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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] |
91_HB0909eng HB0909 Engrossed LRB9103521LDmb 1 AN ACT to amend the Environmental Protection Act by 2 changing Section 21. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Environmental Protection Act is amended 6 by changing Section 21 as follows: 7 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021) 8 Sec. 21. No person shall: 9 (a) Cause or allow the open dumping of any waste. 10 (b) Abandon, dump, or deposit any waste upon the public 11 highways or other public property, except in a sanitary 12 landfill approved by the Agency pursuant to regulations 13 adopted by the Board. 14 (c) Abandon any vehicle in violation of the "Abandoned 15 Vehicles Amendment to the Illinois Vehicle Code", as enacted 16 by the 76th General Assembly. 17 (d) Conduct any waste-storage, waste-treatment, or 18 waste-disposal operation: 19 (1) without a permit granted by the Agency or in 20 violation of any conditions imposed by such permit, 21 including periodic reports and full access to adequate 22 records and the inspection of facilities, as may be 23 necessary to assure compliance with this Act and with 24 regulations and standards adopted thereunder; provided, 25 however, that, except for municipal solid waste landfill 26 units that receive waste on or after October 9, 1993, no 27 permit shall be required for (i) any person conducting a 28 waste-storage, waste-treatment, or waste-disposal 29 operation for wastes generated by such person's own 30 activities which are stored, treated, or disposed within 31 the site where such wastes are generated, or (ii) a HB0909 Engrossed -2- LRB9103521LDmb 1 facility located in a county with a population over 2 700,000, operated and located in accordance with Section 3 22.38 of this Act, and used exclusively for the transfer, 4 storage, or treatment of general construction or 5 demolition debris; 6 (2) in violation of any regulations or standards 7 adopted by the Board under this Act; or 8 (3) which receives waste after August 31, 1988, 9 does not have a permit issued by the Agency, and is (i) a 10 landfill used exclusively for the disposal of waste 11 generated at the site, (ii) a surface impoundment 12 receiving special waste not listed in an NPDES permit, 13 (iii) a waste pile in which the total volume of waste is 14 greater than 100 cubic yards or the waste is stored for 15 over one year, or (iv) a land treatment facility 16 receiving special waste generated at the site; without 17 giving notice of the operation to the Agency by January 18 1, 1989, or 30 days after the date on which the operation 19 commences, whichever is later, and every 3 years 20 thereafter. The form for such notification shall be 21 specified by the Agency, and shall be limited to 22 information regarding: the name and address of the 23 location of the operation; the type of operation; the 24 types and amounts of waste stored, treated or disposed of 25 on an annual basis; the remaining capacity of the 26 operation; and the remaining expected life of the 27 operation. 28 Item (3) of this subsection (d) shall not apply to any 29 person engaged in agricultural activity who is disposing of a 30 substance that constitutes solid waste, if the substance was 31 acquired for use by that person on his own property, and the 32 substance is disposed of on his own property in accordance 33 with regulations or standards adopted by the Board. 34 This subsection (d) shall not apply to hazardous waste. HB0909 Engrossed -3- LRB9103521LDmb 1 (e) Dispose, treat, store or abandon any waste, or 2 transport any waste into this State for disposal, treatment, 3 storage or abandonment, except at a site or facility which 4 meets the requirements of this Act and of regulations and 5 standards thereunder. 6 (f) Conduct any hazardous waste-storage, hazardous 7 waste-treatment or hazardous waste-disposal operation: 8 (1) without a RCRA permit for the site issued by 9 the Agency under subsection (d) of Section 39 of this 10 Act, or in violation of any condition imposed by such 11 permit, including periodic reports and full access to 12 adequate records and the inspection of facilities, as may 13 be necessary to assure compliance with this Act and with 14 regulations and standards adopted thereunder; or 15 (2) in violation of any regulations or standards 16 adopted by the Board under this Act; or 17 (3) in violation of any RCRA permit filing 18 requirement established under standards adopted by the 19 Board under this Act; or 20 (4) in violation of any order adopted by the Board 21 under this Act. 22 Notwithstanding the above, no RCRA permit shall be 23 required under this subsection or subsection (d) of Section 24 39 of this Act for any person engaged in agricultural 25 activity who is disposing of a substance which has been 26 identified as a hazardous waste, and which has been 27 designated by Board regulations as being subject to this 28 exception, if the substance was acquired for use by that 29 person on his own property and the substance is disposed of 30 on his own property in accordance with regulations or 31 standards adopted by the Board. 32 (g) Conduct any hazardous waste-transportation 33 operation: 34 (1) without registering with and obtaining a permit HB0909 Engrossed -4- LRB9103521LDmb 1 from the Agency in accordance with the Uniform Program 2 implemented under subsection (l-5) of Section 22.2; or 3 (2) in violation of any regulations or standards 4 adopted by the Board under this Act. 5 (h) Conduct any hazardous waste-recycling or hazardous 6 waste-reclamation or hazardous waste-reuse operation in 7 violation of any regulations, standards or permit 8 requirements adopted by the Board under this Act. 9 (i) Conduct any process or engage in any act which 10 produces hazardous waste in violation of any regulations or 11 standards adopted by the Board under subsections (a) and (c) 12 of Section 22.4 of this Act. 13 (j) Conduct any special waste transportation operation 14 in violation of any regulations, standards or permit 15 requirements adopted by the Board under this Act. However, 16 sludge from a water or sewage treatment plant owned and 17 operated by a unit of local government which (1) is subject 18 to a sludge management plan approved by the Agency or a 19 permit granted by the Agency, and (2) has been tested and 20 determined not to be a hazardous waste as required by 21 applicable State and federal laws and regulations, may be 22 transported in this State without a special waste hauling 23 permit, and the preparation and carrying of a manifest shall 24 not be required for such sludge under the rules of the 25 Pollution Control Board. The unit of local government which 26 operates the treatment plant producing such sludge shall file 27 a semiannual report with the Agency identifying the volume of 28 such sludge transported during the reporting period, the 29 hauler of the sludge, and the disposal sites to which it was 30 transported. This subsection (j) shall not apply to hazardous 31 waste. 32 (k) Fail or refuse to pay any fee imposed under this 33 Act. 34 (l) Locate a hazardous waste disposal site above an HB0909 Engrossed -5- LRB9103521LDmb 1 active or inactive shaft or tunneled mine or within 2 miles 2 of an active fault in the earth's crust. In counties of 3 population less than 225,000 no hazardous waste disposal site 4 shall be located (1) within 1 1/2 miles of the corporate 5 limits as defined on June 30, 1978, of any municipality 6 without the approval of the governing body of the 7 municipality in an official action; or (2) within 1000 feet 8 of an existing private well or the existing source of a 9 public water supply measured from the boundary of the actual 10 active permitted site and excluding existing private wells on 11 the property of the permit applicant. The provisions of this 12 subsection do not apply to publicly-owned sewage works or the 13 disposal or utilization of sludge from publicly-owned sewage 14 works. 15 (m) Transfer interest in any land which has been used as 16 a hazardous waste disposal site without written notification 17 to the Agency of the transfer and to the transferee of the 18 conditions imposed by the Agency upon its use under 19 subsection (g) of Section 39. 20 (n) Use any land which has been used as a hazardous 21 waste disposal site except in compliance with conditions 22 imposed by the Agency under subsection (g) of Section 39. 23 (o) Conduct a sanitary landfill operation which is 24 required to have a permit under subsection (d) of this 25 Section, in a manner which results in any of the following 26 conditions: 27 (1) refuse in standing or flowing waters; 28 (2) leachate flows entering waters of the State; 29 (3) leachate flows exiting the landfill confines 30 (as determined by the boundaries established for the 31 landfill by a permit issued by the Agency); 32 (4) open burning of refuse in violation of Section 33 9 of this Act; 34 (5) uncovered refuse remaining from any previous HB0909 Engrossed -6- LRB9103521LDmb 1 operating day or at the conclusion of any operating day, 2 unless authorized by permit; 3 (6) failure to provide final cover within time 4 limits established by Board regulations; 5 (7) acceptance of wastes without necessary permits; 6 (8) scavenging as defined by Board regulations; 7 (9) deposition of refuse in any unpermitted portion 8 of the landfill; 9 (10) acceptance of a special waste without a 10 required manifest; 11 (11) failure to submit reports required by permits 12 or Board regulations; 13 (12) failure to collect and contain litter from the 14 site by the end of each operating day; 15 (13) failure to submit any cost estimate for the 16 site or any performance bond or other security for the 17 site as required by this Act or Board rules. 18 The prohibitions specified in this subsection (o) shall 19 be enforceable by the Agency either by administrative 20 citation under Section 31.1 of this Act or as otherwise 21 provided by this Act. The specific prohibitions in this 22 subsection do not limit the power of the Board to establish 23 regulations or standards applicable to sanitary landfills. 24 (p) In violation of subdivision (a) of this Section, 25 cause or allow the open dumping of any waste in a manner 26 which results in any of the following occurrences at the dump 27 site: 28 (1) litter; 29 (2) scavenging; 30 (3) open burning; 31 (4) deposition of waste in standing or flowing 32 waters; 33 (5) proliferation of disease vectors; 34 (6) standing or flowing liquid discharge from the HB0909 Engrossed -7- LRB9103521LDmb 1 dump site;.2 (7) deposition of: 3 (i) general construction or demolition debris 4 as defined in Section 3.78 of this Act; or 5 (ii) clean construction or demolition debris 6 as defined in Section 3.78a of this Act. 7 The prohibitions specified in this subsection (p) shall 8 be enforceable by the Agency either by administrative 9 citation under Section 31.1 of this Act or as otherwise 10 provided by this Act. The specific prohibitions in this 11 subsection do not limit the power of the Board to establish 12 regulations or standards applicable to open dumping. 13 (q) Conduct a landscape waste composting operation 14 without an Agency permit, provided, however, that no permit 15 shall be required for any person: 16 (1) conducting a landscape waste composting 17 operation for landscape wastes generated by such person's 18 own activities which are stored, treated or disposed of 19 within the site where such wastes are generated; or 20 (2) applying landscape waste or composted landscape 21 waste at agronomic rates; or 22 (3) operating a landscape waste composting facility 23 on a farm, if the facility meets all of the following 24 criteria: 25 (A) the composting facility is operated by the 26 farmer on property on which the composting material 27 is utilized, and the composting facility constitutes 28 no more than 2% of the property's total acreage, 29 except that the Agency may allow a higher percentage 30 for individual sites where the owner or operator has 31 demonstrated to the Agency that the site's soil 32 characteristics or crop needs require a higher rate; 33 (B) the property on which the composting 34 facility is located, and any associated property on HB0909 Engrossed -8- LRB9103521LDmb 1 which the compost is used, is principally and 2 diligently devoted to the production of agricultural 3 crops and is not owned, leased or otherwise 4 controlled by any waste hauler or generator of 5 nonagricultural compost materials, and the operator 6 of the composting facility is not an employee, 7 partner, shareholder, or in any way connected with 8 or controlled by any such waste hauler or generator; 9 (C) all compost generated by the composting 10 facility is applied at agronomic rates and used as 11 mulch, fertilizer or soil conditioner on land 12 actually farmed by the person operating the 13 composting facility, and the finished compost is not 14 stored at the composting site for a period longer 15 than 18 months prior to its application as mulch, 16 fertilizer, or soil conditioner; 17 (D) the owner or operator, by January 1, 1990 18 (or the January 1 following commencement of 19 operation, whichever is later) and January 1 of each 20 year thereafter, (i) registers the site with the 21 Agency, (ii) reports to the Agency on the volume of 22 composting material received and used at the site, 23 (iii) certifies to the Agency that the site complies 24 with the requirements set forth in subparagraphs 25 (A), (B) and (C) of this paragraph (q)(3), and (iv) 26 certifies to the Agency that all composting material 27 was placed more than 200 feet from the nearest 28 potable water supply well, was placed outside the 29 boundary of the 10-year floodplain or on a part of 30 the site that is floodproofed, was placed at least 31 1/4 mile from the nearest residence (other than a 32 residence located on the same property as the 33 facility) and there are not more than 10 occupied 34 non-farm residences within 1/2 mile of the HB0909 Engrossed -9- LRB9103521LDmb 1 boundaries of the site on the date of application, 2 and was placed more than 5 feet above the water 3 table. 4 For the purposes of this subsection (q), "agronomic 5 rates" means the application of not more than 20 tons per 6 acre per year, except that the Agency may allow a higher rate 7 for individual sites where the owner or operator has 8 demonstrated to the Agency that the site's soil 9 characteristics or crop needs require a higher rate. 10 (r) Cause or allow the storage or disposal of coal 11 combustion waste unless: 12 (1) such waste is stored or disposed of at a site 13 or facility for which a permit has been obtained or is 14 not otherwise required under subsection (d) of this 15 Section; or 16 (2) such waste is stored or disposed of as a part 17 of the design and reclamation of a site or facility which 18 is an abandoned mine site in accordance with the 19 Abandoned Mined Lands and Water Reclamation Act; or 20 (3) such waste is stored or disposed of at a site 21 or facility which is operating under NPDES and Subtitle D 22 permits issued by the Agency pursuant to regulations 23 adopted by the Board for mine-related water pollution and 24 permits issued pursuant to the Federal Surface Mining 25 Control and Reclamation Act of 1977 (P.L. 95-87) or the 26 rules and regulations thereunder or any law or rule or 27 regulation adopted by the State of Illinois pursuant 28 thereto, and the owner or operator of the facility agrees 29 to accept the waste; and either 30 (i) such waste is stored or disposed of in 31 accordance with requirements applicable to refuse 32 disposal under regulations adopted by the Board for 33 mine-related water pollution and pursuant to NPDES 34 and Subtitle D permits issued by the Agency under HB0909 Engrossed -10- LRB9103521LDmb 1 such regulations; or 2 (ii) the owner or operator of the facility 3 demonstrates all of the following to the Agency, and 4 the facility is operated in accordance with the 5 demonstration as approved by the Agency: (1) the 6 disposal area will be covered in a manner that will 7 support continuous vegetation, (2) the facility will 8 be adequately protected from wind and water erosion, 9 (3) the pH will be maintained so as to prevent 10 excessive leaching of metal ions, and (4) adequate 11 containment or other measures will be provided to 12 protect surface water and groundwater from 13 contamination at levels prohibited by this Act, the 14 Illinois Groundwater Protection Act, or regulations 15 adopted pursuant thereto. 16 Notwithstanding any other provision of this Title, the 17 disposal of coal combustion waste pursuant to item (2) or (3) 18 of this subdivision (r) shall be exempt from the other 19 provisions of this Title V, and notwithstanding the 20 provisions of Title X of this Act, the Agency is authorized 21 to grant experimental permits which include provision for the 22 disposal of wastes from the combustion of coal and other 23 materials pursuant to items (2) and (3) of this subdivision 24 (r). 25 (s) After April 1, 1989, offer for transportation, 26 transport, deliver, receive or accept special waste for which 27 a manifest is required, unless the manifest indicates that 28 the fee required under Section 22.8 of this Act has been 29 paid. 30 (t) Cause or allow a lateral expansion of a municipal 31 solid waste landfill unit on or after October 9, 1993, 32 without a permit modification, granted by the Agency, that 33 authorizes the lateral expansion. 34 (u) Conduct any vegetable by-product treatment, storage, HB0909 Engrossed -11- LRB9103521LDmb 1 disposal or transportation operation in violation of any 2 regulation, standards or permit requirements adopted by the 3 Board under this Act. However, no permit shall be required 4 under this Title V for the land application of vegetable 5 by-products conducted pursuant to Agency permit issued under 6 Title III of this Act to the generator of the vegetable 7 by-products. In addition, vegetable by-products may be 8 transported in this State without a special waste hauling 9 permit, and without the preparation and carrying of a 10 manifest. 11 (v) (Blank). 12 (w) Conduct any generation, transportation, or recycling 13 of construction or demolition debris, clean or general, or 14 uncontaminated soil generated during construction, 15 remodeling, repair, and demolition of utilities, structures, 16 and roads that is not commingled with any waste, without the 17 maintenance of documentation identifying the hauler, 18 generator, place of origin of the debris or soil, the weight 19 or volume of the debris or soil, and the location, owner, and 20 operator of the facility where the debris or soil was 21 transferred, disposed, recycled, or treated. This 22 documentation must be maintained by the generator, 23 transporter, or recycler for 3 years. This subsection (w) 24 shall not apply to (1) a permitted pollution control facility 25 that transfers or accepts construction or demolition debris, 26 clean or general, or uncontaminated soil for final disposal, 27 recycling, or treatment, (2) a public utility (as that term 28 is defined in the Public Utilities Act) or a municipal 29 utility, or (3) the Illinois Department of Transportation; 30 but it shall apply to an entity that contracts with a public 31 utility, a municipal utility, or the Illinois Department of 32 Transportation. The terms "generation" and "recycling" as 33 used in this subsection do not apply to clean construction or 34 demolition debris when (i) used as fill material below grade HB0909 Engrossed -12- LRB9103521LDmb 1 outside of a setback zone if covered by sufficient 2 uncontaminated soil to support vegetation within 30 days of 3 the completion of filling or if covered by a road or 4 structure, (ii) solely broken concrete without protruding 5 metal bars is used for erosion control, or (iii) milled 6 asphalt or crushed concrete is used as aggregate in 7 construction of the shoulder of a roadway. The terms 8 "generation" and "recycling", as used in this subsection, do 9 not apply to uncontaminated soil that is not commingled with 10 any waste when (i) used as fill material below grade or 11 contoured to grade, or (ii) used at the site of generation. 12 (Source: P.A. 89-93, eff. 7-6-95; 89-535, eff. 7-19-96; 13 90-219, eff. 7-25-97; 90-344, eff. 1-1-98; 90-475, eff. 14 8-17-97; 90-655, eff. 7-30-98; 90-761, eff. 8-14-98.) 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.