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| [ Introduced ] | [ Engrossed ] | [ House Amendment 002 ] |
90_HB0257ham001
LRB9001201DPcwam
1 AMENDMENT TO HOUSE BILL 257
2 AMENDMENT NO. . Amend House Bill 257 on page 1, in
3 lines 2 and 6, by replacing "Section 7.5", each time it
4 appears, with "Sections 3.78, 3.79, and 21 and adding
5 Sections 3.78a and 22.38"; and
6 on page 1, by replacing lines 7 through 19 with the
7 following:
8 "(415 ILCS 5/3.78) (from Ch. 111 1/2, par. 1003.78)
9 Sec. 3.78. "General Clean construction or demolition
10 debris" means uncontaminated materials resulting from the
11 construction, remodeling, repair, and demolition of
12 utilities, structures, and roads, including the following:
13 bricks, concrete, and other masonry materials; soil; rock;
14 wood, including non-hazardous painted, treated, and coated
15 wood and wood products; wall coverings; plaster; drywall;
16 plumbing fixtures; non-asbestos insulation; roofing shingles
17 and other roof coverings; asphaltic pavement; glass; plastics
18 that are not sealed in a manner that conceals waste;
19 electrical wiring and components containing no hazardous
20 substances; and piping or metals incidental to any of those
21 materials broken concrete without protruding metal bars,
22 bricks, rock, stone, reclaimed asphalt pavement or
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1 uncontaminated dirt or sand generated from construction or
2 demolition activities.
3 (Source: P.A. 86-633; 86-1028; 87-1171.)
4 (415 ILCS 5/3.78a new)
5 Sec. 3.78a. "Clean construction and demolition debris"
6 means uncontaminated broken concrete without protruding metal
7 bars, bricks, rock, stone, reclaimed asphalt pavement, dirt,
8 or sand generated from construction or demolition activities.
9 To the extent allowed by federal law, clean construction and
10 demolition debris shall not be considered "waste" when (i)
11 used as fill material below grade outside of a setback zone
12 if covered by sufficient uncontaminated soil to support
13 vegetation within 30 days of the completion of filling or if
14 covered by a road or structure, (ii) used to construct a land
15 form, or (iii) separated or processed and returned to the
16 economic mainstream in the form of raw materials or products.
17 (415 ILCS 5/3.79) (from Ch. 111 1/2, par. 1003.79)
18 Sec. 3.79. Land form. "Land form" means a manmade
19 above-grade mound, less than 50 feet in height, covered with
20 sufficient soil materials to sustain vegetation in
21 conformance with local zoning and land use requirements.
22 (Source: P.A. 86-633; 86-1028.)
23 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
24 Sec. 21. No person shall:
25 (a) Cause or allow the open dumping of any waste.
26 (b) Abandon, dump, or deposit any waste upon the public
27 highways or other public property, except in a sanitary
28 landfill approved by the Agency pursuant to regulations
29 adopted by the Board.
30 (c) Abandon any vehicle in violation of the "Abandoned
31 Vehicles Amendment to the Illinois Vehicle Code", as enacted
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1 by the 76th General Assembly.
2 (d) Conduct any waste-storage, waste-treatment, or
3 waste-disposal operation:
4 (1) without a permit granted by the Agency or in
5 violation of any conditions imposed by such permit,
6 including periodic reports and full access to adequate
7 records and the inspection of facilities, as may be
8 necessary to assure compliance with this Act and with
9 regulations and standards adopted thereunder; provided,
10 however, that, except for municipal solid waste landfill
11 units that receive waste on or after October 9, 1993, no
12 permit shall be required for (i) any person conducting a
13 waste-storage, waste-treatment, or waste-disposal
14 operation for wastes generated by such person's own
15 activities which are stored, treated, or disposed within
16 the site where such wastes are generated, or (ii) a
17 facility operated in accordance with Section 22.38 of
18 this Act and used exclusively for the transfer, storage,
19 or treatment of general construction or demolition
20 debris; for a corporation organized under the General Not
21 For Profit Corporation Act of 1986, as now or hereafter
22 amended, or a predecessor Act, constructing a land form
23 in conformance with local zoning provisions, within a
24 municipality having a population of more than 1,000,000
25 inhabitants, with clean construction or demolition debris
26 generated within the municipality, provided that the
27 corporation has contracts for economic development
28 planning with the municipality; or
29 (2) in violation of any regulations or standards
30 adopted by the Board under this Act; or
31 (3) which receives waste after August 31, 1988,
32 does not have a permit issued by the Agency, and is (i) a
33 landfill used exclusively for the disposal of waste
34 generated at the site, (ii) a surface impoundment
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1 receiving special waste not listed in an NPDES permit,
2 (iii) a waste pile in which the total volume of waste is
3 greater than 100 cubic yards or the waste is stored for
4 over one year, or (iv) a land treatment facility
5 receiving special waste generated at the site; without
6 giving notice of the operation to the Agency by January
7 1, 1989, or 30 days after the date on which the operation
8 commences, whichever is later, and every 3 years
9 thereafter. The form for such notification shall be
10 specified by the Agency, and shall be limited to
11 information regarding: the name and address of the
12 location of the operation; the type of operation; the
13 types and amounts of waste stored, treated or disposed of
14 on an annual basis; the remaining capacity of the
15 operation; and the remaining expected life of the
16 operation.
17 Item Paragraph (3) of this subsection (d) shall not apply
18 to any person engaged in agricultural activity who is
19 disposing of a substance that constitutes solid waste, if the
20 substance was acquired for use by that person on his own
21 property, and the substance is disposed of on his own
22 property in accordance with regulations or standards adopted
23 by the Board.
24 This subsection (d) shall not apply to hazardous waste.
25 (e) Dispose, treat, store or abandon any waste, or
26 transport any waste into this State for disposal, treatment,
27 storage or abandonment, except at a site or facility which
28 meets the requirements of this Act and of regulations and
29 standards thereunder.
30 (f) Conduct any hazardous waste-storage, hazardous
31 waste-treatment or hazardous waste-disposal operation:
32 (1) without a RCRA permit for the site issued by
33 the Agency under subsection (d) of Section 39 of this
34 Act, or in violation of any condition imposed by such
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1 permit, including periodic reports and full access to
2 adequate records and the inspection of facilities, as may
3 be necessary to assure compliance with this Act and with
4 regulations and standards adopted thereunder; or
5 (2) in violation of any regulations or standards
6 adopted by the Board under this Act; or
7 (3) in violation of any RCRA permit filing
8 requirement established under standards adopted by the
9 Board under this Act; or
10 (4) in violation of any order adopted by the Board
11 under this Act.
12 Notwithstanding the above, no RCRA permit shall be
13 required under this subsection or subsection (d) of Section
14 39 of this Act for any person engaged in agricultural
15 activity who is disposing of a substance which has been
16 identified as a hazardous waste, and which has been
17 designated by Board regulations as being subject to this
18 exception, if the substance was acquired for use by that
19 person on his own property and the substance is disposed of
20 on his own property in accordance with regulations or
21 standards adopted by the Board.
22 (g) Conduct any hazardous waste-transportation
23 operation:
24 (1) without a permit issued by the Agency or in
25 violation of any conditions imposed by such permit,
26 including periodic reports and full access to adequate
27 records and the inspection of facilities, as may be
28 necessary to assure compliance with this Act and with
29 regulations or standards adopted thereunder; or
30 (2) in violation of any regulations or standards
31 adopted by the Board under this Act.
32 (h) Conduct any hazardous waste-recycling or hazardous
33 waste-reclamation or hazardous waste-reuse operation in
34 violation of any regulations, standards or permit
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1 requirements adopted by the Board under this Act.
2 (i) Conduct any process or engage in any act which
3 produces hazardous waste in violation of any regulations or
4 standards adopted by the Board under subsections (a) and (c)
5 of Section 22.4 of this Act.
6 (j) Conduct any special waste transportation operation
7 in violation of any regulations, standards or permit
8 requirements adopted by the Board under this Act. However,
9 sludge from a water or sewage treatment plant owned and
10 operated by a unit of local government which (1) is subject
11 to a sludge management plan approved by the Agency or a
12 permit granted by the Agency, and (2) has been tested and
13 determined not to be a hazardous waste as required by
14 applicable State and federal laws and regulations, may be
15 transported in this State without a special waste hauling
16 permit, and the preparation and carrying of a manifest shall
17 not be required for such sludge under the rules of the
18 Pollution Control Board. The unit of local government which
19 operates the treatment plant producing such sludge shall file
20 a semiannual report with the Agency identifying the volume of
21 such sludge transported during the reporting period, the
22 hauler of the sludge, and the disposal sites to which it was
23 transported. This subsection (j) shall not apply to hazardous
24 waste.
25 (k) Fail or refuse to pay any fee imposed under this
26 Act.
27 (l) Locate a hazardous waste disposal site above an
28 active or inactive shaft or tunneled mine or within 2 miles
29 of an active fault in the earth's crust. In counties of
30 population less than 225,000 no hazardous waste disposal site
31 shall be located (1) within 1 1/2 miles of the corporate
32 limits as defined on June 30, 1978, of any municipality
33 without the approval of the governing body of the
34 municipality in an official action; or (2) within 1000 feet
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1 of an existing private well or the existing source of a
2 public water supply measured from the boundary of the actual
3 active permitted site and excluding existing private wells on
4 the property of the permit applicant. The provisions of this
5 subsection do not apply to publicly-owned sewage works or the
6 disposal or utilization of sludge from publicly-owned sewage
7 works.
8 (m) Transfer interest in any land which has been used as
9 a hazardous waste disposal site without written notification
10 to the Agency of the transfer and to the transferee of the
11 conditions imposed by the Agency upon its use under
12 subsection (g) of Section 39.
13 (n) Use any land which has been used as a hazardous
14 waste disposal site except in compliance with conditions
15 imposed by the Agency under subsection (g) of Section 39.
16 (o) Conduct a sanitary landfill operation which is
17 required to have a permit under subsection (d) of this
18 Section, in a manner which results in any of the following
19 conditions:
20 (1) refuse in standing or flowing waters;
21 (2) leachate flows entering waters of the State;
22 (3) leachate flows exiting the landfill confines
23 (as determined by the boundaries established for the
24 landfill by a permit issued by the Agency);
25 (4) open burning of refuse in violation of Section
26 9 of this Act;
27 (5) uncovered refuse remaining from any previous
28 operating day or at the conclusion of any operating day,
29 unless authorized by permit;
30 (6) failure to provide final cover within time
31 limits established by Board regulations;
32 (7) acceptance of wastes without necessary permits;
33 (8) scavenging as defined by Board regulations;
34 (9) deposition of refuse in any unpermitted portion
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1 of the landfill;
2 (10) acceptance of a special waste without a
3 required manifest;
4 (11) failure to submit reports required by permits
5 or Board regulations;
6 (12) failure to collect and contain litter from the
7 site by the end of each operating day;
8 (13) failure to submit any cost estimate for the
9 site or any performance bond or other security for the
10 site as required by this Act or Board rules.
11 The prohibitions specified in this subsection (o) shall
12 be enforceable by the Agency either by administrative
13 citation under Section 31.1 of this Act or as otherwise
14 provided by this Act. The specific prohibitions in this
15 subsection do not limit the power of the Board to establish
16 regulations or standards applicable to sanitary landfills.
17 (p) In violation of subdivision (a) of this Section,
18 cause or allow the open dumping of any waste in a manner
19 which results in any of the following occurrences at the dump
20 site:
21 (1) litter;
22 (2) scavenging;
23 (3) open burning;
24 (4) deposition of waste in standing or flowing
25 waters;
26 (5) proliferation of disease vectors;
27 (6) standing or flowing liquid discharge from the
28 dump site.
29 The prohibitions specified in this subsection (p) shall
30 be enforceable by the Agency either by administrative
31 citation under Section 31.1 of this Act or as otherwise
32 provided by this Act. The specific prohibitions in this
33 subsection do not limit the power of the Board to establish
34 regulations or standards applicable to open dumping.
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1 (q) Conduct a landscape waste composting operation
2 without an Agency permit, provided, however, that no permit
3 shall be required for any person:
4 (1) conducting a landscape waste composting
5 operation for landscape wastes generated by such person's
6 own activities which are stored, treated or disposed of
7 within the site where such wastes are generated; or
8 (2) applying landscape waste or composted landscape
9 waste at agronomic rates; or
10 (3) operating a landscape waste composting facility
11 on a farm, if the facility meets all of the following
12 criteria:
13 (A) the composting facility is operated by the
14 farmer on property on which the composting material
15 is utilized, and the composting facility constitutes
16 no more than 2% of the property's total acreage,
17 except that the Agency may allow a higher percentage
18 for individual sites where the owner or operator has
19 demonstrated to the Agency that the site's soil
20 characteristics or crop needs require a higher rate;
21 (B) the property on which the composting
22 facility is located, and any associated property on
23 which the compost is used, is principally and
24 diligently devoted to the production of agricultural
25 crops and is not owned, leased or otherwise
26 controlled by any waste hauler or generator of
27 nonagricultural compost materials, and the operator
28 of the composting facility is not an employee,
29 partner, shareholder, or in any way connected with
30 or controlled by any such waste hauler or generator;
31 (C) all compost generated by the composting
32 facility is applied at agronomic rates and used as
33 mulch, fertilizer or soil conditioner on land
34 actually farmed by the person operating the
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1 composting facility, and the finished compost is not
2 stored at the composting site for a period longer
3 than 18 months prior to its application as mulch,
4 fertilizer, or soil conditioner;
5 (D) the owner or operator, by January 1, 1990
6 (or the January 1 following commencement of
7 operation, whichever is later) and January 1 of each
8 year thereafter, (i) registers the site with the
9 Agency, (ii) reports to the Agency on the volume of
10 composting material received and used at the site,
11 (iii) certifies to the Agency that the site complies
12 with the requirements set forth in subparagraphs
13 (A), (B) and (C) of this paragraph (q)(3), and (iv)
14 certifies to the Agency that all composting material
15 was placed more than 200 feet from the nearest
16 potable water supply well, was placed outside the
17 boundary of the 10-year floodplain or on a part of
18 the site that is floodproofed, was placed at least
19 1/4 mile from the nearest residence (other than a
20 residence located on the same property as the
21 facility) and there are not more than 10 occupied
22 non-farm residences within 1/2 mile of the
23 boundaries of the site on the date of application,
24 and was placed more than 5 feet above the water
25 table.
26 For the purposes of this subsection (q), "agronomic
27 rates" means the application of not more than 20 tons per
28 acre per year, except that the Agency may allow a higher rate
29 for individual sites where the owner or operator has
30 demonstrated to the Agency that the site's soil
31 characteristics or crop needs require a higher rate.
32 (r) Cause or allow the storage or disposal of coal
33 combustion waste unless:
34 (1) such waste is stored or disposed of at a site
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1 or facility for which a permit has been obtained or is
2 not otherwise required under subsection (d) of this
3 Section; or
4 (2) such waste is stored or disposed of as a part
5 of the design and reclamation of a site or facility which
6 is an abandoned mine site in accordance with the
7 Abandoned Mined Lands and Water Reclamation Act; or
8 (3) such waste is stored or disposed of at a site
9 or facility which is operating under NPDES and Subtitle D
10 permits issued by the Agency pursuant to regulations
11 adopted by the Board for mine-related water pollution and
12 permits issued pursuant to the Federal Surface Mining
13 Control and Reclamation Act of 1977 (P.L. 95-87) or the
14 rules and regulations thereunder or any law or rule or
15 regulation adopted by the State of Illinois pursuant
16 thereto, and the owner or operator of the facility agrees
17 to accept the waste; and either
18 (i) such waste is stored or disposed of in
19 accordance with requirements applicable to refuse
20 disposal under regulations adopted by the Board for
21 mine-related water pollution and pursuant to NPDES
22 and Subtitle D permits issued by the Agency under
23 such regulations; or
24 (ii) the owner or operator of the facility
25 demonstrates all of the following to the Agency, and
26 the facility is operated in accordance with the
27 demonstration as approved by the Agency: (1) the
28 disposal area will be covered in a manner that will
29 support continuous vegetation, (2) the facility will
30 be adequately protected from wind and water erosion,
31 (3) the pH will be maintained so as to prevent
32 excessive leaching of metal ions, and (4) adequate
33 containment or other measures will be provided to
34 protect surface water and groundwater from
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1 contamination at levels prohibited by this Act, the
2 Illinois Groundwater Protection Act, or regulations
3 adopted pursuant thereto.
4 Notwithstanding any other provision of this Title, the
5 disposal of coal combustion waste pursuant to item (2) or (3)
6 of this subdivision (r) shall be exempt from the other
7 provisions of this Title V, and notwithstanding the
8 provisions of Title X of this Act, the Agency is authorized
9 to grant experimental permits which include provision for the
10 disposal of wastes from the combustion of coal and other
11 materials pursuant to items (2) and (3) of this subdivision
12 (r).
13 (s) After April 1, 1989, offer for transportation,
14 transport, deliver, receive or accept special waste for which
15 a manifest is required, unless the manifest indicates that
16 the fee required under Section 22.8 of this Act has been
17 paid.
18 (t) Cause or allow a lateral expansion of a municipal
19 solid waste landfill unit on or after October 9, 1993,
20 without a permit modification, granted by the Agency, that
21 authorizes the lateral expansion.
22 (u) Conduct any vegetable by-product treatment, storage,
23 disposal or transportation operation in violation of any
24 regulation, standards or permit requirements adopted by the
25 Board under this Act. However, no permit shall be required
26 under this Title V for the land application of vegetable
27 by-products conducted pursuant to Agency permit issued under
28 Title III of this Act to the generator of the vegetable
29 by-products. In addition, vegetable by-products may be
30 transported in this State without a special waste hauling
31 permit, and without the preparation and carrying of a
32 manifest.
33 (Source: P.A. 88-454; 88-496; 88-670, eff. 12-2-94; 89-93,
34 eff. 7-6-95; 89-535, eff. 7-19-96.)
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1 (415 ILCS 5/22.38 new)
2 Sec. 22.38. Facilities accepting general construction or
3 demolition debris for transfer, storage, or treatment.
4 (a) Facilities accepting general construction or
5 demolition debris for transfer, storage, or treatment shall
6 be subject to local zoning, ordinance, and land use
7 requirements.
8 (b) An owner or operator of a facility accepting general
9 construction or demolition debris for transfer, storage, or
10 treatment shall:
11 (1) within 48 hours of receipt of the general
12 construction or demolition debris at the facility, sort
13 the general construction or demolition debris to separate
14 the recyclable material from other wastes to be disposed
15 of or discarded;
16 (2) store all waste separated from recyclable
17 materials in covered containers;
18 (3) transport off site all non-recyclable materials
19 for disposal in accordance with all applicable federal,
20 State, and local requirements within 7 days of its
21 receipt at the facility;
22 (4) limit the percentage of incoming non-recyclable
23 materials to 50% or less of the total incoming materials;
24 (5) transport all non-putrescible recyclable
25 materials from the facility for recycling or disposal
26 within 6 months of its receipt at the facility;
27 (6) transport all putrescible or combustible
28 recyclable materials from the facility for recycling or
29 disposal within 30 days of its receipt at the facility;
30 (7) employ tagging and recordkeeping procedures to
31 demonstrate compliance with this Section;
32 (8) control odor, noise, combustion of materials,
33 disease vectors, dust, and litter at the facility;
34 (9) control, manage, and dispose of any storm water
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1 runoff and leachate generated at the facility in
2 accordance with applicable federal, State, and local
3 requirements;
4 (10) control access to the facility and post a sign
5 at the main entrance that states the permit number of a
6 permit issued to the facility by the Agency, the nature
7 of the facility's operations, the penalty for
8 unauthorized trespass or dumping, if any, and the name,
9 address, and telephone number of the person or entity
10 operating the facility; and
11 (11) comply with all applicable federal, State, or
12 local requirements for the handling, storage,
13 transportation, or disposal of materials accepted at the
14 facility that are not general construction or demolition
15 debris.
16 (c) For purposes of this Section, the term "recyclable
17 materials" means materials that have been rendered reusable
18 or materials that would otherwise be disposed of or discarded
19 but are collected, separated, or processed and returned to
20 the economic mainstream in the form of raw materials or
21 products. "Recyclable materials" does not mean materials
22 processed for use as fuel or materials that are incinerated
23 or burned.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.".