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Public Act 102-0216 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(225 ILCS 610/1.1) (from Ch. 8, par. 149.1)
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Sec. 1.1. As used in this Act, unless the context | ||||
otherwise requires:
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(a) "Department" means the Department of Agriculture of | ||||
the State of
Illinois.
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(b) "Person" means any individual, firm, partnership,
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association, corporation or other business entity.
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(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.
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(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.
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(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.
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(f) "Permittee" means any person issued a vehicle permit | ||
under the
provisions
of this Act.
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(g) "Licensee" means any person licensed under the | ||
provisions of this Act.
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(h) "Rendering materials" means bodies or parts of bodies | ||
of dead animals,
poultry or fish, or used cooking grease and | ||
oils.
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(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.
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(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 .)
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(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.
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(225 ILCS 610/19a) (from Ch. 8, par. 167a)
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Sec. 19a.
This Act shall be known and may be cited as the | ||
Animal Mortality Act "Illinois
Dead Animal Disposal Act" .
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(Source: P.A. 83-760.)
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Section 10. The Environmental Protection Act is amended by |
changing Sections 3.330, 21, and 39 as follows:
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(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
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Sec. 3.330. Pollution control facility.
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(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.
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The following are not pollution control facilities:
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(1) (blank);
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(2) waste storage sites regulated under 40 CFR, Part | ||
761.42;
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(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;
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(4) sites or facilities at which the State is | ||
performing removal or
remedial action pursuant to Section | ||
22.2 or 55.3;
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(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;
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(6) sites or facilities used by any person to | ||
specifically conduct a
landscape composting operation;
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(7) regional facilities as defined in the Central | ||
Midwest Interstate
Low-Level Radioactive Waste Compact;
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(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;
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(9) the portion of a site or facility used for the | ||
collection,
storage or processing of waste tires as | ||
defined in Title XIV;
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(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
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of petroleum contaminated materials before treatment. Only | ||
those categories
of petroleum listed in Section
57.9(a)(3) | ||
are exempt under this subdivision (10);
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(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
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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;
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(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
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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;
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(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;
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(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;
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(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;
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(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;
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(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);
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(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:
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(1) a pollution control facility initially permitted | ||
for development or
construction after July 1, 1981; or
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(2) the area of expansion beyond the boundary of a | ||
currently permitted
pollution control facility; or
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(3) a permitted pollution control facility requesting | ||
approval to
store, dispose of, transfer or incinerate, for | ||
the first time, any special
or hazardous waste.
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(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.)
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(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
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Sec. 21. Prohibited acts. No person shall:
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(a) Cause or allow the open dumping of any waste.
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(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 .)
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