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Public Act 096-0887 |
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AN ACT concerning safety.
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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 Environmental Protection Act is amended by | ||||
changing Section 3.330 and by adding Section 39.8 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
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 accepting | ||
exclusively general
construction or demolition debris, | ||
located in a county with a population over
700,000 as of | ||
January 1, 2000, and 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-petruscible 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-petruscible 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; | ||
and
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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 ; and | ||
(19) 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 the effective date of this | ||
amendatory Act of the 96th General Assembly .
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(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. 94-94, eff. 7-1-05; 94-249, eff. 7-19-05; 94-824, | ||
eff. 6-2-06; 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; 95-331, | ||
eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. 8-21-08.)
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(415 ILCS 5/39.8 new) | ||
Sec. 39.8. Gasification conversion technology | ||
demonstration permit. | ||
(a) The purpose of this Section is to provide for the | ||
permitting and limited testing of gasification conversion | ||
technologies on a pilot scale basis. |
(b) For purposes of this Section: | ||
"Gasification conversion technology" or "GCT" means | ||
the process of applying heat to municipal waste, chicken | ||
litter, distillers grain, or switchgrass in order to | ||
convert these materials into a synthetic gas ("syngas") | ||
that meets specifications for use as a fuel for the | ||
generation of electricity. To qualify as a GCT, the process | ||
must not continuously operate at temperatures exceeding an | ||
hourly average of 1,400 degrees Fahrenheit in the gasifier | ||
unit, must not use fossil fuels in the gasifier unit, and | ||
must be designed to produce more energy than it consumes. | ||
"GCTDP" means a gasification conversion technology | ||
demonstration permit issued by the Agency under this | ||
Section. | ||
(c) The Agency may, under the authority of subsection (b) | ||
of Section 9 and subsection (a) of Section 39 of the Act, issue | ||
a GCTDP to an applicant for limited field testing of a GCT in | ||
order to demonstrate that the GCT can reliably produce syngas | ||
meeting specifications for its use as fuel for the generation | ||
of electricity. The GCTDP shall be subject to all of the | ||
following conditions: | ||
(1) The GCTDP shall be for a period not to exceed 180 | ||
consecutive calendar days from the date of issuance of the | ||
permit. | ||
(2) The applicant for a GCTDP must demonstrate that, | ||
during the permit period, the GCT will not emit more than |
500 pounds, in the aggregate, of particulate matter, sulfur | ||
dioxide, organic materials, hydrogen chloride, and heavy | ||
metals. | ||
(3) The applicant for a GCTDP must perform emissions | ||
testing during the permit period, as required by the | ||
Agency, and submit the results of that testing to the | ||
Agency as specified in the GCTDP within 60 days after the | ||
completion of testing. | ||
(4) During the permit period the applicant may not | ||
process more than 10 tons per day, in the aggregate, of | ||
materials in the gasification process. The applicant may | ||
not store on site more than 10 tons, in the aggregate, of | ||
waste and other materials of the types set forth in | ||
subsection (b) of this Section. | ||
(5) In addition to the GCTDP, the applicant must obtain | ||
applicable waste management permits in accordance with | ||
subsection (d) of Section 21 and subsection (a) of Section | ||
39 before receiving waste at the facility. All waste | ||
received at the facility must be managed in accordance with | ||
the Act, the waste management permits, and applicable | ||
regulations adopted pursuant to Section 22 of the Act. | ||
(6) The applicant must demonstrate that the proposed | ||
project meets the criteria defining a GCT in subsection (b) | ||
of this Section. | ||
(7) The applicant for a GCTDP shall submit application | ||
fees in accordance with subsection (c) of Section 9.12 of |
the Act, excluding the fees under subparagraph (B) of | ||
paragraph (2) of subsection (c) of that Section. | ||
(8) A complete application for a GCTDP must be filed in | ||
accordance with this Section and submitted to the Agency | ||
prior to one year from the effective date of this | ||
amendatory Act of the 96th General Assembly. | ||
(9) The GCTDP shall not be granted for use in a | ||
nonattainment area.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |