Public Act 90-0475 of the 90th General Assembly
Public Act 90-0475
HB1887 Enrolled LRB9003896DPmg
AN ACT concerning the environment, amending named Acts.
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 Sections 3.32, 3.78, 21, and 22.15 and adding
Sections 3.78a and 22.38 as follows:
(415 ILCS 5/3.32) (from Ch. 111 1/2, par. 1003.32)
Sec. 3.32. Pollution control facility.
(a) "Pollution control facility" is any waste storage
site, sanitary landfill, waste disposal site, waste transfer
station, waste treatment facility, or waste incinerator. This
includes sewers, sewage treatment plants, and any other
facilities owned or operated by sanitary districts organized
under the Metropolitan Water Reclamation District Act.
The following are not pollution control facilities:
(1) (Blank);
(2) waste storage sites regulated under 40 CFR,
Part 761.42;
(3) sites or facilities used by any person
conducting a waste storage, waste treatment, waste
disposal, waste transfer or waste incineration operation,
or a combination thereof, for wastes generated by such
person's own activities, when such wastes are stored,
treated, disposed of, transferred or incinerated within
the site or facility owned, controlled or operated by
such person, or when such wastes are transported within
or between sites or facilities owned, controlled or
operated by such person;
(4) sites or facilities at which the State is
performing removal or remedial action pursuant to Section
22.2 or 55.3;
(5) abandoned quarries used solely for the disposal
of concrete, earth materials, gravel, or aggregate debris
resulting from road construction activities conducted by
a unit of government or construction activities due to
the construction and installation of underground pipes,
lines, conduit or wires off of the premises of a public
utility company which are conducted by a public utility;
(6) sites or facilities used by any person to
specifically conduct a landscape composting operation;
(7) regional facilities as defined in the Central
Midwest Interstate Low-Level Radioactive Waste Compact;
(8) the portion of a site or facility where coal
combustion wastes are stored or disposed of in accordance
with subdivision (r)(2) or (r)(3) of Section 21;
(9) the portion of a site or facility used for the
collection, storage or processing of waste tires as
defined in Title XIV;
(10) the portion of a site or facility used for
treatment of petroleum contaminated materials by
application onto or incorporation into the soil surface
and any portion of that site or facility used for storage
of petroleum contaminated materials before treatment.
Only those categories of petroleum listed in paragraph
(5) of subsection (a) of Section 22.18b 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;
(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, and
operated and located in accordance with Section 22.38 of
this Act.
(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. 88-45; 88-681, eff. 12-22-94; 89-93, eff.
7-6-95.)
(415 ILCS 5/3.78) (from Ch. 111 1/2, par. 1003.78)
Sec. 3.78. "General Clean construction or demolition
debris" means non-hazardous, uncontaminated materials
resulting from the construction, remodeling, repair, and
demolition of utilities, structures, and roads, limited to
the following: bricks, concrete, and other masonry
materials; soil; rock; wood, including non-hazardous painted,
treated, and coated wood and wood products; wall coverings;
plaster; drywall; plumbing fixtures; non-asbestos insulation;
roofing shingles and other roof coverings; reclaimed asphalt
pavement; glass; plastics that are not sealed in a manner
that conceals waste; electrical wiring and components
containing no hazardous substances; and piping or metals
incidental to any of those materials broken concrete without
protruding metal bars, bricks, rock, stone, reclaimed asphalt
pavement or uncontaminated dirt or sand generated from
construction or demolition activities.
(Source: P.A. 86-633; 86-1028; 87-1171.)
(415 ILCS 5/3.78a new)
Sec. 3.78a. "Clean construction or demolition debris"
means uncontaminated broken concrete without protruding metal
bars, bricks, rock, stone, reclaimed asphalt pavement, or
dirt or sand generated from construction or demolition
activities. To the extent allowed by federal law, clean
construction or demolition debris shall not be considered
"waste" 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) separated
or processed and returned to the economic mainstream in the
form of raw materials or products, provided it is not
speculatively accumulated, or (iii) solely broken concrete
without protruding metal bars is used for erosion control.
(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
Sec. 21. No person shall:
(a) Cause or allow the open dumping of any waste.
(b) Abandon, dump, or deposit any waste upon the public
highways or other public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(c) Abandon any vehicle in violation of the "Abandoned
Vehicles Amendment to the Illinois Vehicle Code", as enacted
by the 76th General Assembly.
(d) Conduct any waste-storage, waste-treatment, or
waste-disposal operation:
(1) without a permit granted by the Agency or in
violation of any conditions imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; provided,
however, that, except for municipal solid waste landfill
units that receive waste on or after October 9, 1993, 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, 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; for a corporation organized under the
General Not For Profit Corporation Act of 1986, as now or
hereafter amended, or a predecessor Act, constructing a
land form in conformance with local zoning provisions,
within a municipality having a population of more than
1,000,000 inhabitants, with clean construction or
demolition debris generated within the municipality,
provided that the corporation has contracts for economic
development planning with the municipality; or
(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 Paragraph (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 a permit issued 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 or standards adopted thereunder; 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 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
a semiannual 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 sewage works or the
disposal or utilization of sludge from 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.
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
(2) applying landscape waste or composted landscape
waste at agronomic rates; 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 Agency may allow a higher percentage
for individual sites where the owner or operator has
demonstrated to the Agency that the site's soil
characteristics or crop needs require a higher rate;
(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, 1990
(or the January 1 following commencement of
operation, whichever is later) and January 1 of each
year thereafter, (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), (B) and (C) of this paragraph (q)(3), 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) 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 was placed more than 5 feet above the water
table.
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 Agency may allow a higher rate
for individual sites where the owner or operator has
demonstrated to the Agency 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 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.
(Source: P.A. 88-454; 88-496; 88-670, eff. 12-2-94; 89-93,
eff. 7-6-95; 89-535, eff. 7-19-96.)
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the "Solid Waste Management Fund"
constituted from the fees collected by the State pursuant to
this Section and from repayments of loans made from the Fund
for solid waste projects. Moneys received by the Department
of Commerce and Community Affairs in repayment of loans made
pursuant to the Illinois Solid Waste Management Act shall be
deposited into the Solid Waste Management Revolving Loan
Fund.
(b) On and after January 1, 1987, the Agency shall
assess and collect a fee in the amount set forth herein from
the owner or operator of each sanitary landfill permitted or
required to be permitted by the Agency to dispose of solid
waste if the sanitary landfill is located off the site where
such waste was produced and if such sanitary landfill is
owned, controlled, and operated by a person other than the
generator of such waste. The Agency shall deposit all fees
collected into the Solid Waste Management Fund. If a site is
contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the
fee under this subsection.
(1) If more than 150,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall
either pay a fee of 45 cents per cubic yard (60¢ per
cubic yard from January 1, 1989 through December 31,
1993), or alternatively the owner or operator may weigh
the quantity of the solid waste permanently disposed of
with a device for which certification has been obtained
under the Weights and Measures Act and pay a fee of 95
cents per ton ($1.27 per ton from January 1, 1989 through
December 31, 1993) of solid waste permanently disposed
of. An owner or operator that is subject to any fee, tax,
or surcharge imposed under the authority of subsection
(j) of this Section on September 26, 1991, with respect
to fees due to the Agency under this paragraph after
December 31, 1991 and before January 1, 1994, shall
deduct from the amount paid to the Agency the amount by
which the fee paid under subsection (j) exceeds 45 cents
per cubic yard or 95 cents per ton. In no case shall the
fee collected or paid by the owner or operator under this
paragraph exceed $1.05 per cubic yard or $2.22 per ton.
(2) If more than 100,000 cubic yards, but not more
than 150,000 cubic yards of non-hazardous waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $25,000 ($33,350 in
1989, 1990 and 1991).
(3) If more than 50,000 cubic yards, but not more
than 100,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $11,300 ($15,500 in
1989, 1990 and 1991).
(4) If more than 10,000 cubic yards, but not more
than 50,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $3,450 ($4,650 in
1989, 1990 and 1991).
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay
a fee of $500 ($650 in 1989, 1990 and 1991).
(c) From January 1, 1987 through December 31, 1988, the
fee set forth in this Section shall not apply to:
(1) Solid waste which is hazardous waste;
(2) Any landfill which is permitted by the Agency
to receive only demolition or construction debris or
landscape waste; or
(3) The following wastes:
(A) Foundry sand;
(B) Coal combustion by-product, including
scrubber waste and fluidized bed boiler waste which
does not contain metal cleaning waste;
(C) Slag from the manufacture of iron and
steel;
(D) Pollution Control Waste;
(E) Wastes from recycling, reclamation or
reuse processes designed to remove any contaminant
from wastes so as to render such wastes reusable,
provided that the process renders at least 50% of
the waste reusable;
(F) Non-hazardous solid waste that is received
at a sanitary landfill after January 1, 1987 and
recycled through a process permitted by the Agency.
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such
rules shall include, but not be limited to:
(1) necessary records identifying the quantities of
solid waste received or disposed;
(2) the form and submission of reports to accompany
the payment of fees to the Agency;
(3) the time and manner of payment of fees to the
Agency, which payments shall not be more often than
quarterly; and
(4) procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency and the
Department of Commerce and Community Affairs for the purposes
set forth in this Section and in the Illinois Solid Waste
Management Act, including for the costs of fee collection and
administration, and through June 30, 1989, by the University
of Illinois for research consistent with the Illinois Solid
Waste Management Act.
(f) The Agency is authorized to enter into such
agreements and to promulgate such rules as are necessary to
carry out its duties under this Section and the Illinois
Solid Waste Management Act.
(g) On the first day of January, April, July, and
October of each year, beginning on July 1, 1996, the State
Comptroller and Treasurer shall transfer $500,000 from the
Solid Waste Management Fund to the Hazardous Waste Fund.
Moneys transferred under this subsection (g) shall be used
only for the purposes set forth in item (1) of subsection (d)
of Section 22.2 of Commerce and Community Affairs of Commerce
and Community Affairs.
(h) The Agency is authorized to provide financial
assistance to units of local government for the performance
of inspecting, investigating and enforcement activities
pursuant to Section 4(r) at nonhazardous solid waste disposal
sites.
(i) The Agency is authorized to support the operations
of an industrial materials exchange service, and to conduct
household waste collection and disposal programs.
(j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge
with regard to the permanent disposal of solid waste. All
fees, taxes, and surcharges collected under this subsection
shall, to be utilized for solid waste management purposes,
including long-term monitoring and maintenance of landfills,
planning, implementation, inspection, enforcement and other
activities consistent with the Solid Waste Management Act and
the Local Solid Waste Disposal Act, or for any other
environment-related purpose, including but not limited to an
environment-related public works project, but not for the
construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee,
tax or surcharge imposed by all units of local government
under this subsection (j) upon the solid waste disposal
facility shall not exceed:
(1) 45¢ per cubic yard (60¢ per cubic yard
beginning January 1, 1992) if more than 150,000 cubic
yards of non-hazardous solid waste is permanently
disposed of at the site in a calendar year, unless the
owner or operator weighs the quantity of the solid waste
received with a device for which certification has been
obtained under the Weights and Measures Act, in which
case the fee shall not exceed 95¢ per ton ($1.27 per ton
beginning January 1, 1992) of solid waste permanently
disposed of.
(2) $25,000 ($33,350 beginning in 1992) if more
than 100,000 cubic yards, but not more than 150,000 cubic
yards, of non-hazardous waste is permanently disposed of
at the site in a calendar year.
(3) $11,300 ($15,500 beginning in 1992) if more
than 50,000 cubic yards, but not more than 100,000 cubic
yards, of non-hazardous solid waste is permanently
disposed of at the site in a calendar year.
(4) $3,450 ($4,650 beginning in 1992) if more than
10,000 cubic yards, but not more than 50,000 cubic yards,
of non-hazardous solid waste is permanently disposed of
at the site in a calendar year.
(5) $500 ($650 beginning in 1992) if not more than
10,000 cubic yards of non-hazardous solid waste is
permanently disposed of at the site in a calendar year.
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse
a highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped
on public property in violation of a State law or local
ordinance.
A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that
has been dumped on public property in violation of a State
law or local ordinance.
If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement
with the Agency pursuant to subsection (r) of Section 4. The
unit of local government and the Agency shall enter into such
a written delegation agreement within 60 days after the
establishment of such fees or August 23, 1988, whichever is
later. For the year commencing January 1, 1989, and at least
annually thereafter, the Agency shall conduct an audit of the
expenditures made by units of local government from the funds
granted by the Agency to the units of local government for
purposes of local sanitary landfill inspection and
enforcement programs, to ensure that the funds have been
expended for the prescribed purposes under the grant.
The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local
government in a separate fund, and the interest received on
the moneys in the fund shall be credited to the fund. The
monies in the fund may be accumulated over a period of years
to be expended in accordance with this subsection.
A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and distribute to the
Agency, in April of each year, a report that details spending
plans for monies collected in accordance with this
subsection. The report will at a minimum include the
following:
(1) The total monies collected pursuant to this
subsection.
(2) The most current balance of monies collected
pursuant to this subsection.
(3) An itemized accounting of all monies expended
for the previous year pursuant to this subsection.
(4) An estimation of monies to be collected for the
following 3 years pursuant to this subsection.
(5) A narrative detailing the general direction and
scope of future expenditures for one, 2 and 3 years.
The exemptions granted under Sections 22.16 and 22.16a,
and under subsections (c) and (k) of this Section, shall be
applicable to any fee, tax or surcharge imposed under this
subsection (j); except that the fee, tax or surcharge
authorized to be imposed under this subsection (j) may be
made applicable by a unit of local government to the
permanent disposal of solid waste after December 31, 1986,
under any contract lawfully executed before June 1, 1986
under which more than 150,000 cubic yards (or 50,000 tons) of
solid waste is to be permanently disposed of, even though the
waste is exempt from the fee imposed by the State under
subsection (b) of this Section pursuant to an exemption
granted under Section 22.16.
(k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1,
1989 the fee under subsection (b) and the fee, tax or
surcharge under subsection (j) shall not apply to:
(1) Waste which is hazardous waste; or
(2) Waste which is pollution control waste; or
(3) Waste from recycling, reclamation or reuse
processes which have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render such wastes reusable, provided that the process
renders at least 50% of the waste reusable; or
(4) Non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency; or
(5) Any landfill which is permitted by the Agency
to receive only demolition or construction debris or
landscape waste.
(Source: P.A. 88-474; 89-93, eff. 7-6-95; 89-443, eff.
7-1-96; 89-445, eff. 2-7-96; revised 3-19-96.)
(415 ILCS 5/22.38 new)
Sec. 22.38. Facilities accepting exclusively general
construction or demolition debris for transfer, storage, or
treatment.
(a) Facilities accepting exclusively general
construction or demolition debris for transfer, storage, or
treatment shall be subject to local zoning, ordinance, and
land use requirements. Those facilities shall be located in
accordance with local zoning requirements or, in the absence
of local zoning requirements, shall be located so that no
part of the facility boundary is closer than 1,320 feet from
the nearest property zoned for primarily residential use.
(b) An owner or operator of a facility accepting
exclusively general construction or demolition debris for
transfer, storage, or treatment shall:
(1) within 48 hours of receipt of the general
construction or demolition debris at the facility, sort
the general construction or demolition debris to separate
the recyclable general construction or demolition debris
from non-recyclable general construction or demolition
debris to be disposed of or discarded;
(2) transport off site for disposal all
non-recyclable general construction or demolition debris
in accordance with all applicable federal, State, and
local requirements within 72 hours of its receipt at the
facility;
(3) limit the percentage of incoming non-recyclable
general construction or demolition debris to 25% or less
of the total incoming general construction or demolition
debris, as calculated on a daily basis;
(4) transport all non-putrescible recyclable
general construction or demolition debris for recycling
or disposal within 6 months of its receipt at the
facility;
(5) transport all putrescible or combustible
recyclable general construction or demolition debris for
recycling or disposal within 45 days of its receipt at
the facility;
(6) employ tagging and recordkeeping procedures to
(i) demonstrate compliance with this Section and (ii)
identify the source and transporter of material accepted
by the facility;
(7) control odor, noise, combustion of materials,
disease vectors, dust, and litter;
(8) control, manage, and dispose of any storm water
runoff and leachate generated at the facility in
accordance with applicable federal, State, and local
requirements;
(9) control access to the facility;
(10) comply with all applicable federal, State, or
local requirements for the handling, storage,
transportation, or disposal of asbestos-containing
material or other material accepted at the facility that
is not general construction or demolition debris; and
(11) submit to the Agency at least 30 days prior to
the initial acceptance of general construction or
demolition debris at the facility, on forms provided by
the Agency, the following information:
(A) the name, address, and telephone number of
both the facility owner and operator;
(B) the street address and location of the
facility;
(C) a description of facility operations;
(D) a description of the tagging and
recordkeeping procedures the facility will employ to
(i) demonstrate compliance with this Section and
(ii) identify the source and transporter of any
material accepted by the facility;
(E) the name and location of the disposal site
to be used for the transportation and disposal of
non-recyclable materials accepted at the facility;
(F) the name and location of an individual,
facility, or business to which recyclable materials
will be transported; and
(G) other information as specified on the form
provided by the Agency.
When any of the information contained or processes
described in the initial notification form submitted to
the Agency changes, the owner and operator shall submit
an updated form within 14 days of the change.
(c) For purposes of this Section, the term "recyclable
general construction or demolition debris" means general
construction or demolition debris that has been rendered
reusable and is reused or that would otherwise be disposed of
or discarded but is collected, separated, or processed and
returned to the economic mainstream in the form of raw
materials or products. "Recyclable general construction or
demolition debris" does not include general construction or
demolition debris processed for use as fuel, incinerated,
burned, buried, or otherwise used as fill material.
(d) For purposes of this Section, "treatment" means
processing designed to alter the physical nature of the
general construction or demolition debris, including but not
limited to size reduction, crushing, grinding, or
homogenization, but does not include processing designed to
change the chemical nature of the general construction or
demolition debris.
Section 10. The Illinois Vehicle Code is amended by
changing Sections 13B-15, 13B-25, and 13B-30 as follows:
(625 ILCS 5/13B-15)
Sec. 13B-15. Inspections.
(a) Beginning with the implementation of the program
required by this Chapter January 1, 1995, every motor vehicle
that is owned by a resident of an affected county, other than
a vehicle that is exempt under subsection (f) or (g), is
subject to inspection under the program.
The Agency shall send notice of the assigned inspection
month, at least 15 days before the beginning of the assigned
month, to the owner of each vehicle subject to the program.
For a vehicle that was subject to inspection before the
effective date of this amendatory Act of 1994 and for which
an initial inspection sticker or initial inspection
certificate has already been issued, the month to be assigned
by the Agency for that vehicle shall not be earlier than the
current assigned month, unless so requested by the owner. If
the assigned month is later than the current assigned month,
the Agency shall issue either a corrected inspection sticker
or corrected certificate for that vehicle.
Initial emission inspection stickers or initial
inspection certificates, as the case may be, expire on the
last day of the third month following the month assigned by
the Agency for the first inspection of the vehicle. Renewal
inspection stickers or certificates expire on the last day of
the third month following the month assigned for inspection
in the year in which the vehicle's next inspection is
required.
The Agency or its agent may issue an interim emission
inspection sticker or certificate for any vehicle subject to
inspection that does not have a currently valid emission
inspection sticker or certificate at the time the Agency is
notified by the Secretary of State of its registration by a
new owner, and for which an initial emission inspection
sticker or certificate has already been issued. Interim
emission inspection stickers or certificates expire no later
than the last day of the sixth complete calendar month after
the date the Agency issued the interim emission inspection
sticker or certificate.
The owner of each vehicle subject to inspection shall
obtain an emission inspection sticker or certificate for the
vehicle in accordance with this subsection. Before the
expiration of the emission inspection sticker or certificate,
the owner shall have the vehicle inspected and, upon
demonstration of compliance, obtain a renewal emission
inspection sticker or certificate. A renewal emission
inspection sticker or certificate shall not be issued more
than 5 months before the expiration date of the previous
inspection sticker or certificate.
(b) Except as provided in subsection (c), vehicles shall
be inspected every 2 years on a schedule that begins either
in the second, fourth, or later calendar year after the
vehicle model year. The beginning test schedule shall be set
by the Agency and shall be consistent with the State's
requirements for emission reductions as determined by the
applicable United States Environmental Protection Agency
vehicle emissions estimation model and applicable guidance
and rules.
(c) A vehicle may be inspected out of its 2-year
inspection schedule when a new owner acquires the vehicle and
it should have been, but was not, in compliance with this Act
when the vehicle was acquired by the new owner.
(d) The owner of a vehicle subject to inspection shall
have the vehicle inspected and obtain and display on the
vehicle or carry within the vehicle, in a manner specified by
the Agency, a valid unexpired emission inspection sticker or
certificate in the manner specified by the Agency.
Any person who violates this subsection (d) is guilty of
a petty offense, except that a third or subsequent violation
within one year of the first violation is a Class C
misdemeanor. The fine imposed for a violation of this
subsection shall be not less than $50 if the violation
occurred within 60 days following the date by which a new or
renewal emission inspection sticker or certificate was
required to be obtained for the vehicle, and not less than
$300 if the violation occurred more than 60 days after that
date.
(e) (1) For a $20 fee, to be paid into the Vehicle
Inspection Fund, the Agency shall inspect:
(A) Vehicles operated on federal installations
within an affected county, pursuant to Title 40, Section
51.356 of the Code of Federal Regulations.
(B) Federally owned vehicles operated in affected
counties.
(2) For a fee of $20, to be paid into the Vehicle
Inspection Fund, the Agency may inspect:
(A) Vehicles registered in and subject to emission
inspections requirements of another state.
(B) Vehicles presented for inspection on a
voluntary basis.
Any fees collected under this subsection shall not offset
normally appropriated Motor Fuel Tax Funds.
(f) The following vehicles are not subject to
inspection:
(1) Vehicles not subject to registration under
Article IV of Chapter 3 of this Code, other than vehicles
owned by the federal government.
(2) Motorcycles, motor driven cycles, and motorized
pedalcycles.
(3) Farm vehicles and implements of husbandry.
(4) Implements of warfare owned by the State or
federal government.
(5) Antique vehicles and vehicles of model year
1967 or before.
(6) Vehicles operated exclusively for parade or
ceremonial purposes by any veterans, fraternal, or civic
organization, organized on a not-for-profit basis.
(7) Vehicles for which a Junking Certificate has
been issued by the Secretary of State under Section 3-117
of this Code.
(8) Diesel powered vehicles, and vehicles that are
powered exclusively by electricity.
(9) Vehicles operated exclusively in organized
amateur or professional sporting activities, as defined
in the Environmental Protection Act.
(10) Vehicles registered in, subject to, and in
compliance with the emission inspection requirements of
another state.
The Agency may issue temporary or permanent exemption
stickers or certificates for vehicles temporarily or
permanently exempt from inspection under this subsection (f).
An exemption sticker or certificate does not need to be
displayed.
(g) According to criteria the Agency may adopt, a motor
vehicle may be exempted from the inspection requirements of
this Section by the Agency on the basis of an Agency
determination that the vehicle is located and primarily used
outside of the affected counties or in other jurisdictions
where vehicle emission inspections are not required. The
Agency may issue an annual exemption sticker or certificate
without inspection for any vehicle exempted from inspection
under this subsection.
(h) Any owner or lessee of a fleet of 15 or more motor
vehicles which are subject to inspection under this Section
may apply to the Agency for a permit to establish and operate
a Private Official Inspection Station.
(i) Pursuant to Title 40, Section 51.371 of the Code of
Federal Regulations, the Agency shall establish a program of
on-road testing of in-use vehicles through the use of remote
sensing devices. The Agency shall evaluate the emission
performance of 0.5% of the subject fleet or 20,000 vehicles,
whichever is less. Under no circumstances shall on-road
testing include any sort of roadblock or roadside pullover or
cause any type of traffic delay.
If, during the course of on-road inspections, a vehicle
is found to exceed the on-road emissions standards
established for the model year and type of vehicle, the
Agency shall send a notice to the vehicle owner. The notice
shall document the occurrence and results of on-road
exceedances. The notice of a second on-road exceedance shall
indicate that the vehicle has been reassigned and is subject
to an out-of-cycle follow-up inspection at an official
inspection station. In no case shall the Agency send a notice
of an on-road exceedance to the owner of a vehicle that was
found to exceed the on-road emission standards established
for the model year and type of vehicle if the vehicle is
registered outside of the affected counties.
(Source: P.A. 88-533.)
(625 ILCS 5/13B-25)
Sec. 13B-25. Performance of inspections.
(a) The inspection of vehicles required under this
Chapter shall be performed only: (i) by inspectors who have
been certified by the Agency after successfully completing a
course of training and successfully passing a written test;
(ii) at official inspection stations or official on-road
inspection sites established under this Chapter; and (iii)
with equipment that has been approved by the Agency for these
inspections.
(b) Except as provided in subsections (c) and (d), the
inspection shall consist of (i) a loaded mode exhaust gas
analysis; (ii) an evaporative system integrity test; (iii) an
evaporative system purge test; (iv) an on-board computer
diagnostic system check; and (iv) (v) a verification that all
required emission-related recall repairs have been made under
Title 40, Section 51.370 of the Code of Federal Regulations,
and may also include an evaporative system purge test. The
owner of the vehicle or the owner's agent shall be entitled
to an emission inspection certificate issued by an inspector
only if all required tests are passed at the time of the
inspection.
(c) A steady-state idle exhaust gas analysis may be
substituted for the loaded mode exhaust gas analysis and the
evaporative purge system test in the following cases:
(1) On any vehicle of model year 1980 or older.
(2) On any heavy duty vehicle with a manufacturer
gross vehicle weight rating in excess of 8,500 pounds.
(3) On any vehicle for which loaded mode testing is
not possible due to vehicle design or configuration.
(d) A steady-state idle gas analysis may also be
substituted for the new procedures specified in subsection
(b) in inspections conducted in calendar year 1995 on any
vehicle of model year 1990 or older.
(e) The exhaust gas analysis shall consist of a test of
an exhaust gas sample to determine whether the quantities of
exhaust gas pollutants emitted by the vehicle meet the
standards set for vehicles of that type under Section 13B-20.
A vehicle shall be deemed to have passed this portion of the
inspection if the evaluation of the exhaust gas sample
indicates that the quantities of exhaust gas pollutants
emitted by the vehicle do not exceed the standards set for
vehicles of that type under Section 13B-20 or an inspector
certifies that the vehicle qualifies for a waiver of the
exhaust gas pollutant standards under Section 13B-30.
(f) The evaporative system integrity test shall consist
of a procedure to determine if leaks exist in all or a
portion of the vehicle fuel evaporation emission control
system. A vehicle shall be deemed to have passed this test
if it meets the criteria that the Board may adopt for an
evaporative system integrity test no leaks are observed in
the system, as determined by comparison of observed pressure
decay with standards set for vehicles of that type and model
year.
(g) The evaporative system purge test shall consist of a
procedure to verify the purging of vapors stored in the
evaporative canister. A vehicle shall be deemed to have
passed this test if it meets the criteria that the Board may
adopt for an evaporative system purge test the purge flow
exceeds standards set for vehicles of that type and model
year as measured during the loaded mode exhaust gas test.
(h) The on-board computer diagnostic test shall consist
of accessing the vehicle's on-board computer system, if so
equipped, and reading any stored diagnostic codes that may be
present. The vehicle shall be deemed to have passed this
test if the codes observed did not exceed standards set for
vehicles of that type under Section 13B-20.
(Source: P.A. 88-533.)
(625 ILCS 5/13B-30)
Sec. 13B-30. Waivers.
(a) The Agency shall certify that a vehicle that has
failed a vehicle emission retest qualifies for a waiver of
the emission inspection standards if the following criteria
are met:
(1) The vehicle has received all repairs and
adjustments for which it is eligible under any emission
performance warranty provided under Section 207 of the
federal Clean Air Act.
(2) The Agency determines by normal inspection
procedures that the vehicle's emission control devices
are present and appear to be properly connected and
operating.
(3) Consistent with Title 40, Section 51.360 of the
Code of Federal Regulations, for vehicles required to be
tested under this Chapter, a minimum expenditure of at
least $450 in emission-related repairs exclusive of
tampering-related repairs have been made.
(4) Repairs for vehicles of model year 1981 and
later are conducted by a recognized repair technician.
(5) Evidence of repair is presented consisting of
either signed and dated receipts identifying the vehicle
and describing the work performed and amount charged for
eligible emission-related repairs, or an affidavit
executed by the person performing the eligible emission
related repairs.
(6) The repairs have resulted in an improvement in
vehicle emissions as determined by comparison of initial
and final retest results.
(b) The Agency may issue an emission inspection
certificate to vehicles failing a transient loaded mode
emission retest if a complete documented physical and
functional diagnosis and inspection shows that no additional
emission-related repairs are needed. This diagnostic
inspection must be performed by the Agency or its designated
agent and shall be available only to motorists whose vehicle
was repaired by a recognized repair technician.
(c) The Agency may extend the emission inspection
certificate expiration date by one year upon receipt of a
petition by the vehicle owner that needed repairs cannot be
made due to economic hardship. Consistent with Title 40,
Section 51.360 of the Code of Federal Regulations, this
extension may be granted more than shall be granted only once
during the life of the vehicle.
(d) The Agency shall propose procedures, practices, and
performance requirements for operation of vehicle scrappage
programs by any person that wants to receive credits for
certain emissions reductions from these vehicles. The
proposal shall include the method of vehicle selection,
testing of vehicle emissions, documentation of annual vehicle
miles traveled, determination of emissions, and determination
of emissions reductions credits. Any applicable guidance
available from the United States Environmental Protection
Agency regarding these programs shall also be considered by
the Agency. Within 180 days after the Agency files this
proposal, the Board shall adopt rules for vehicle scrappage
programs. Subsection (b) of Section 27 of the Environmental
Protection Act and the rulemaking provisions of the Illinois
Administrative Procedure Act shall not apply to rules adopted
by the Board under this subsection (d).
(e) The Agency may adopt procedures to purchase vehicles
for scrap that are unable to meet emission inspection
standards and for which motorists provide a signed estimate
from a recognized repair technician that the cost of
emission-related repairs is expected to exceed an amount
equal to one-half of the current minimum expenditure required
in item (3) of subsection (a) of this Section. If the Agency
adopts such procedures, they must be included in the vehicle
scrappage programs in subsection (d). Such procedures shall
require the Agency to arrange for private sector funding for
the purchase of at least 90% of the vehicles which will be
purchased for scrap.
(f) The Agency may issue an emission inspection
certificate for vehicles subject to inspection under this
Chapter that are located and primarily used in an area
subject to the vehicle emission inspection requirements of
another state. Emission inspection certificates shall be
issued under this subsection only upon receipt by the Agency
of evidence that the vehicle has been inspected and is in
compliance with the emission inspection requirements and
standards applicable in the state or local jurisdiction where
the vehicle is being used.
(Source: P.A. 88-533.)
Section 99. Effective date. This Act takes effect upon
becoming law.