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| Public Act 103-0794 | ||||
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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 9 as follows: | ||||
(415 ILCS 5/9) (from Ch. 111 1/2, par. 1009) | ||||
Sec. 9. Acts prohibited. No person shall: | ||||
(a) Cause or threaten or allow the discharge or emission | ||||
of any contaminant into the environment in any State so as to | ||||
cause or tend to cause air pollution in Illinois, either alone | ||||
or in combination with contaminants from other sources, or so | ||||
as to violate regulations or standards adopted by the Board | ||||
under this Act. | ||||
(b) Construct, install, or operate any equipment, | ||||
facility, vehicle, vessel, or aircraft capable of causing or | ||||
contributing to air pollution or designed to prevent air | ||||
pollution, of any type designated by Board regulations, (1) | ||||
without a permit granted by the Agency unless otherwise exempt | ||||
by this Act or Board regulations or (2) in violation of any | ||||
conditions imposed by such permit. | ||||
(c) Cause or allow the open burning of refuse, conduct any | ||||
salvage operation by open burning, or cause or allow the | ||||
burning of any refuse in any chamber not specifically designed | ||||
for the purpose and approved by the Agency pursuant to | ||
regulations adopted by the Board under this Act; except that | ||
the Board may adopt regulations permitting open burning of | ||
refuse in certain cases upon a finding that no harm will result | ||
from such burning, or that any alternative method of disposing | ||
of such refuse would create a safety hazard so extreme as to | ||
justify the pollution that would result from such burning. | ||
(d) Sell, offer, or use any fuel or other article in any | ||
areas in which the Board may by regulation forbid its sale, | ||
offer, or use for reasons of air-pollution control. | ||
(e) Use, cause or allow the spraying of loose asbestos for | ||
the purpose of fireproofing or insulating any building or | ||
building material or other constructions, or otherwise use | ||
asbestos in such unconfined manner as to permit asbestos | ||
fibers or particles to pollute the air. | ||
(f) Commencing July 1, 1985, sell any used oil for burning | ||
or incineration in any incinerator, boiler, furnace, burner or | ||
other equipment unless such oil meets standards based on | ||
virgin fuel oil or re-refined oil, as defined in ASTM D-396 or | ||
specifications under VV-F-815C promulgated pursuant to the | ||
federal Energy Policy and Conservation Act, and meets the | ||
manufacturer's and current NFDA code standards for which such | ||
incinerator, boiler, furnace, burner or other equipment was | ||
approved, except that this prohibition does not apply to a | ||
sale to a permitted used oil re-refining or reprocessing | ||
facility or sale to a facility permitted by the Agency to burn | ||
or incinerate such oil. | ||
Nothing herein shall limit the effect of any section of | ||
this Title with respect to any form of asbestos, or the | ||
spraying of any form of asbestos, or limit the power of the | ||
Board under this Title to adopt additional and further | ||
regulations with respect to any form of asbestos, or the | ||
spraying of any form of asbestos. | ||
This Section shall not limit the burning of landscape | ||
waste upon the premises where it is produced or at sites | ||
provided and supervised by any unit of local government, | ||
except within any county having a population of more than | ||
400,000. Nothing in this Section shall prohibit the burning of | ||
landscape waste for agricultural purposes, habitat management | ||
(including but not limited to forest and prairie reclamation), | ||
or firefighter training. For the purposes of this Act, the | ||
burning of landscape waste by production nurseries shall be | ||
considered to be burning for agricultural purposes. | ||
Nothing in this Section shall prohibit the burning of | ||
landscape waste by a person engaged in the business of tree | ||
removal, at the person's registered place of business, | ||
provided that the burning activity (i) is located in a county | ||
with a population of 50,000 or less, (ii) is more than 1,000 | ||
feet from the nearest residence, (iii) is not located in an | ||
area with a PM2.5 design value greater than 9 micrograms per | ||
cubic meter, (iv) is not located in an area of environmental | ||
justice concern, as determined by the Agency's EJ Start tool, | ||
and (v) is conducted in accordance with all federal, State, | ||
and local laws and ordinances. | ||
Any grain elevator located outside of a major population | ||
area, as defined in Section 211.3610 of Title 35 of the | ||
Illinois Administrative Code, shall be exempt from the | ||
requirements of Section 212.462 of Title 35 of the Illinois | ||
Administrative Code provided that the elevator: (1) does not | ||
violate the prohibitions of subsection (a) of this Section or | ||
have a certified investigation, as defined in Section 211.970 | ||
of Title 35 of the Illinois Administrative Code, on file with | ||
the Agency and (2) is not required to obtain a Clean Air Act | ||
Permit Program permit pursuant to Section 39.5. | ||
Notwithstanding the above exemption, new stationary source | ||
performance standards for grain elevators, established | ||
pursuant to Section 9.1 of this Act and Section 111 of the | ||
federal Clean Air Act, shall continue to apply to grain | ||
elevators. | ||
(Source: P.A. 97-95, eff. 7-12-11.) | ||