A) the composting facility is operated by the
        farmer on property on which the composting material is
        utilized, and the composting facility constitutes no
        more than 2% of the property's total acreage, except
        that the Board may allow a higher percentage for
        individual sites where the owner or operator has
        demonstrated to the Board that the site's soil
        characteristics or crop needs require a higher rate;
            (A-1) the composting facility accepts from other
        agricultural operations for composting with landscape
        waste no materials other than uncontaminated and
        source-separated (i) crop residue and other
        agricultural plant residue generated from the
        production and harvesting of crops and other customary
        farm practices, including, but not limited to, stalks,
        leaves, seed pods, husks, bagasse, and roots and (ii)
        plant-derived animal bedding, such as straw or
        sawdust, that is free of manure and was not made from
        painted or treated wood;
            (A-2) any composting additives that the composting
        facility accepts and uses at the facility are
        necessary to provide proper conditions for composting
        and do not exceed 10% of the total composting material
        at the facility at any one time;
            (B) the property on which the composting facility
        is located, and any associated property on which the
        compost is used, is principally and diligently devoted
        to the production of agricultural crops and is not
        owned, leased or otherwise controlled by any waste
        hauler or generator of nonagricultural compost
        materials, and the operator of the composting facility
        is not an employee, partner, shareholder, or in any
        way connected with or controlled by any such waste
        hauler or generator;
            (C) all compost generated by the composting
        facility is applied at agronomic rates and used as
        mulch, fertilizer or soil conditioner on land actually
        farmed by the person operating the composting
        facility, and the finished compost is not stored at
        the composting site for a period longer than 18 months
        prior to its application as mulch, fertilizer, or soil
        conditioner;
            (D) the owner or operator, by January 1 of each
        year, (i) registers the site with the Agency, (ii)
        reports to the Agency on the volume of composting
        material received and used at the site, (iii)
        certifies to the Agency that the site complies with
        the requirements set forth in subparagraphs (A),
        (A-1), (A-2), (B), and (C) of this paragraph (q)(3),
        and (iv) certifies to the Agency that all composting
        material:
                (I) was placed more than 200 feet from the
            nearest potable water supply well;
                (II) was placed outside the boundary of the
            10-year floodplain or on a part of the site that is
            floodproofed;
                (III) was placed either (aa) at least 1/4 mile
            from the nearest residence (other than a residence
            located on the same property as the facility) and
            there are not more than 10 occupied non-farm
            residences within 1/2 mile of the boundaries of
            the site on the date of application or (bb) a
            lesser distance from the nearest residence (other
            than a residence located on the same property as
            the facility) provided that the municipality or
            county in which the facility is located has by
            ordinance approved a lesser distance than 1/4 mile
            and there are not more than 10 occupied non-farm
            residences within 1/2 mile of the boundaries of
            the site on the date of application; and
                (IV) was placed more than 5 feet above the
            water table.
            Any ordinance approving a residential setback of
        less than 1/4 mile that is used to meet the
        requirements of this subparagraph (D) must
        specifically reference this subparagraph.
    For the purposes of this subsection (q), "agronomic rates"
means the application of not more than 20 tons per acre per
year, except that the Board may allow a higher rate for
individual sites where the owner or operator has demonstrated
to the Board that the site's soil characteristics or crop
needs require a higher rate.
    (r) Cause or allow the storage or disposal of coal
combustion waste unless:
        (1) such waste is stored or disposed of at a site or
    facility for which a permit has been obtained or is not
    otherwise required under subsection (d) of this Section;
    or
        (2) such waste is stored or disposed of as a part of
    the design and reclamation of a site or facility which is
    an abandoned mine site in accordance with the Abandoned
    Mined Lands and Water Reclamation Act; or
        (3) such waste is stored or disposed of at a site or
    facility which is operating under NPDES and Subtitle D
    permits issued by the Agency pursuant to regulations
    adopted by the Board for mine-related water pollution and
    permits issued pursuant to the federal Federal Surface
    Mining Control and Reclamation Act of 1977 (P.L. 95-87) or
    the rules and regulations thereunder or any law or rule or
    regulation adopted by the State of Illinois pursuant
    thereto, and the owner or operator of the facility agrees
    to accept the waste; and either:
            (i) such waste is stored or disposed of in
        accordance with requirements applicable to refuse
        disposal under regulations adopted by the Board for
        mine-related water pollution and pursuant to NPDES and
        Subtitle D permits issued by the Agency under such
        regulations; or
            (ii) the owner or operator of the facility
        demonstrates all of the following to the Agency, and
        the facility is operated in accordance with the
        demonstration as approved by the Agency: (1) the
        disposal area will be covered in a manner that will
        support continuous vegetation, (2) the facility will
        be adequately protected from wind and water erosion,
        (3) the pH will be maintained so as to prevent
        excessive leaching of metal ions, and (4) adequate
        containment or other measures will be provided to
        protect surface water and groundwater from
        contamination at levels prohibited by this Act, the
        Illinois Groundwater Protection Act, or regulations
        adopted pursuant thereto.
    Notwithstanding any other provision of this Title, the
disposal of coal combustion waste pursuant to item (2) or (3)
of this subdivision (r) shall be exempt from the other
provisions of this Title V, and notwithstanding the provisions
of Title X of this Act, the Agency is authorized to grant
experimental permits which include provision for the disposal
of wastes from the combustion of coal and other materials
pursuant to items (2) and (3) of this subdivision (r).
    (s) After April 1, 1989, offer for transportation,
transport, deliver, receive or accept special waste for which
a manifest is required, unless the manifest indicates that the
fee required under Section 22.8 of this Act has been paid.
    (t) Cause or allow a lateral expansion of a municipal
solid waste landfill unit on or after October 9, 1993, without
a permit modification, granted by the Agency, that authorizes
the lateral expansion.
    (u) Conduct any vegetable by-product treatment, storage,
disposal or transportation operation in violation of any
regulation, standards or permit requirements adopted by the
Board under this Act. However, no permit shall be required
under this Title V for the land application of vegetable
by-products conducted pursuant to Agency permit issued under
Title III of this Act to the generator of the vegetable
by-products. In addition, vegetable by-products may be
transported in this State without a special waste hauling
permit, and without the preparation and carrying of a
manifest.
    (v) (Blank).
    (w) Conduct any generation, transportation, or recycling
of construction or demolition debris, clean or general, or
uncontaminated soil generated during construction, remodeling,
repair, and demolition of utilities, structures, and roads
that is not commingled with any waste, without the maintenance
of documentation identifying the hauler, generator, place of
origin of the debris or soil, the weight or volume of the
debris or soil, and the location, owner, and operator of the
facility where the debris or soil was transferred, disposed,
recycled, or treated. This documentation must be maintained by
the generator, transporter, or recycler for 3 years. This
subsection (w) shall not apply to (1) a permitted pollution
control facility that transfers or accepts construction or
demolition debris, clean or general, or uncontaminated soil
for final disposal, recycling, or treatment, (2) a public
utility (as that term is defined in the Public Utilities Act)
or a municipal utility, (3) the Illinois Department of
Transportation, or (4) a municipality or a county highway
department, with the exception of any municipality or county
highway department located within a county having a population
of over 3,000,000 inhabitants or located in a county that is
contiguous to a county having a population of over 3,000,000
inhabitants; but it shall apply to an entity that contracts
with a public utility, a municipal utility, the Illinois
Department of Transportation, or a municipality or a county
highway department. The terms "generation" and "recycling", as
used in this subsection, do not apply to clean construction or
demolition debris when (i) used as fill material below grade
outside of a setback zone if covered by sufficient
uncontaminated soil to support vegetation within 30 days of
the completion of filling or if covered by a road or structure,
(ii) solely broken concrete without protruding metal bars is
used for erosion control, or (iii) milled asphalt or crushed
concrete is used as aggregate in construction of the shoulder
of a roadway. The terms "generation" and "recycling", as used
in this subsection, do not apply to uncontaminated soil that
is not commingled with any waste when (i) used as fill material
below grade or contoured to grade, or (ii) used at the site of
generation.
(Source: P.A. 100-103, eff. 8-11-17; 101-171, eff. 7-30-19;
revised 9-12-19.)
 
    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
    Sec. 39. Issuance of permits; procedures.
    (a) When the Board has by regulation required a permit for
the construction, installation, or operation of any type of
facility, equipment, vehicle, vessel, or aircraft, the
applicant shall apply to the Agency for such permit and it
shall be the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of regulations hereunder. The Agency shall adopt such
procedures as are necessary to carry out its duties under this
Section. In making its determinations on permit applications
under this Section the Agency may consider prior adjudications
of noncompliance with this Act by the applicant that involved
a release of a contaminant into the environment. In granting
permits, the Agency may impose reasonable conditions
specifically related to the applicant's past compliance
history with this Act as necessary to correct, detect, or
prevent noncompliance. The Agency may impose such other
conditions as may be necessary to accomplish the purposes of
this Act, and as are not inconsistent with the regulations
promulgated by the Board hereunder. Except as otherwise
provided in this Act, a bond or other security shall not be
required as a condition for the issuance of a permit. If the
Agency denies any permit under this Section, the Agency shall
transmit to the applicant within the time limitations of this
Section specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include,
but not be limited to the following:
        (i) the Sections of this Act which may be violated if
    the permit were granted;
        (ii) the provision of the regulations, promulgated
    under this Act, which may be violated if the permit were
    granted;
        (iii) the specific type of information, if any, which
    the Agency deems the applicant did not provide the Agency;
    and
        (iv) a statement of specific reasons why the Act and
    the regulations might not be met if the permit were
    granted.
    If there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued; except that this time period shall
be extended to 180 days when (1) notice and opportunity for
public hearing are required by State or federal law or
regulation, (2) the application which was filed is for any
permit to develop a landfill subject to issuance pursuant to
this subsection, or (3) the application that was filed is for a
MSWLF unit required to issue public notice under subsection
(p) of Section 39. The 90-day and 180-day time periods for the
Agency to take final action do not apply to NPDES permit
applications under subsection (b) of this Section, to RCRA
permit applications under subsection (d) of this Section, to
UIC permit applications under subsection (e) of this Section,
or to CCR surface impoundment applications under subsection
(y) of this Section.
    The Agency shall publish notice of all final permit
determinations for development permits for MSWLF units and for
significant permit modifications for lateral expansions for
existing MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
    After January 1, 1994 and until July 1, 1998, operating
permits issued under this Section by the Agency for sources of
air pollution permitted to emit less than 25 tons per year of
any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed only
upon written request by the Agency consistent with applicable
provisions of this Act and regulations promulgated hereunder.
Such operating permits shall expire 180 days after the date of
such a request. The Board shall revise its regulations for the
existing State air pollution operating permit program
consistent with this provision by January 1, 1994.
    After June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution that are not
subject to Section 39.5 of this Act and are not required to
have a federally enforceable State operating permit shall be
required to be renewed only upon written request by the Agency
consistent with applicable provisions of this Act and its
rules. Such operating permits shall expire 180 days after the
date of such a request. Before July 1, 1998, the Board shall
revise its rules for the existing State air pollution
operating permit program consistent with this paragraph and
shall adopt rules that require a source to demonstrate that it
qualifies for a permit under this paragraph.
    (b) The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the Federal
Water Pollution Control Act, as now or hereafter amended,
within the jurisdiction of the State, or into any well.
    All NPDES permits shall contain those terms and
conditions, including, but not limited to, schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act.
    The Agency may issue general NPDES permits for discharges
from categories of point sources which are subject to the same
permit limitations and conditions. Such general permits may be
issued without individual applications and shall conform to
regulations promulgated under Section 402 of the Federal Water
Pollution Control Act, as now or hereafter amended.
    The Agency may include, among such conditions, effluent
limitations and other requirements established under this Act,
Board regulations, the Federal Water Pollution Control Act, as
now or hereafter amended, and regulations pursuant thereto,
and schedules for achieving compliance therewith at the
earliest reasonable date.
    The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
    The Agency, subject to any conditions which may be
prescribed by Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act or
by regulations of the Board without the requirement of a
variance, subject to the Federal Water Pollution Control Act,
as now or hereafter amended, and regulations pursuant thereto.
    (c) Except for those facilities owned or operated by
sanitary districts organized under the Metropolitan Water
Reclamation District Act, no permit for the development or
construction of a new pollution control facility may be
granted by the Agency unless the applicant submits proof to
the Agency that the location of the facility has been approved
by the county board County Board of the county if in an
unincorporated area, or the governing body of the municipality
when in an incorporated area, in which the facility is to be
located in accordance with Section 39.2 of this Act. For
purposes of this subsection (c), and for purposes of Section
39.2 of this Act, the appropriate county board or governing
body of the municipality shall be the county board of the
county or the governing body of the municipality in which the
facility is to be located as of the date when the application
for siting approval is filed.
    In the event that siting approval granted pursuant to
Section 39.2 has been transferred to a subsequent owner or
operator, that subsequent owner or operator may apply to the
Agency for, and the Agency may grant, a development or
construction permit for the facility for which local siting
approval was granted. Upon application to the Agency for a
development or construction permit by that subsequent owner or
operator, the permit applicant shall cause written notice of
the permit application to be served upon the appropriate
county board or governing body of the municipality that
granted siting approval for that facility and upon any party
to the siting proceeding pursuant to which siting approval was
granted. In that event, the Agency shall conduct an evaluation
of the subsequent owner or operator's prior experience in
waste management operations in the manner conducted under
subsection (i) of Section 39 of this Act.
    Beginning August 20, 1993, if the pollution control
facility consists of a hazardous or solid waste disposal
facility for which the proposed site is located in an
unincorporated area of a county with a population of less than
100,000 and includes all or a portion of a parcel of land that
was, on April 1, 1993, adjacent to a municipality having a
population of less than 5,000, then the local siting review
required under this subsection (c) in conjunction with any
permit applied for after that date shall be performed by the
governing body of that adjacent municipality rather than the
county board of the county in which the proposed site is
located; and for the purposes of that local siting review, any
references in this Act to the county board shall be deemed to
mean the governing body of that adjacent municipality;
provided, however, that the provisions of this paragraph shall
not apply to any proposed site which was, on April 1, 1993,
owned in whole or in part by another municipality.
    In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency prior to
August 31, 1989 for any portion of the facility, then the
Agency may not issue or renew any development permit nor issue
an original operating permit for any portion of such facility
unless the applicant has submitted proof to the Agency that
the location of the facility has been approved by the
appropriate county board or municipal governing body pursuant
to Section 39.2 of this Act.
    After January 1, 1994, if a solid waste disposal facility,
any portion for which an operating permit has been issued by
the Agency, has not accepted waste disposal for 5 or more
consecutive calendar calendars years, before that facility may
accept any new or additional waste for disposal, the owner and
operator must obtain a new operating permit under this Act for
that facility unless the owner and operator have applied to
the Agency for a permit authorizing the temporary suspension
of waste acceptance. The Agency may not issue a new operation
permit under this Act for the facility unless the applicant
has submitted proof to the Agency that the location of the
facility has been approved or re-approved by the appropriate
county board or municipal governing body under Section 39.2 of
this Act after the facility ceased accepting waste.
    Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil fuel mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
    Before beginning construction on any new sewage treatment
plant or sludge drying site to be owned or operated by a
sanitary district organized under the Metropolitan Water
Reclamation District Act for which a new permit (rather than
the renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be
located, or within the nearest community if the proposed
facility is to be located within an unincorporated area, at
which information concerning the proposed facility shall be
made available to the public, and members of the public shall
be given the opportunity to express their views concerning the
proposed facility.
    The Agency may issue a permit for a municipal waste
transfer station without requiring approval pursuant to
Section 39.2 provided that the following demonstration is
made:
        (1) the municipal waste transfer station was in
    existence on or before January 1, 1979 and was in
    continuous operation from January 1, 1979 to January 1,
    1993;
        (2) the operator submitted a permit application to the
    Agency to develop and operate the municipal waste transfer
    station during April of 1994;
        (3) the operator can demonstrate that the county board
    of the county, if the municipal waste transfer station is
    in an unincorporated area, or the governing body of the
    municipality, if the station is in an incorporated area,
    does not object to resumption of the operation of the
    station; and
        (4) the site has local zoning approval.
    (d) The Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for
the treatment, storage, or disposal of hazardous waste as
defined under this Act. Subsection (y) of this Section, rather
than this subsection (d), shall apply to permits issued for
CCR surface impoundments.
    All RCRA permits shall contain those terms and conditions,
including, but not limited to, schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Resource Conservation and Recovery Act
of 1976 (P.L. 94-580), as amended, and regulations pursuant
thereto, and may include schedules for achieving compliance
therewith as soon as possible. The Agency shall require that a
performance bond or other security be provided as a condition
for the issuance of a RCRA permit.
    In the case of a permit to operate a hazardous waste or PCB
incinerator as defined in subsection (k) of Section 44, the
Agency shall require, as a condition of the permit, that the
operator of the facility perform such analyses of the waste to
be incinerated as may be necessary and appropriate to ensure
the safe operation of the incinerator.
    The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, and
regulations pursuant thereto.
    The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
    (e) The Agency may issue UIC permits exclusively under
this subsection to persons owning or operating a facility for
the underground injection of contaminants as defined under
this Act.
    All UIC permits shall contain those terms and conditions,
including, but not limited to, schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
as amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith. The Agency shall
require that a performance bond or other security be provided
as a condition for the issuance of a UIC permit.
    The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
    The applicant shall make available to the public for
inspection, all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
    (f) In making any determination pursuant to Section 9.1 of
this Act:
        (1) The Agency shall have authority to make the
    determination of any question required to be determined by
    the Clean Air Act, as now or hereafter amended, this Act,
    or the regulations of the Board, including the
    determination of the Lowest Achievable Emission Rate,
    Maximum Achievable Control Technology, or Best Available
    Control Technology, consistent with the Board's
    regulations, if any.
        (2) The Agency shall adopt requirements as necessary
    to implement public participation procedures, including,
    but not limited to, public notice, comment, and an
    opportunity for hearing, which must accompany the
    processing of applications for PSD permits. The Agency
    shall briefly describe and respond to all significant
    comments on the draft permit raised during the public
    comment period or during any hearing. The Agency may group
    related comments together and provide one unified response
    for each issue raised.
        (3) Any complete permit application submitted to the
    Agency under this subsection for a PSD permit shall be
    granted or denied by the Agency not later than one year
    after the filing of such completed application.
        (4) The Agency shall, after conferring with the
    applicant, give written notice to the applicant of its
    proposed decision on the application, including the terms
    and conditions of the permit to be issued and the facts,
    conduct, or other basis upon which the Agency will rely to
    support its proposed action.
    (g) The Agency shall include as conditions upon all
permits issued for hazardous waste disposal sites such
restrictions upon the future use of such sites as are
reasonably necessary to protect public health and the
environment, including permanent prohibition of the use of
such sites for purposes which may create an unreasonable risk
of injury to human health or to the environment. After
administrative and judicial challenges to such restrictions
have been exhausted, the Agency shall file such restrictions
of record in the Office of the Recorder of the county in which
the hazardous waste disposal site is located.
    (h) A hazardous waste stream may not be deposited in a
permitted hazardous waste site unless specific authorization
is obtained from the Agency by the generator and disposal site
owner and operator for the deposit of that specific hazardous
waste stream. The Agency may grant specific authorization for
disposal of hazardous waste streams only after the generator
has reasonably demonstrated that, considering technological
feasibility and economic reasonableness, the hazardous waste
cannot be reasonably recycled for reuse, nor incinerated or
chemically, physically or biologically treated so as to
neutralize the hazardous waste and render it nonhazardous. In
granting authorization under this Section, the Agency may
impose such conditions as may be necessary to accomplish the
purposes of the Act and are consistent with this Act and
regulations promulgated by the Board hereunder. If the Agency
refuses to grant authorization under this Section, the
applicant may appeal as if the Agency refused to grant a
permit, pursuant to the provisions of subsection (a) of
Section 40 of this Act. For purposes of this subsection (h),
the term "generator" has the meaning given in Section 3.205 of
this Act, unless: (1) the hazardous waste is treated,
incinerated, or partially recycled for reuse prior to
disposal, in which case the last person who treats,
incinerates, or partially recycles the hazardous waste prior
to disposal is the generator; or (2) the hazardous waste is
from a response action, in which case the person performing
the response action is the generator. This subsection (h) does
not apply to any hazardous waste that is restricted from land
disposal under 35 Ill. Adm. Code 728.
    (i) Before issuing any RCRA permit, any permit for a waste
storage site, sanitary landfill, waste disposal site, waste
transfer station, waste treatment facility, waste incinerator,
or any waste-transportation operation, any permit or interim
authorization for a clean construction or demolition debris
fill operation, or any permit required under subsection (d-5)
of Section 55, the Agency shall conduct an evaluation of the
prospective owner's or operator's prior experience in waste
management operations, clean construction or demolition debris
fill operations, and tire storage site management. The Agency
may deny such a permit, or deny or revoke interim
authorization, if the prospective owner or operator or any
employee or officer of the prospective owner or operator has a
history of:
        (1) repeated violations of federal, State, or local
    laws, regulations, standards, or ordinances in the
    operation of waste management facilities or sites, clean
    construction or demolition debris fill operation
    facilities or sites, or tire storage sites; or
        (2) conviction in this or another State of any crime
    which is a felony under the laws of this State, or
    conviction of a felony in a federal court; or conviction
    in this or another state or federal court of any of the
    following crimes: forgery, official misconduct, bribery,
    perjury, or knowingly submitting false information under
    any environmental law, regulation, or permit term or
    condition; or
        (3) proof of gross carelessness or incompetence in
    handling, storing, processing, transporting or disposing
    of waste, clean construction or demolition debris, or used
    or waste tires, or proof of gross carelessness or
    incompetence in using clean construction or demolition
    debris as fill.
    (i-5) Before issuing any permit or approving any interim
authorization for a clean construction or demolition debris
fill operation in which any ownership interest is transferred
between January 1, 2005, and the effective date of the
prohibition set forth in Section 22.52 of this Act, the Agency
shall conduct an evaluation of the operation if any previous
activities at the site or facility may have caused or allowed
contamination of the site. It shall be the responsibility of
the owner or operator seeking the permit or interim
authorization to provide to the Agency all of the information
necessary for the Agency to conduct its evaluation. The Agency
may deny a permit or interim authorization if previous
activities at the site may have caused or allowed
contamination at the site, unless such contamination is
authorized under any permit issued by the Agency.
    (j) The issuance under this Act of a permit to engage in
the surface mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply with
any applicable local law regulating the commencement, location
or operation of surface mining facilities.
    (k) A development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have a
permit under subsection (d) of Section 21 shall expire at the
end of 2 calendar years from the date upon which it was issued,
unless within that period the applicant has taken action to
develop the facility or the site. In the event that review of
the conditions of the development permit is sought pursuant to
Section 40 or 41, or permittee is prevented from commencing
development of the facility or site by any other litigation
beyond the permittee's control, such two-year period shall be
deemed to begin on the date upon which such review process or
litigation is concluded.
    (l) No permit shall be issued by the Agency under this Act
for construction or operation of any facility or site located
within the boundaries of any setback zone established pursuant
to this Act, where such construction or operation is
prohibited.
    (m) The Agency may issue permits to persons owning or
operating a facility for composting landscape waste. In
granting such permits, the Agency may impose such conditions
as may be necessary to accomplish the purposes of this Act, and
as are not inconsistent with applicable regulations
promulgated by the Board. Except as otherwise provided in this
Act, a bond or other security shall not be required as a
condition for the issuance of a permit. If the Agency denies
any permit pursuant to this subsection, the Agency shall
transmit to the applicant within the time limitations of this
subsection specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include
but not be limited to the following:
        (1) the Sections of this Act that may be violated if
    the permit were granted;
        (2) the specific regulations promulgated pursuant to
    this Act that may be violated if the permit were granted;
        (3) the specific information, if any, the Agency deems
    the applicant did not provide in its application to the
    Agency; and
        (4) a statement of specific reasons why the Act and
    the regulations might be violated if the permit were
    granted.
    If no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for a permit may
waive the 90-day limitation by filing a written statement with
the Agency.
    The Agency shall issue permits for such facilities upon
receipt of an application that includes a legal description of
the site, a topographic map of the site drawn to the scale of
200 feet to the inch or larger, a description of the operation,
including the area served, an estimate of the volume of
materials to be processed, and documentation that:
        (1) the facility includes a setback of at least 200
    feet from the nearest potable water supply well;
        (2) the facility is located outside the boundary of
    the 10-year floodplain or the site will be floodproofed;
        (3) the facility is located so as to minimize
    incompatibility with the character of the surrounding
    area, including at least a 200 foot setback from any
    residence, and in the case of a facility that is developed
    or the permitted composting area of which is expanded
    after November 17, 1991, the composting area is located at
    least 1/8 mile from the nearest residence (other than a
    residence located on the same property as the facility);
        (4) the design of the facility will prevent any
    compost material from being placed within 5 feet of the
    water table, will adequately control runoff from the site,
    and will collect and manage any leachate that is generated
    on the site;
        (5) the operation of the facility will include
    appropriate dust and odor control measures, limitations on
    operating hours, appropriate noise control measures for
    shredding, chipping and similar equipment, management
    procedures for composting, containment and disposal of
    non-compostable wastes, procedures to be used for
    terminating operations at the site, and recordkeeping
    sufficient to document the amount of materials received,
    composted and otherwise disposed of; and
        (6) the operation will be conducted in accordance with
    any applicable rules adopted by the Board.
    The Agency shall issue renewable permits of not longer
than 10 years in duration for the composting of landscape
wastes, as defined in Section 3.155 of this Act, based on the
above requirements.
    The operator of any facility permitted under this
subsection (m) must submit a written annual statement to the
Agency on or before April 1 of each year that includes an
estimate of the amount of material, in tons, received for
composting.
    (n) The Agency shall issue permits jointly with the
Department of Transportation for the dredging or deposit of
material in Lake Michigan in accordance with Section 18 of the
Rivers, Lakes, and Streams Act.
    (o) (Blank.)
    (p) (1) Any person submitting an application for a permit
for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of this Act for an existing MSWLF
unit that has not received and is not subject to local siting
approval under Section 39.2 of this Act shall publish notice
of the application in a newspaper of general circulation in
the county in which the MSWLF unit is or is proposed to be
located. The notice must be published at least 15 days before
submission of the permit application to the Agency. The notice
shall state the name and address of the applicant, the
location of the MSWLF unit or proposed MSWLF unit, the nature
and size of the MSWLF unit or proposed MSWLF unit, the nature
of the activity proposed, the probable life of the proposed
activity, the date the permit application will be submitted,
and a statement that persons may file written comments with
the Agency concerning the permit application within 30 days
after the filing of the permit application unless the time
period to submit comments is extended by the Agency.
    When a permit applicant submits information to the Agency
to supplement a permit application being reviewed by the
Agency, the applicant shall not be required to reissue the
notice under this subsection.
    (2) The Agency shall accept written comments concerning
the permit application that are postmarked no later than 30
days after the filing of the permit application, unless the
time period to accept comments is extended by the Agency.
    (3) Each applicant for a permit described in part (1) of
this subsection shall file a copy of the permit application
with the county board or governing body of the municipality in
which the MSWLF unit is or is proposed to be located at the
same time the application is submitted to the Agency. The
permit application filed with the county board or governing
body of the municipality shall include all documents submitted
to or to be submitted to the Agency, except trade secrets as
determined under Section 7.1 of this Act. The permit
application and other documents on file with the county board
or governing body of the municipality shall be made available
for public inspection during regular business hours at the
office of the county board or the governing body of the
municipality and may be copied upon payment of the actual cost
of reproduction.
    (q) Within 6 months after July 12, 2011 (the effective
date of Public Act 97-95), the Agency, in consultation with
the regulated community, shall develop a web portal to be
posted on its website for the purpose of enhancing review and
promoting timely issuance of permits required by this Act. At
a minimum, the Agency shall make the following information
available on the web portal:
        (1) Checklists and guidance relating to the completion
    of permit applications, developed pursuant to subsection
    (s) of this Section, which may include, but are not
    limited to, existing instructions for completing the
    applications and examples of complete applications. As the
    Agency develops new checklists and develops guidance, it
    shall supplement the web portal with those materials.
        (2) Within 2 years after July 12, 2011 (the effective
    date of Public Act 97-95), permit application forms or
    portions of permit applications that can be completed and
    saved electronically, and submitted to the Agency
    electronically with digital signatures.
        (3) Within 2 years after July 12, 2011 (the effective
    date of Public Act 97-95), an online tracking system where
    an applicant may review the status of its pending
    application, including the name and contact information of
    the permit analyst assigned to the application. Until the
    online tracking system has been developed, the Agency
    shall post on its website semi-annual permitting
    efficiency tracking reports that include statistics on the
    timeframes for Agency action on the following types of
    permits received after July 12, 2011 (the effective date
    of Public Act 97-95): air construction permits, new NPDES
    permits and associated water construction permits, and
    modifications of major NPDES permits and associated water
    construction permits. The reports must be posted by
    February 1 and August 1 each year and shall include:
            (A) the number of applications received for each
        type of permit, the number of applications on which
        the Agency has taken action, and the number of
        applications still pending; and
            (B) for those applications where the Agency has
        not taken action in accordance with the timeframes set
        forth in this Act, the date the application was
        received and the reasons for any delays, which may
        include, but shall not be limited to, (i) the
        application being inadequate or incomplete, (ii)
        scientific or technical disagreements with the
        applicant, USEPA, or other local, state, or federal
        agencies involved in the permitting approval process,
        (iii) public opposition to the permit, or (iv) Agency
        staffing shortages. To the extent practicable, the
        tracking report shall provide approximate dates when
        cause for delay was identified by the Agency, when the
        Agency informed the applicant of the problem leading
        to the delay, and when the applicant remedied the
        reason for the delay.
    (r) Upon the request of the applicant, the Agency shall
notify the applicant of the permit analyst assigned to the
application upon its receipt.
    (s) The Agency is authorized to prepare and distribute
guidance documents relating to its administration of this
Section and procedural rules implementing this Section.
Guidance documents prepared under this subsection shall not be
considered rules and shall not be subject to the Illinois
Administrative Procedure Act. Such guidance shall not be
binding on any party.
    (t) Except as otherwise prohibited by federal law or
regulation, any person submitting an application for a permit
may include with the application suggested permit language for
Agency consideration. The Agency is not obligated to use the
suggested language or any portion thereof in its permitting
decision. If requested by the permit applicant, the Agency
shall meet with the applicant to discuss the suggested
language.
    (u) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the draft permit
prior to any public review period.
    (v) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the final permit
prior to its issuance.
    (w) An air pollution permit shall not be required due to
emissions of greenhouse gases, as specified by Section 9.15 of
this Act.
    (x) If, before the expiration of a State operating permit
that is issued pursuant to subsection (a) of this Section and
contains federally enforceable conditions limiting the
potential to emit of the source to a level below the major
source threshold for that source so as to exclude the source
from the Clean Air Act Permit Program, the Agency receives a
complete application for the renewal of that permit, then all
of the terms and conditions of the permit shall remain in
effect until final administrative action has been taken on the
application for the renewal of the permit.
    (y) The Agency may issue permits exclusively under this
subsection to persons owning or operating a CCR surface
impoundment subject to Section 22.59.
    (z) If a mass animal mortality event is declared by the
Department of Agriculture in accordance with the Animal
Mortality Act:
        (1) the owner or operator responsible for the disposal
    of dead animals is exempted from the following:
            (i) obtaining a permit for the construction,
        installation, or operation of any type of facility or
        equipment issued in accordance with subsection (a) of
        this Section;
            (ii) obtaining a permit for open burning in
        accordance with the rules adopted by the Board; and
            (iii) registering the disposal of dead animals as
        an eligible small source with the Agency in accordance
        with Section 9.14 of this Act;
        (2) as applicable, the owner or operator responsible
    for the disposal of dead animals is required to obtain the
    following permits:
            (i) an NPDES permit in accordance with subsection
        (b) of this Section;
            (ii) a PSD permit or an NA NSR permit in accordance
        with Section 9.1 of this Act;
            (iii) a lifetime State operating permit or a
        federally enforceable State operating permit, in
        accordance with subsection (a) of this Section; or
            (iv) a CAAPP permit, in accordance with Section
        39.5 of this Act.
    All CCR surface impoundment permits shall contain those
terms and conditions, including, but not limited to, schedules
of compliance, which may be required to accomplish the
purposes and provisions of this Act, Board regulations, the
Illinois Groundwater Protection Act and regulations pursuant
thereto, and the Resource Conservation and Recovery Act and
regulations pursuant thereto, and may include schedules for
achieving compliance therewith as soon as possible.
    The Board shall adopt filing requirements and procedures
that are necessary and appropriate for the issuance of CCR
surface impoundment permits and that are consistent with this
Act or regulations adopted by the Board, and with the RCRA, as
amended, and regulations pursuant thereto.
    The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, on its public internet website as well as at the
office of the county board or governing body of the
municipality where CCR from the CCR surface impoundment will
be permanently disposed. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office.
    The Agency shall issue a written statement concurrent with
its grant or denial of the permit explaining the basis for its
decision.
(Source: P.A. 101-171, eff. 7-30-19; revised 9-12-19.)
 
    Section 15. The Criminal Code of 2012 is amended by
changing Section 48-7 as follows:
 
    (720 ILCS 5/48-7)
    Sec. 48-7. Feeding garbage to animals.
    (a) Definitions. As used in this Section:
        "Department" means the Department of Agriculture of
    the State of Illinois.
        "Garbage" has the same meaning as in the federal Swine
    Health Protection Act (7 U.S.C. 3802) and also includes
    putrescible vegetable waste. "Garbage" does not include
    the contents of the bovine digestive tract.
        "Person" means any person, firm, partnership,
    association, corporation, or other legal entity, any
    public or private institution, the State, or any municipal
    corporation or political subdivision of the State.
    (b) A person commits feeding garbage to animals when he or
she feeds or permits the feeding of garbage to swine or any
animals or poultry on any farm or any other premises where
swine are kept.
    (c) Establishments licensed under the Animal Mortality Act
Illinois Dead Animal Disposal Act or under similar laws in
other states are exempt from the provisions of this Section.
    (d) Nothing in this Section shall be construed to apply to
any person who feeds garbage produced in his or her own
household to animals or poultry kept on the premises where he
or she resides except this garbage if fed to swine shall not
contain particles of meat.
    (e) Sentence. Feeding garbage to animals is a Class B
misdemeanor, and for the first offense shall be fined not less
than $100 nor more than $500 and for a second or subsequent
offense shall be fined not less than $200 nor more than $500 or
imprisoned in a penal institution other than the penitentiary
for not more than 6 months, or both.
    (f) A person violating this Section may be enjoined by the
Department from continuing the violation.
    (g) The Department may make reasonable inspections
necessary for the enforcement of this Section, and is
authorized to enforce, and administer the provisions of this
Section.
(Source: P.A. 97-1108, eff. 1-1-13; 98-785, eff. 1-1-15.)