Rep. Sandra M. Pihos
Filed: 4/8/2005
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1 | AMENDMENT TO HOUSE BILL 3251
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2 | AMENDMENT NO. ______. Amend House Bill 3251 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Section 3.330 as follows:
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6 | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
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7 | Sec. 3.330. Pollution control facility.
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8 | (a) "Pollution control facility" is any waste storage site, | ||||||
9 | sanitary
landfill, waste disposal site, waste transfer | ||||||
10 | station, waste treatment
facility, or waste incinerator. This | ||||||
11 | includes sewers, sewage treatment
plants, and any other | ||||||
12 | facilities owned or operated by sanitary districts
organized | ||||||
13 | under the Metropolitan Water Reclamation District Act.
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14 | The following are not pollution control facilities:
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15 | (1) (Blank);
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16 | (2) waste storage sites regulated under 40 CFR, Part | ||||||
17 | 761.42;
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18 | (3) sites or facilities used by any person conducting a | ||||||
19 | waste storage,
waste treatment, waste disposal, waste | ||||||
20 | transfer or waste incineration
operation, or a combination | ||||||
21 | thereof, for wastes generated by such person's
own | ||||||
22 | activities, when such wastes are stored, treated, disposed | ||||||
23 | of,
transferred or incinerated within the site or facility | ||||||
24 | owned, controlled or
operated by such person, or when such |
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1 | wastes are transported within or
between sites or | ||||||
2 | facilities owned, controlled or operated by such person;
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3 | (4) sites or facilities at which the State is | ||||||
4 | performing removal or
remedial action pursuant to Section | ||||||
5 | 22.2 or 55.3;
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6 | (5) abandoned quarries used solely for the disposal of | ||||||
7 | concrete, earth
materials, gravel, or aggregate debris | ||||||
8 | resulting from road construction
activities conducted by a | ||||||
9 | unit of government or construction activities due
to the | ||||||
10 | construction and installation of underground pipes, lines, | ||||||
11 | conduit
or wires off of the premises of a public utility | ||||||
12 | company which are
conducted by a public utility;
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13 | (6) sites or facilities used by any person to | ||||||
14 | specifically conduct a
landscape composting operation;
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15 | (7) regional facilities as defined in the Central | ||||||
16 | Midwest Interstate
Low-Level Radioactive Waste Compact;
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17 | (8) the portion of a site or facility where coal | ||||||
18 | combustion wastes are
stored or disposed of in accordance | ||||||
19 | with subdivision (r)(2) or (r)(3) of
Section 21;
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20 | (9) the portion of a site or facility used for the | ||||||
21 | collection,
storage or processing of waste tires as defined | ||||||
22 | in Title XIV;
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23 | (10) the portion of a site or facility used for | ||||||
24 | treatment of
petroleum contaminated materials by | ||||||
25 | application onto or incorporation into
the soil surface and | ||||||
26 | any portion of that site or facility used for storage
of | ||||||
27 | petroleum contaminated materials before treatment. Only | ||||||
28 | those categories
of petroleum listed in Section
57.9(a)(3) | ||||||
29 | are exempt under this subdivision (10);
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30 | (11) the portion of a site or facility where used oil | ||||||
31 | is collected or
stored prior to shipment to a recycling or | ||||||
32 | energy recovery facility, provided
that the used oil is | ||||||
33 | generated by households or commercial establishments, and
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34 | the site or facility is a recycling center or a business |
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1 | where oil or gasoline
is sold at retail;
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2 | (12) the portion of a site or facility utilizing coal | ||||||
3 | combustion waste
for stabilization and treatment of only | ||||||
4 | waste generated on that site or
facility when used in | ||||||
5 | connection with response actions pursuant to the federal
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6 | Comprehensive Environmental Response, Compensation, and | ||||||
7 | Liability Act of 1980,
the federal Resource Conservation | ||||||
8 | and Recovery Act of 1976, or the Illinois
Environmental | ||||||
9 | Protection Act or as authorized by the Agency;
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10 | (13) the portion of a site or facility accepting | ||||||
11 | exclusively general
construction or demolition debris, | ||||||
12 | located in a county with a population over
700,000, and | ||||||
13 | operated and located in accordance with Section 22.38 of | ||||||
14 | this Act; and | ||||||
15 | (14) the portion of a site or facility, located within | ||||||
16 | a unit of local government that has enacted local zoning | ||||||
17 | requirements, used to accept, separate, and process | ||||||
18 | uncontaminated broken concrete, with or without protruding | ||||||
19 | metal bars, provided that the uncontaminated broken | ||||||
20 | concrete and metal bars are not speculatively accumulated, | ||||||
21 | are at the site or facility no longer than one year after | ||||||
22 | their acceptance, and are returned to the economic | ||||||
23 | mainstream in the form of raw materials or products.
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24 | (15) the portion of a site or facility, that has no | ||||||
25 | more than 10,000 cubic yards of raw materials, composting | ||||||
26 | material, or end-product compost on-site at any one time | ||||||
27 | that uses only livestock waste, crop residue, | ||||||
28 | uncontaminated wood waste, and landscape waste as raw | ||||||
29 | materials for composting, or that has no more than 30,000 | ||||||
30 | cubic yards if the compost facility is part of a required | ||||||
31 | Waste Management Plan that has been developed in accordance | ||||||
32 | with the standards of the Livestock Management Facilities | ||||||
33 | Act that meets the following: | ||||||
34 | (i) the location criteria of Section 39(m)(1) |
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1 | through (m)(4); | ||||||
2 | (ii) the location criteria of 35 Ill. Admin. Code | ||||||
3 | Part 830.203(a)(3); and | ||||||
4 | (iii) that is permitted under 35 Ill. Admin. Code | ||||||
5 | Part 807.
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6 | (16) the portion of a site or facility, that has no | ||||||
7 | more than 5,000 cubic yards of raw materials, composting | ||||||
8 | material, or end-product compost on-site at any one time, | ||||||
9 | that uses source separated food waste, paper waste, | ||||||
10 | including, but not limited to, corrugated and cardboard, | ||||||
11 | uncontaminated wood waste, livestock waste, and landscape | ||||||
12 | waste as raw materials for composting and meets the | ||||||
13 | location criteria of 39(m)(1) through (4) and 35 Ill. | ||||||
14 | Admin. Code Part 830.203(a)(3). For purposes of this | ||||||
15 | Section, "food waste" means the source separated organic | ||||||
16 | portion of the waste resulting from the handling, | ||||||
17 | processing, preparation, cooking, and consumption of food, | ||||||
18 | and the wastes from the handling, processing, storage, and | ||||||
19 | sale of produce. "Food waste" does not include packaging, | ||||||
20 | utensils, or containers from the handling, processing, | ||||||
21 | preparation, cooking, and consumption of food.
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22 | (b) A new pollution control facility is:
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23 | (1) a pollution control facility initially permitted | ||||||
24 | for development or
construction after July 1, 1981; or
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25 | (2) the area of expansion beyond the boundary of a | ||||||
26 | currently permitted
pollution control facility; or
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27 | (3) a permitted pollution control facility requesting | ||||||
28 | approval to
store, dispose of, transfer or incinerate, for | ||||||
29 | the first time, any special
or hazardous waste.
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30 | (Source: P.A. 92-574, eff. 6-26-02; 93-998, eff. 8-23-04.)".
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