Illinois General Assembly - Full Text of Public Act 096-0887
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Public Act 096-0887




Public Act 096-0887
HB2688 Enrolled LRB096 08048 KTG 18154 b

    AN ACT concerning safety.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Environmental Protection Act is amended by
changing Section 3.330 and by adding Section 39.8 as follows:
    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
    Sec. 3.330. Pollution control facility.
    (a) "Pollution control facility" is any waste storage site,
sanitary landfill, waste disposal site, waste transfer
station, waste treatment facility, or waste incinerator. This
includes sewers, sewage treatment plants, and any other
facilities owned or operated by sanitary districts organized
under the Metropolitan Water Reclamation District Act.
    The following are not pollution control facilities:
        (1) (blank);
        (2) waste storage sites regulated under 40 CFR, Part
        (3) sites or facilities used by any person conducting a
    waste storage, waste treatment, waste disposal, waste
    transfer or waste incineration operation, or a combination
    thereof, for wastes generated by such person's own
    activities, when such wastes are stored, treated, disposed
    of, transferred or incinerated within the site or facility
    owned, controlled or operated by such person, or when such
    wastes are transported within or between sites or
    facilities owned, controlled or operated by such person;
        (4) sites or facilities at which the State is
    performing removal or remedial action pursuant to Section
    22.2 or 55.3;
        (5) abandoned quarries used solely for the disposal of
    concrete, earth materials, gravel, or aggregate debris
    resulting from road construction activities conducted by a
    unit of government or construction activities due to the
    construction and installation of underground pipes, lines,
    conduit or wires off of the premises of a public utility
    company which are conducted by a public utility;
        (6) sites or facilities used by any person to
    specifically conduct a landscape composting operation;
        (7) regional facilities as defined in the Central
    Midwest Interstate Low-Level Radioactive Waste Compact;
        (8) the portion of a site or facility where coal
    combustion wastes are stored or disposed of in accordance
    with subdivision (r)(2) or (r)(3) of Section 21;
        (9) the portion of a site or facility used for the
    collection, storage or processing of waste tires as defined
    in Title XIV;
        (10) the portion of a site or facility used for
    treatment of petroleum contaminated materials by
    application onto or incorporation into the soil surface and
    any portion of that site or facility used for storage of
    petroleum contaminated materials before treatment. Only
    those categories of petroleum listed in Section 57.9(a)(3)
    are exempt under this subdivision (10);
        (11) the portion of a site or facility where used oil
    is collected or stored prior to shipment to a recycling or
    energy recovery facility, provided that the used oil is
    generated by households or commercial establishments, and
    the site or facility is a recycling center or a business
    where oil or gasoline is sold at retail;
        (11.5) processing sites or facilities that receive
    only on-specification used oil, as defined in 35 Ill.
    Admin. Code 739, originating from used oil collectors for
    processing that is managed under 35 Ill. Admin. Code 739 to
    produce products for sale to off-site petroleum
    facilities, if these processing sites or facilities are:
    (i) located within a home rule unit of local government
    with a population of at least 30,000 according to the 2000
    federal census, that home rule unit of local government has
    been designated as an Urban Round II Empowerment Zone by
    the United States Department of Housing and Urban
    Development, and that home rule unit of local government
    has enacted an ordinance approving the location of the site
    or facility and provided funding for the site or facility;
    and (ii) in compliance with all applicable zoning
        (12) the portion of a site or facility utilizing coal
    combustion waste for stabilization and treatment of only
    waste generated on that site or facility when used in
    connection with response actions pursuant to the federal
    Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, the federal Resource Conservation
    and Recovery Act of 1976, or the Illinois Environmental
    Protection Act or as authorized by the Agency;
        (13) the portion of a site or facility 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;
        (15) the portion of a site or facility located in a
    county with a population over 3,000,000 that has obtained
    local siting approval under Section 39.2 of this Act for a
    municipal waste incinerator on or before July 1, 2005 and
    that is used for a non-hazardous waste transfer station;
        (16) a site or facility that temporarily holds in
    transit for 10 days or less, non-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;
        (17) the portion of a site or facility located in a
    county with a population greater than 3,000,000 that has
    obtained local siting approval, under Section 39.2 of this
    Act, for a municipal waste incinerator on or before July 1,
    2005 and that is used for wood combustion facilities for
    energy recovery that accept and burn only wood material, as
    included in a fuel specification approved by the Agency;
        (18) a transfer station used exclusively for landscape
    waste, including a transfer station where landscape waste
    is ground to reduce its volume, where the landscape waste
    is held no longer than 24 hours from the time it was
    received; 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.
    (b) A new pollution control facility is:
        (1) a pollution control facility initially permitted
    for development or construction after July 1, 1981; or
        (2) the area of expansion beyond the boundary of a
    currently permitted pollution control facility; or
        (3) a permitted pollution control facility requesting
    approval to store, dispose of, transfer or incinerate, for
    the first time, any special or hazardous waste.
(Source: P.A. 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.)
    (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
    (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
        (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
        (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.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 4/9/2010