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SB0125 Enrolled |
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LRB096 04543 JDS 14598 b |
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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 |
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| changing Sections 3.330, 21, and 22.38 and by adding Section |
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| 52.3-5 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, |
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| sanitary
landfill, waste disposal site, waste transfer |
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| station, waste treatment
facility, or waste incinerator. This |
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| includes sewers, sewage treatment
plants, and any other |
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| facilities owned or operated by sanitary districts
organized |
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| 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 |
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| 761.42;
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| (3) sites or facilities used by any person conducting a |
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| waste storage,
waste treatment, waste disposal, waste |
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| transfer or waste incineration
operation, or a combination |
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| thereof, for wastes generated by such person's
own |
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| activities, when such wastes are stored, treated, disposed |
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LRB096 04543 JDS 14598 b |
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| of,
transferred or incinerated within the site or facility |
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| owned, controlled or
operated by such person, or when such |
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| wastes are transported within or
between sites or |
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| facilities owned, controlled or operated by such person;
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| (4) sites or facilities at which the State is |
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| performing removal or
remedial action pursuant to Section |
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| 22.2 or 55.3;
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| (5) abandoned quarries used solely for the disposal of |
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| concrete, earth
materials, gravel, or aggregate debris |
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| resulting from road construction
activities conducted by a |
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| unit of government or construction activities due
to the |
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| construction and installation of underground pipes, lines, |
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| conduit
or wires off of the premises of a public utility |
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| company which are
conducted by a public utility;
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| (6) sites or facilities used by any person to |
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| specifically conduct a
landscape composting operation;
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| (7) regional facilities as defined in the Central |
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| Midwest Interstate
Low-Level Radioactive Waste Compact;
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| (8) the portion of a site or facility where coal |
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| combustion wastes are
stored or disposed of in accordance |
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| 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 |
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| collection,
storage or processing of waste tires as defined |
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| in Title XIV;
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| (10) the portion of a site or facility used for |
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| treatment of
petroleum contaminated materials by |
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| application onto or incorporation into
the soil surface and |
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| any portion of that site or facility used for storage
of |
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| petroleum contaminated materials before treatment. Only |
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| those categories
of petroleum listed in Section
57.9(a)(3) |
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| are exempt under this subdivision (10);
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| (11) the portion of a site or facility where used oil |
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| is collected or
stored prior to shipment to a recycling or |
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| energy recovery facility, provided
that the used oil is |
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| generated by households or commercial establishments, and
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| the site or facility is a recycling center or a business |
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| where oil or gasoline
is sold at retail; |
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| (11.5) processing sites or facilities that receive |
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| only on-specification used oil, as defined in 35 Ill. |
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| Admin. Code 739, originating from used oil collectors for |
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| processing that is managed under 35 Ill. Admin. Code 739 to |
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| produce products for sale to off-site petroleum |
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| facilities, if these processing sites or facilities are: |
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| (i) located within a home rule unit of local government |
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| with a population of at least 30,000 according to the 2000 |
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| federal census, that home rule unit of local government has |
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| been designated as an Urban Round II Empowerment Zone by |
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| the United States Department of Housing and Urban |
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| Development, and that home rule unit of local government |
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| has enacted an ordinance approving the location of the site |
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| or facility and provided funding for the site or facility; |
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| and (ii) in compliance with all applicable zoning |
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LRB096 04543 JDS 14598 b |
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| requirements;
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| (12) the portion of a site or facility utilizing coal |
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| combustion waste
for stabilization and treatment of only |
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| waste generated on that site or
facility when used in |
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| connection with response actions pursuant to the federal
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| Comprehensive Environmental Response, Compensation, and |
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| Liability Act of 1980,
the federal Resource Conservation |
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| and Recovery Act of 1976, or the Illinois
Environmental |
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| Protection Act or as authorized by the Agency;
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| (13) the portion of a site or facility accepting |
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| exclusively general
construction or demolition debris, |
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| located in a county with a population over
500,000 700,000 |
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| as of January 1, 2000, and operated and located in |
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| accordance with Section 22.38 of this Act; |
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| (14) the portion of a site or facility, located within |
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| a unit of local government that has enacted local zoning |
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| requirements, used to accept, separate, and process |
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| uncontaminated broken concrete, with or without protruding |
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| metal bars, provided that the uncontaminated broken |
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| concrete and metal bars are not speculatively accumulated, |
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| are at the site or facility no longer than one year after |
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| their acceptance, and are returned to the economic |
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| mainstream in the form of raw materials or products;
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| (15) the portion of a site or facility located in a |
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| county with a population over 3,000,000 that has obtained |
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| local siting approval under Section 39.2 of this Act for a |
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LRB096 04543 JDS 14598 b |
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| municipal waste incinerator on or before July 1, 2005 and |
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| that is used for a non-hazardous waste transfer station;
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| (16) a site or facility that temporarily holds in |
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| transit for 10 days or less, non-petruscible solid waste in |
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| original containers, no larger in capacity than 500 |
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| gallons, provided that such waste is further transferred to |
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| a recycling, disposal, treatment, or storage facility on a |
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| non-contiguous site and provided such site or facility |
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| complies with the applicable 10-day transfer requirements |
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| of the federal Resource Conservation and Recovery Act of |
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| 1976 and United States Department of Transportation |
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| hazardous material requirements. For purposes of this |
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| Section only, "non-petruscible solid waste" means waste |
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| other than municipal garbage that does not rot or become |
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| putrid, including, but not limited to, paints, solvent, |
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| filters, and absorbents;
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| (17)
the portion of a site or facility located in a |
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| county with a population greater than 3,000,000 that has |
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| obtained local siting approval, under Section 39.2 of this |
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| Act, for a municipal waste incinerator on or before July 1, |
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| 2005 and that is used for wood combustion facilities for |
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| energy recovery that accept and burn only wood material, as |
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| included in a fuel specification approved by the Agency; |
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| and
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| (18)
a transfer station used exclusively for landscape |
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| waste, including a transfer station where landscape waste |
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LRB096 04543 JDS 14598 b |
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| is ground to reduce its volume, where the landscape waste |
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| is held no longer than 24 hours from the time it was |
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| received.
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| (b) A new pollution control facility is:
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| (1) a pollution control facility initially permitted |
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| for development or
construction after July 1, 1981; or
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| (2) the area of expansion beyond the boundary of a |
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| currently permitted
pollution control facility; or
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| (3) a permitted pollution control facility requesting |
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| approval to
store, dispose of, transfer or incinerate, for |
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| 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, |
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| eff. 6-2-06; 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; 95-331, |
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| eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. 8-21-08.)
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| (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
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| Sec. 21. Prohibited acts. No person shall:
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| (a) Cause or allow the open dumping of any waste.
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| (b) Abandon, dump, or deposit any waste upon the public |
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| highways or
other public property, except in a sanitary |
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| landfill approved by the
Agency pursuant to regulations adopted |
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| by the Board.
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| (c) Abandon any vehicle in violation of the "Abandoned |
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| Vehicles
Amendment to the Illinois Vehicle Code", as enacted by |
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| the 76th General
Assembly.
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| (d) Conduct any waste-storage, waste-treatment, or |
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LRB096 04543 JDS 14598 b |
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| waste-disposal
operation:
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| (1) without a permit granted by the Agency or in |
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| violation of any
conditions imposed by such permit, |
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| including periodic reports and full
access to adequate |
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| records and the inspection of facilities, as may be
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| necessary to assure compliance with this Act and with |
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| regulations and
standards adopted thereunder; provided, |
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| however, that, except for municipal
solid waste landfill |
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| units that receive waste on or after October 9, 1993,
no |
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| permit shall be
required for (i) any person conducting a |
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| waste-storage, waste-treatment, or
waste-disposal |
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| operation for wastes generated by such person's own
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| activities which are stored, treated, or disposed within |
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| the site where
such wastes are generated, or (ii)
a |
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| facility located in a county with a
population over 700,000 |
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| as of January 1, 2000, operated and located in accordance |
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| with
Section 22.38 of this Act, and used exclusively for |
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| the transfer, storage, or
treatment of general |
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| construction or demolition debris , provided that the |
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| facility was receiving construction or demolition debris |
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| on the effective date of this amendatory Act of the 96th |
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| General Assembly ;
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| (2) in violation of any regulations or standards |
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| adopted by the
Board under this Act; or
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| (3) which receives waste after August 31, 1988, does |
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| not have a permit
issued by the Agency, and is (i) a |
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LRB096 04543 JDS 14598 b |
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| landfill used exclusively for the
disposal of waste |
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| generated at the site, (ii) a surface impoundment
receiving |
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| special waste not listed in an NPDES permit, (iii) a waste |
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| pile
in which the total volume of waste is greater than 100 |
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| cubic yards or the
waste is stored for over one year, or |
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| (iv) a land treatment facility
receiving special waste |
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| generated at the site; without giving notice of the
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| operation to the Agency by January 1, 1989, or 30 days |
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| after the date on
which the operation commences, whichever |
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| is later, and every 3 years
thereafter. The form for such |
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| notification shall be specified by the
Agency, and shall be |
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| limited to information regarding: the name and address
of |
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| the location of the operation; the type of operation; the |
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| types and
amounts of waste stored, treated or disposed of |
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| on an annual basis; the
remaining capacity of the |
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| operation; and the remaining expected life of
the |
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| operation.
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| Item (3) of this subsection (d) shall not apply to any |
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| person
engaged in agricultural activity who is disposing of a |
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| substance that
constitutes solid waste, if the substance was |
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| acquired for use by that
person on his own property, and the |
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| substance is disposed of on his own
property in accordance with |
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| regulations or standards adopted by the Board.
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| This subsection (d) shall not apply to hazardous waste.
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| (e) Dispose, treat, store or abandon any waste, or |
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| transport any waste
into this State for disposal, treatment, |
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LRB096 04543 JDS 14598 b |
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| storage or abandonment, except at
a site or facility which |
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| meets the requirements of this Act and of
regulations and |
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| standards thereunder.
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| (f) Conduct any hazardous waste-storage, hazardous |
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| waste-treatment or
hazardous waste-disposal operation:
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| (1) without a RCRA permit for the site issued by the |
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| Agency under
subsection (d) of Section 39 of this Act, or |
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| in violation of any condition
imposed by such permit, |
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| including periodic reports and full access to
adequate |
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| records and the inspection of facilities, as may be |
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| necessary to
assure compliance with this Act and with |
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| regulations and standards adopted
thereunder; or
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| (2) in violation of any regulations or standards |
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| adopted by the Board
under this Act; or
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| (3) in violation of any RCRA permit filing requirement |
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| established under
standards adopted by the Board under this |
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| Act; or
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| (4) in violation of any order adopted by the Board |
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| under this Act.
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| Notwithstanding the above, no RCRA permit shall be required |
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| under this
subsection or subsection (d) of Section 39 of this |
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| Act for any
person engaged in agricultural activity who is |
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| disposing of a substance
which has been identified as a |
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| hazardous waste, and which has been
designated by Board |
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| regulations as being subject to this exception, if the
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| substance was acquired for use by that person on his own |
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LRB096 04543 JDS 14598 b |
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| property and the
substance is disposed of on his own property |
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| in accordance with regulations
or standards adopted by the |
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| Board.
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| (g) Conduct any hazardous waste-transportation operation:
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| (1) without registering with and obtaining a permit |
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| from the Agency in
accordance with the Uniform Program |
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| implemented under subsection (l-5) of
Section 22.2; or
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| (2) in violation of any regulations or standards |
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| adopted by
the
Board under this Act.
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| (h) Conduct any hazardous waste-recycling or hazardous |
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| waste-reclamation
or hazardous waste-reuse operation in |
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| violation of any regulations, standards
or permit requirements |
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| adopted by the Board under this Act.
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| (i) Conduct any process or engage in any act which produces |
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| hazardous
waste in violation of any regulations or standards |
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| adopted by the Board
under subsections (a) and (c) of Section |
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| 22.4 of this Act.
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| (j) Conduct any special waste transportation operation in |
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| violation
of any regulations, standards or permit requirements |
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| adopted by the Board
under this Act. However, sludge from a |
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| water or sewage treatment plant
owned and operated by a unit of |
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| local government which (1) is subject to a
sludge management |
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| plan approved by the Agency or a permit granted by the
Agency, |
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| and (2) has been tested and determined not to be a hazardous |
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| waste
as required by applicable State and federal laws and |
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| regulations, may be
transported in this State without a special |
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LRB096 04543 JDS 14598 b |
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| waste hauling permit, and the
preparation and carrying of a |
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| manifest shall not be required for such
sludge under the rules |
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| of the Pollution Control Board. The unit of local
government |
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| which operates the treatment plant producing such sludge shall
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| file a semiannual report with the Agency identifying the volume |
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| of such
sludge transported during the reporting period, the |
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| hauler of the sludge,
and the disposal sites to which it was |
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| transported. This subsection (j)
shall not apply to hazardous |
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| waste.
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| (k) Fail or refuse to pay any fee imposed under this Act.
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| (l) Locate a hazardous waste disposal site above an active |
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| or
inactive shaft or tunneled mine or within 2 miles of an |
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| active fault in
the earth's crust. In counties of population |
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| less than 225,000 no
hazardous waste disposal site shall be |
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| located (1) within 1 1/2 miles of
the corporate limits as |
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| defined on June 30, 1978, of any municipality
without the |
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| approval of the governing body of the municipality in an
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| official action; or (2) within 1000 feet of an existing private |
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| well or
the existing source of a public water supply measured |
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| from the boundary
of the actual active permitted site and |
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| excluding existing private wells
on the property of the permit |
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| applicant. The provisions of this
subsection do not apply to |
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| publicly-owned sewage works or the disposal
or utilization of |
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| sludge from publicly-owned sewage works.
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| (m) Transfer interest in any land which has been used as a
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| hazardous waste disposal site without written notification to |
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| the Agency
of the transfer and to the transferee of the |
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| conditions imposed by the Agency
upon its use under subsection |
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| (g) of Section 39.
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| (n) Use any land which has been used as a hazardous waste
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| disposal site except in compliance with conditions imposed by |
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| the Agency
under subsection (g) of Section 39.
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| (o) Conduct a sanitary landfill operation which is required |
8 |
| to have a
permit under subsection (d) of this Section, in a |
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| manner which results in
any of the following conditions:
|
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| (1) refuse in standing or flowing waters;
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| (2) leachate flows entering waters of the State;
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| (3) leachate flows exiting the landfill confines (as |
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| determined by the
boundaries established for the landfill |
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| by a permit issued by the Agency);
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| (4) open burning of refuse in violation of Section 9 of |
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| this Act;
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| (5) uncovered refuse remaining from any previous |
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| operating day or at the
conclusion of any operating day, |
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| unless authorized by permit;
|
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| (6) failure to provide final cover within time limits |
21 |
| established by
Board regulations;
|
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| (7) acceptance of wastes without necessary permits;
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| (8) scavenging as defined by Board regulations;
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| (9) deposition of refuse in any unpermitted portion of |
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| the landfill;
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| (10) acceptance of a special waste without a required |
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| manifest;
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| (11) failure to submit reports required by permits or |
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| Board regulations;
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| (12) failure to collect and contain litter from the |
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| site by the end of
each operating day;
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| (13) failure to submit any cost estimate for the site |
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| or any performance
bond or other security for the site as |
8 |
| required by this Act or Board rules.
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| The prohibitions specified in this subsection (o) shall be |
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| enforceable by
the Agency either by administrative citation |
11 |
| under Section 31.1 of this Act
or as otherwise provided by this |
12 |
| Act. The specific prohibitions in this
subsection do not limit |
13 |
| the power of the Board to establish regulations
or standards |
14 |
| applicable to sanitary landfills.
|
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| (p) In violation of subdivision (a) of this Section, cause |
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| or allow the
open dumping of any waste in a manner which |
17 |
| results in any of the following
occurrences at the dump site:
|
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| (1) litter;
|
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| (2) scavenging;
|
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| (3) open burning;
|
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| (4) deposition of waste in standing or flowing waters;
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| (5) proliferation of disease vectors;
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| (6) standing or flowing liquid discharge from the dump |
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| site;
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| (7) deposition of:
|
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| (i) general construction or demolition debris as |
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| defined in Section
3.160(a) of this Act; or
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| (ii) clean construction or demolition debris as |
3 |
| defined in Section
3.160(b) of this Act.
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| The prohibitions specified in this subsection (p) shall be
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| enforceable by the Agency either by administrative citation |
6 |
| under Section
31.1 of this Act or as otherwise provided by this |
7 |
| Act. The specific
prohibitions in this subsection do not limit |
8 |
| the power of the Board to
establish regulations or standards |
9 |
| applicable to open dumping.
|
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| (q) Conduct a landscape waste composting operation without |
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| an Agency
permit, provided, however, that no permit shall be |
12 |
| required for any person:
|
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| (1) conducting a landscape waste composting operation |
14 |
| for landscape
wastes generated by such person's own |
15 |
| activities which are stored, treated
or disposed of within |
16 |
| the site where such wastes are generated; or
|
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| (2) applying landscape waste or composted landscape |
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| waste at agronomic
rates; or
|
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| (3) operating a landscape waste composting facility on |
20 |
| a farm, if the
facility meets all of the following |
21 |
| criteria:
|
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| (A) the composting facility is operated by the |
23 |
| farmer on property on
which the composting material is |
24 |
| utilized, and the composting facility
constitutes no |
25 |
| more than 2% of the property's total acreage, except |
26 |
| that
the Agency may allow a higher percentage for |
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SB0125 Enrolled |
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LRB096 04543 JDS 14598 b |
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| individual sites where the owner
or operator has |
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| demonstrated to the Agency that the site's soil
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| characteristics or crop needs require a higher rate;
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| (B) the property on which the composting facility |
5 |
| is located, and any
associated property on which the |
6 |
| compost is used, is principally and
diligently devoted |
7 |
| to the production of agricultural crops and
is not |
8 |
| owned, leased or otherwise controlled by any waste |
9 |
| hauler
or generator of nonagricultural compost |
10 |
| materials, and the operator of the
composting facility |
11 |
| is not an employee, partner, shareholder, or in any way
|
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| connected with or controlled by any such waste hauler |
13 |
| or generator;
|
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| (C) all compost generated by the composting |
15 |
| facility is applied at
agronomic rates and used as |
16 |
| mulch, fertilizer or soil conditioner on land
actually |
17 |
| farmed by the person operating the composting |
18 |
| facility, and the
finished compost is not stored at the |
19 |
| composting site for a period longer
than 18 months |
20 |
| prior to its application as mulch, fertilizer, or soil |
21 |
| conditioner;
|
22 |
| (D) the owner or operator, by January 1, 1990 (or |
23 |
| the January 1
following commencement of operation, |
24 |
| whichever is later) and January 1 of
each year |
25 |
| thereafter, (i) registers the site with the Agency, |
26 |
| (ii) reports
to the Agency on the volume of composting |
|
|
|
SB0125 Enrolled |
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LRB096 04543 JDS 14598 b |
|
|
1 |
| material received and used at the
site, (iii) certifies |
2 |
| to the Agency that the site complies with the
|
3 |
| requirements set forth in subparagraphs (A), (B) and |
4 |
| (C) of this paragraph
(q)(3), and (iv) certifies to the |
5 |
| Agency that all composting material was
placed more |
6 |
| than 200 feet from the nearest potable water supply |
7 |
| well, was
placed outside the boundary of the 10-year |
8 |
| floodplain or on a part of the
site that is |
9 |
| floodproofed, was placed at least 1/4 mile from the |
10 |
| nearest
residence (other than a residence located on |
11 |
| the same property as the
facility) and there are not |
12 |
| more than 10 occupied non-farm residences
within 1/2 |
13 |
| mile of the boundaries of the site on the date of |
14 |
| application,
and was placed more than 5 feet above the |
15 |
| water table.
|
16 |
| For the purposes of this subsection (q), "agronomic rates" |
17 |
| means the
application of not more than 20 tons per acre per |
18 |
| year, except that the
Agency may allow a higher rate for |
19 |
| individual sites where the owner or
operator has demonstrated |
20 |
| to the Agency that the site's soil
characteristics or crop |
21 |
| needs require a higher rate.
|
22 |
| (r) Cause or allow the storage or disposal of coal |
23 |
| combustion
waste unless:
|
24 |
| (1) such waste is stored or disposed of at a site or
|
25 |
| facility for which
a permit has been obtained or is not |
26 |
| otherwise required under subsection
(d) of this Section; or
|
|
|
|
SB0125 Enrolled |
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LRB096 04543 JDS 14598 b |
|
|
1 |
| (2) such waste is stored or disposed of as a part of
|
2 |
| the design and
reclamation of a site or facility which is |
3 |
| an abandoned mine site in
accordance with the Abandoned |
4 |
| Mined Lands and Water Reclamation Act; or
|
5 |
| (3) such waste is stored or disposed of at a site or
|
6 |
| facility which is
operating under NPDES and Subtitle D |
7 |
| permits issued by the Agency pursuant
to regulations |
8 |
| adopted by the Board for mine-related water pollution and
|
9 |
| permits issued pursuant to the Federal Surface Mining |
10 |
| Control and
Reclamation Act of 1977 (P.L. 95-87) or the |
11 |
| rules and regulations
thereunder or any law or rule or |
12 |
| regulation adopted by the State of
Illinois pursuant |
13 |
| thereto, and the owner or operator of the facility agrees
|
14 |
| to accept the waste; and either
|
15 |
| (i) such waste is stored or disposed of in |
16 |
| accordance
with requirements
applicable to refuse |
17 |
| disposal under regulations adopted by the Board for
|
18 |
| mine-related water pollution and pursuant to NPDES and |
19 |
| Subtitle D permits
issued by the Agency under such |
20 |
| regulations; or
|
21 |
| (ii) the owner or operator of the facility |
22 |
| demonstrates all of the
following to the Agency, and |
23 |
| the facility is operated in accordance with
the |
24 |
| demonstration as approved by the Agency: (1) the |
25 |
| disposal area will be
covered in a manner that will |
26 |
| support continuous vegetation, (2) the
facility will |
|
|
|
SB0125 Enrolled |
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LRB096 04543 JDS 14598 b |
|
|
1 |
| be adequately protected from wind and water erosion, |
2 |
| (3) the
pH will be maintained so as to prevent |
3 |
| excessive leaching of metal ions,
and (4) adequate |
4 |
| containment or other measures will be provided to |
5 |
| protect
surface water and groundwater from |
6 |
| contamination at levels prohibited by
this Act, the |
7 |
| Illinois Groundwater Protection Act, or regulations |
8 |
| adopted
pursuant thereto.
|
9 |
| Notwithstanding any other provision of this Title, the |
10 |
| disposal of coal
combustion waste pursuant to item (2) or (3) |
11 |
| of this
subdivision (r) shall
be exempt from the other |
12 |
| provisions of this Title V, and notwithstanding
the provisions |
13 |
| of Title X of this Act, the Agency is authorized to grant
|
14 |
| experimental permits which include provision for the disposal |
15 |
| of
wastes from the combustion of coal and other materials |
16 |
| pursuant to items
(2) and (3) of this subdivision (r).
|
17 |
| (s) After April 1, 1989, offer for transportation, |
18 |
| transport, deliver,
receive or accept special waste for which a |
19 |
| manifest is required, unless
the manifest indicates that the |
20 |
| fee required under Section 22.8 of this
Act has been paid.
|
21 |
| (t) Cause or allow a lateral expansion of a municipal solid |
22 |
| waste landfill
unit on or after October 9, 1993, without a |
23 |
| permit modification, granted by the
Agency, that authorizes the |
24 |
| lateral expansion.
|
25 |
| (u) Conduct any vegetable by-product treatment, storage, |
26 |
| disposal or
transportation operation in violation of any |
|
|
|
SB0125 Enrolled |
- 19 - |
LRB096 04543 JDS 14598 b |
|
|
1 |
| regulation, standards or permit
requirements adopted by the |
2 |
| Board under this Act. However, no permit shall be
required |
3 |
| under this Title V for the land application of vegetable |
4 |
| by-products
conducted pursuant to Agency permit issued under |
5 |
| Title III of this Act to
the generator of the vegetable |
6 |
| by-products. In addition, vegetable by-products
may be |
7 |
| transported in this State without a special waste hauling |
8 |
| permit, and
without the preparation and carrying of a manifest.
|
9 |
| (v) (Blank).
|
10 |
| (w) Conduct any generation, transportation, or recycling |
11 |
| of construction or
demolition debris, clean or general, or |
12 |
| uncontaminated soil generated during
construction, remodeling, |
13 |
| repair, and demolition of utilities, structures, and
roads that |
14 |
| is not commingled with any waste, without the maintenance of
|
15 |
| documentation identifying the hauler, generator, place of |
16 |
| origin of the debris
or soil, the weight or volume of the |
17 |
| debris or soil, and the location, owner,
and operator of the |
18 |
| facility where the debris or soil was transferred,
disposed, |
19 |
| recycled, or treated. This documentation must be maintained by |
20 |
| the
generator, transporter, or recycler for 3 years.
This |
21 |
| subsection (w) shall not apply to (1) a permitted pollution |
22 |
| control
facility that transfers or accepts construction or |
23 |
| demolition debris,
clean or general, or uncontaminated soil for |
24 |
| final disposal, recycling, or
treatment, (2) a public utility |
25 |
| (as that term is defined in the Public
Utilities Act) or a |
26 |
| municipal utility, (3) the Illinois Department of
|
|
|
|
SB0125 Enrolled |
- 20 - |
LRB096 04543 JDS 14598 b |
|
|
1 |
| Transportation, or (4) a municipality or a county highway |
2 |
| department, with
the exception of any municipality or county |
3 |
| highway department located within a
county having a population |
4 |
| of over 3,000,000 inhabitants or located in a county
that
is |
5 |
| contiguous to a county having a population of over 3,000,000 |
6 |
| inhabitants;
but it shall apply to an entity that contracts |
7 |
| with a public utility, a
municipal utility, the Illinois |
8 |
| Department of Transportation, or a
municipality or a county |
9 |
| highway department.
The terms
"generation" and "recycling" as
|
10 |
| used in this subsection do not
apply to clean construction or |
11 |
| demolition debris
when (i) used as fill material below grade |
12 |
| outside of a setback zone
if covered by sufficient |
13 |
| uncontaminated soil to support vegetation within 30
days of the |
14 |
| completion of filling or if covered by a road or structure, |
15 |
| (ii)
solely broken concrete without
protruding metal bars is |
16 |
| used for erosion control, or (iii) milled
asphalt or crushed |
17 |
| concrete is used as aggregate in construction of the
shoulder |
18 |
| of a roadway. The terms "generation" and "recycling", as used |
19 |
| in this
subsection, do not apply to uncontaminated soil
that is |
20 |
| not commingled with any waste when (i) used as fill material |
21 |
| below
grade or contoured to grade, or (ii) used at the site of |
22 |
| generation.
|
23 |
| (Source: P.A. 93-179, eff. 7-11-03; 94-94, eff. 7-1-05.)
|
24 |
| (415 ILCS 5/22.38)
|
25 |
| Sec. 22.38.
Facilities accepting exclusively general |
|
|
|
SB0125 Enrolled |
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LRB096 04543 JDS 14598 b |
|
|
1 |
| construction or
demolition debris
for transfer, storage, or |
2 |
| treatment.
|
3 |
| (a) Facilities accepting exclusively general construction |
4 |
| or demolition
debris for
transfer, storage, or treatment shall |
5 |
| be subject to local zoning, ordinance,
and
land use |
6 |
| requirements.
Those facilities shall be located in accordance |
7 |
| with local zoning requirements
or, in the absence of local |
8 |
| zoning requirements, shall be located so that no
part of the |
9 |
| facility boundary is closer than 1,320 feet from the nearest
|
10 |
| property zoned for primarily residential use.
|
11 |
| (b) An owner or operator of a facility accepting |
12 |
| exclusively general
construction or demolition debris for |
13 |
| transfer, storage, or treatment shall:
|
14 |
| (1) Within within 48 hours of receipt of the general |
15 |
| construction or demolition
debris at the facility, sort the |
16 |
| general construction or demolition debris to
separate the
|
17 |
| recyclable general construction or demolition debris from |
18 |
| non-recyclable
general construction or demolition debris |
19 |
| to be disposed of or discarded . ;
|
20 |
| (2) Transport transport off site for disposal all |
21 |
| non-recyclable general
construction or demolition debris |
22 |
| in
accordance with all applicable federal, State, and local |
23 |
| requirements within 72
hours of its receipt at the |
24 |
| facility . ;
|
25 |
| (3) Limit limit the percentage of incoming |
26 |
| non-recyclable general construction
or demolition debris |
|
|
|
SB0125 Enrolled |
- 22 - |
LRB096 04543 JDS 14598 b |
|
|
1 |
| to 25% or
less of the total incoming general construction |
2 |
| or demolition debris,
as calculated on a daily basis . ;
|
3 |
| (4) Transport transport all non-putrescible recyclable |
4 |
| general construction or
demolition debris
for recycling or |
5 |
| disposal within 6 months of its receipt at the facility . ;
|
6 |
| (5) Transport transport all putrescible or combustible |
7 |
| recyclable general
construction or demolition debris
for |
8 |
| recycling or disposal within 45 days of its receipt at
the |
9 |
| facility . ;
|
10 |
| (6) Employ employ tagging and recordkeeping procedures |
11 |
| to (i) demonstrate
compliance
with this Section and (ii) |
12 |
| identify the source and transporter of material
accepted by |
13 |
| the facility . ;
|
14 |
| (7) Control control odor, noise, combustion of |
15 |
| materials, disease vectors, dust,
and litter . ;
|
16 |
| (8) Control control , manage, and dispose of any storm |
17 |
| water runoff and leachate
generated at the facility in |
18 |
| accordance with applicable federal, State, and
local |
19 |
| requirements . ;
|
20 |
| (9) Control control access to the facility . ;
|
21 |
| (10) Comply comply with all applicable federal, State, |
22 |
| or local requirements for
the handling, storage, |
23 |
| transportation, or disposal of asbestos-containing
|
24 |
| material or other material accepted at the
facility that is |
25 |
| not general construction or demolition debris . ; and
|
26 |
| (11) Prior to the effective date of this amendatory Act |
|
|
|
SB0125 Enrolled |
- 23 - |
LRB096 04543 JDS 14598 b |
|
|
1 |
| of the 96th General Assembly, submit to the Agency at least |
2 |
| 30 days prior to the initial acceptance
of general |
3 |
| construction or demolition debris at the facility, on forms |
4 |
| provided
by the Agency, the following information:
|
5 |
| (A) the name, address, and telephone number of both |
6 |
| the facility owner
and operator;
|
7 |
| (B) the street address and location of the |
8 |
| facility;
|
9 |
| (C) a description of facility operations;
|
10 |
| (D) a description of the tagging and recordkeeping |
11 |
| procedures the
facility will employ to (i) demonstrate |
12 |
| compliance with this Section and (ii)
identify the |
13 |
| source and transporter of any material accepted by the |
14 |
| facility;
|
15 |
| (E) the name and location of the disposal site to |
16 |
| be used for the
transportation and disposal of |
17 |
| non-recyclable materials accepted at the
facility;
|
18 |
| (F) the name and location of an individual, |
19 |
| facility, or business to
which recyclable materials |
20 |
| will be transported; and
|
21 |
| (G) other information as specified on the form |
22 |
| provided by the Agency.
|
23 |
| (12) On or after the effective date of this amendatory |
24 |
| Act of the 96th General Assembly, obtain a permit issued by |
25 |
| the Agency prior to the initial acceptance of general |
26 |
| construction or demolition debris at the facility.
|
|
|
|
SB0125 Enrolled |
- 24 - |
LRB096 04543 JDS 14598 b |
|
|
1 |
| When any of the information contained or processes |
2 |
| described in the initial
notification form submitted to the |
3 |
| Agency changes, the owner and operator shall
submit an |
4 |
| updated form within 14 days of the change.
|
5 |
| (c) For purposes of this Section, the term "recyclable |
6 |
| general
construction or demolition debris" means general |
7 |
| construction or demolition
debris that has been rendered |
8 |
| reusable and is reused or that would otherwise
be disposed of |
9 |
| or discarded but is collected, separated, or processed and
|
10 |
| returned to the economic mainstream in the form of raw |
11 |
| materials or products.
"Recyclable general construction or |
12 |
| demolition debris" does not include general
construction or |
13 |
| demolition debris processed for use as fuel, incinerated,
|
14 |
| burned, buried, or otherwise used as fill material.
|
15 |
| (d) For purposes of this Section, "treatment" means |
16 |
| processing
designed to alter the physical nature of the general |
17 |
| construction or
demolition debris, including but not limited to |
18 |
| size reduction, crushing,
grinding, or
homogenization, but |
19 |
| does not include processing designed to change the chemical
|
20 |
| nature of the general construction or demolition debris.
|
21 |
| (Source: P.A. 90-475, eff. 8-17-97.)
|
22 |
| (415 ILCS 5/52.3-5 new)
|
23 |
| Sec. 52.3-5. Effect of amendatory Act of the 96th General |
24 |
| Assembly. Nothing contained in this amendatory Act of the 96th |
25 |
| General Assembly shall remove any liability for any operation, |