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| [ House Amendment 002 ] |
91_HB0909ham001
LRB9103521LDmbam01
1 AMENDMENT TO HOUSE BILL 909
2 AMENDMENT NO. . Amend House Bill 909 by replacing
3 the title with the following:
4 "AN ACT to amend the Environmental Protection Act by
5 changing Section 21."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Environmental Protection Act is amended
9 by changing Section 21 as follows:
10 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
11 Sec. 21. No person shall:
12 (a) Cause or allow the open dumping of any waste.
13 (b) Abandon, dump, or deposit any waste upon the public
14 highways or other public property, except in a sanitary
15 landfill approved by the Agency pursuant to regulations
16 adopted by the Board.
17 (c) Abandon any vehicle in violation of the "Abandoned
18 Vehicles Amendment to the Illinois Vehicle Code", as enacted
19 by the 76th General Assembly.
20 (d) Conduct any waste-storage, waste-treatment, or
21 waste-disposal operation:
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1 (1) without a permit granted by the Agency or in
2 violation of any conditions imposed by such permit,
3 including periodic reports and full access to adequate
4 records and the inspection of facilities, as may be
5 necessary to assure compliance with this Act and with
6 regulations and standards adopted thereunder; provided,
7 however, that, except for municipal solid waste landfill
8 units that receive waste on or after October 9, 1993, no
9 permit shall be required for (i) any person conducting a
10 waste-storage, waste-treatment, or waste-disposal
11 operation for wastes generated by such person's own
12 activities which are stored, treated, or disposed within
13 the site where such wastes are generated, or (ii) a
14 facility located in a county with a population over
15 700,000, operated and located in accordance with Section
16 22.38 of this Act, and used exclusively for the transfer,
17 storage, or treatment of general construction or
18 demolition debris;
19 (2) in violation of any regulations or standards
20 adopted by the Board under this Act; or
21 (3) which receives waste after August 31, 1988,
22 does not have a permit issued by the Agency, and is (i) a
23 landfill used exclusively for the disposal of waste
24 generated at the site, (ii) a surface impoundment
25 receiving special waste not listed in an NPDES permit,
26 (iii) a waste pile in which the total volume of waste is
27 greater than 100 cubic yards or the waste is stored for
28 over one year, or (iv) a land treatment facility
29 receiving special waste generated at the site; without
30 giving notice of the operation to the Agency by January
31 1, 1989, or 30 days after the date on which the operation
32 commences, whichever is later, and every 3 years
33 thereafter. The form for such notification shall be
34 specified by the Agency, and shall be limited to
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1 information regarding: the name and address of the
2 location of the operation; the type of operation; the
3 types and amounts of waste stored, treated or disposed of
4 on an annual basis; the remaining capacity of the
5 operation; and the remaining expected life of the
6 operation.
7 Item (3) of this subsection (d) shall not apply to any
8 person engaged in agricultural activity who is disposing of a
9 substance that constitutes solid waste, if the substance was
10 acquired for use by that person on his own property, and the
11 substance is disposed of on his own property in accordance
12 with regulations or standards adopted by the Board.
13 This subsection (d) shall not apply to hazardous waste.
14 (e) Dispose, treat, store or abandon any waste, or
15 transport any waste into this State for disposal, treatment,
16 storage or abandonment, except at a site or facility which
17 meets the requirements of this Act and of regulations and
18 standards thereunder.
19 (f) Conduct any hazardous waste-storage, hazardous
20 waste-treatment or hazardous waste-disposal operation:
21 (1) without a RCRA permit for the site issued by
22 the Agency under subsection (d) of Section 39 of this
23 Act, or in violation of any condition imposed by such
24 permit, including periodic reports and full access to
25 adequate records and the inspection of facilities, as may
26 be necessary to assure compliance with this Act and with
27 regulations and standards adopted thereunder; or
28 (2) in violation of any regulations or standards
29 adopted by the Board under this Act; or
30 (3) in violation of any RCRA permit filing
31 requirement established under standards adopted by the
32 Board under this Act; or
33 (4) in violation of any order adopted by the Board
34 under this Act.
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1 Notwithstanding the above, no RCRA permit shall be
2 required under this subsection or subsection (d) of Section
3 39 of this Act for any person engaged in agricultural
4 activity who is disposing of a substance which has been
5 identified as a hazardous waste, and which has been
6 designated by Board regulations as being subject to this
7 exception, if the substance was acquired for use by that
8 person on his own property and the substance is disposed of
9 on his own property in accordance with regulations or
10 standards adopted by the Board.
11 (g) Conduct any hazardous waste-transportation
12 operation:
13 (1) without registering with and obtaining a permit
14 from the Agency in accordance with the Uniform Program
15 implemented under subsection (l-5) of Section 22.2; or
16 (2) in violation of any regulations or standards
17 adopted by the Board under this Act.
18 (h) Conduct any hazardous waste-recycling or hazardous
19 waste-reclamation or hazardous waste-reuse operation in
20 violation of any regulations, standards or permit
21 requirements adopted by the Board under this Act.
22 (i) Conduct any process or engage in any act which
23 produces hazardous waste in violation of any regulations or
24 standards adopted by the Board under subsections (a) and (c)
25 of Section 22.4 of this Act.
26 (j) Conduct any special waste transportation operation
27 in violation of any regulations, standards or permit
28 requirements adopted by the Board under this Act. However,
29 sludge from a water or sewage treatment plant owned and
30 operated by a unit of local government which (1) is subject
31 to a sludge management plan approved by the Agency or a
32 permit granted by the Agency, and (2) has been tested and
33 determined not to be a hazardous waste as required by
34 applicable State and federal laws and regulations, may be
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1 transported in this State without a special waste hauling
2 permit, and the preparation and carrying of a manifest shall
3 not be required for such sludge under the rules of the
4 Pollution Control Board. The unit of local government which
5 operates the treatment plant producing such sludge shall file
6 a semiannual report with the Agency identifying the volume of
7 such sludge transported during the reporting period, the
8 hauler of the sludge, and the disposal sites to which it was
9 transported. This subsection (j) shall not apply to hazardous
10 waste.
11 (k) Fail or refuse to pay any fee imposed under this
12 Act.
13 (l) Locate a hazardous waste disposal site above an
14 active or inactive shaft or tunneled mine or within 2 miles
15 of an active fault in the earth's crust. In counties of
16 population less than 225,000 no hazardous waste disposal site
17 shall be located (1) within 1 1/2 miles of the corporate
18 limits as defined on June 30, 1978, of any municipality
19 without the approval of the governing body of the
20 municipality in an official action; or (2) within 1000 feet
21 of an existing private well or the existing source of a
22 public water supply measured from the boundary of the actual
23 active permitted site and excluding existing private wells on
24 the property of the permit applicant. The provisions of this
25 subsection do not apply to publicly-owned sewage works or the
26 disposal or utilization of sludge from publicly-owned sewage
27 works.
28 (m) Transfer interest in any land which has been used as
29 a hazardous waste disposal site without written notification
30 to the Agency of the transfer and to the transferee of the
31 conditions imposed by the Agency upon its use under
32 subsection (g) of Section 39.
33 (n) Use any land which has been used as a hazardous
34 waste disposal site except in compliance with conditions
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1 imposed by the Agency under subsection (g) of Section 39.
2 (o) Conduct a sanitary landfill operation which is
3 required to have a permit under subsection (d) of this
4 Section, in a manner which results in any of the following
5 conditions:
6 (1) refuse in standing or flowing waters;
7 (2) leachate flows entering waters of the State;
8 (3) leachate flows exiting the landfill confines
9 (as determined by the boundaries established for the
10 landfill by a permit issued by the Agency);
11 (4) open burning of refuse in violation of Section
12 9 of this Act;
13 (5) uncovered refuse remaining from any previous
14 operating day or at the conclusion of any operating day,
15 unless authorized by permit;
16 (6) failure to provide final cover within time
17 limits established by Board regulations;
18 (7) acceptance of wastes without necessary permits;
19 (8) scavenging as defined by Board regulations;
20 (9) deposition of refuse in any unpermitted portion
21 of the landfill;
22 (10) acceptance of a special waste without a
23 required manifest;
24 (11) failure to submit reports required by permits
25 or Board regulations;
26 (12) failure to collect and contain litter from the
27 site by the end of each operating day;
28 (13) failure to submit any cost estimate for the
29 site or any performance bond or other security for the
30 site as required by this Act or Board rules.
31 The prohibitions specified in this subsection (o) shall
32 be enforceable by the Agency either by administrative
33 citation under Section 31.1 of this Act or as otherwise
34 provided by this Act. The specific prohibitions in this
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1 subsection do not limit the power of the Board to establish
2 regulations or standards applicable to sanitary landfills.
3 (p) In violation of subdivision (a) of this Section,
4 cause or allow the open dumping of any waste in a manner
5 which results in any of the following occurrences at the dump
6 site:
7 (1) litter;
8 (2) scavenging;
9 (3) open burning;
10 (4) deposition of waste in standing or flowing
11 waters;
12 (5) proliferation of disease vectors;
13 (6) standing or flowing liquid discharge from the
14 dump site;.
15 (7) deposition of:
16 (i) general construction or demolition debris
17 as defined in Section 3.78 of this Act; or
18 (ii) clean construction or demolition debris
19 as defined in Section 3.78a of this Act.
20 The prohibitions specified in this subsection (p) shall
21 be enforceable by the Agency either by administrative
22 citation under Section 31.1 of this Act or as otherwise
23 provided by this Act. The specific prohibitions in this
24 subsection do not limit the power of the Board to establish
25 regulations or standards applicable to open dumping.
26 (q) Conduct a landscape waste composting operation
27 without an Agency permit, provided, however, that no permit
28 shall be required for any person:
29 (1) conducting a landscape waste composting
30 operation for landscape wastes generated by such person's
31 own activities which are stored, treated or disposed of
32 within the site where such wastes are generated; or
33 (2) applying landscape waste or composted landscape
34 waste at agronomic rates; or
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1 (3) operating a landscape waste composting facility
2 on a farm, if the facility meets all of the following
3 criteria:
4 (A) the composting facility is operated by the
5 farmer on property on which the composting material
6 is utilized, and the composting facility constitutes
7 no more than 2% of the property's total acreage,
8 except that the Agency may allow a higher percentage
9 for individual sites where the owner or operator has
10 demonstrated to the Agency that the site's soil
11 characteristics or crop needs require a higher rate;
12 (B) the property on which the composting
13 facility is located, and any associated property on
14 which the compost is used, is principally and
15 diligently devoted to the production of agricultural
16 crops and is not owned, leased or otherwise
17 controlled by any waste hauler or generator of
18 nonagricultural compost materials, and the operator
19 of the composting facility is not an employee,
20 partner, shareholder, or in any way connected with
21 or controlled by any such waste hauler or generator;
22 (C) all compost generated by the composting
23 facility is applied at agronomic rates and used as
24 mulch, fertilizer or soil conditioner on land
25 actually farmed by the person operating the
26 composting facility, and the finished compost is not
27 stored at the composting site for a period longer
28 than 18 months prior to its application as mulch,
29 fertilizer, or soil conditioner;
30 (D) the owner or operator, by January 1, 1990
31 (or the January 1 following commencement of
32 operation, whichever is later) and January 1 of each
33 year thereafter, (i) registers the site with the
34 Agency, (ii) reports to the Agency on the volume of
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1 composting material received and used at the site,
2 (iii) certifies to the Agency that the site complies
3 with the requirements set forth in subparagraphs
4 (A), (B) and (C) of this paragraph (q)(3), and (iv)
5 certifies to the Agency that all composting material
6 was placed more than 200 feet from the nearest
7 potable water supply well, was placed outside the
8 boundary of the 10-year floodplain or on a part of
9 the site that is floodproofed, was placed at least
10 1/4 mile from the nearest residence (other than a
11 residence located on the same property as the
12 facility) and there are not more than 10 occupied
13 non-farm residences within 1/2 mile of the
14 boundaries of the site on the date of application,
15 and was placed more than 5 feet above the water
16 table.
17 For the purposes of this subsection (q), "agronomic
18 rates" means the application of not more than 20 tons per
19 acre per year, except that the Agency may allow a higher rate
20 for individual sites where the owner or operator has
21 demonstrated to the Agency that the site's soil
22 characteristics or crop needs require a higher rate.
23 (r) Cause or allow the storage or disposal of coal
24 combustion waste unless:
25 (1) such waste is stored or disposed of at a site
26 or facility for which a permit has been obtained or is
27 not otherwise required under subsection (d) of this
28 Section; or
29 (2) such waste is stored or disposed of as a part
30 of the design and reclamation of a site or facility which
31 is an abandoned mine site in accordance with the
32 Abandoned Mined Lands and Water Reclamation Act; or
33 (3) such waste is stored or disposed of at a site
34 or facility which is operating under NPDES and Subtitle D
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1 permits issued by the Agency pursuant to regulations
2 adopted by the Board for mine-related water pollution and
3 permits issued pursuant to the Federal Surface Mining
4 Control and Reclamation Act of 1977 (P.L. 95-87) or the
5 rules and regulations thereunder or any law or rule or
6 regulation adopted by the State of Illinois pursuant
7 thereto, and the owner or operator of the facility agrees
8 to accept the waste; and either
9 (i) such waste is stored or disposed of in
10 accordance with requirements applicable to refuse
11 disposal under regulations adopted by the Board for
12 mine-related water pollution and pursuant to NPDES
13 and Subtitle D permits issued by the Agency under
14 such regulations; or
15 (ii) the owner or operator of the facility
16 demonstrates all of the following to the Agency, and
17 the facility is operated in accordance with the
18 demonstration as approved by the Agency: (1) the
19 disposal area will be covered in a manner that will
20 support continuous vegetation, (2) the facility will
21 be adequately protected from wind and water erosion,
22 (3) the pH will be maintained so as to prevent
23 excessive leaching of metal ions, and (4) adequate
24 containment or other measures will be provided to
25 protect surface water and groundwater from
26 contamination at levels prohibited by this Act, the
27 Illinois Groundwater Protection Act, or regulations
28 adopted pursuant thereto.
29 Notwithstanding any other provision of this Title, the
30 disposal of coal combustion waste pursuant to item (2) or (3)
31 of this subdivision (r) shall be exempt from the other
32 provisions of this Title V, and notwithstanding the
33 provisions of Title X of this Act, the Agency is authorized
34 to grant experimental permits which include provision for the
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1 disposal of wastes from the combustion of coal and other
2 materials pursuant to items (2) and (3) of this subdivision
3 (r).
4 (s) After April 1, 1989, offer for transportation,
5 transport, deliver, receive or accept special waste for which
6 a manifest is required, unless the manifest indicates that
7 the fee required under Section 22.8 of this Act has been
8 paid.
9 (t) Cause or allow a lateral expansion of a municipal
10 solid waste landfill unit on or after October 9, 1993,
11 without a permit modification, granted by the Agency, that
12 authorizes the lateral expansion.
13 (u) Conduct any vegetable by-product treatment, storage,
14 disposal or transportation operation in violation of any
15 regulation, standards or permit requirements adopted by the
16 Board under this Act. However, no permit shall be required
17 under this Title V for the land application of vegetable
18 by-products conducted pursuant to Agency permit issued under
19 Title III of this Act to the generator of the vegetable
20 by-products. In addition, vegetable by-products may be
21 transported in this State without a special waste hauling
22 permit, and without the preparation and carrying of a
23 manifest.
24 (v) (Blank).
25 (w) Conduct any generation, transportation, or recycling
26 of construction or demolition debris, clean or general, or
27 uncontaminated soil generated during construction,
28 remodeling, repair, and demolition of utilities, structures,
29 and roads that is not commingled with any waste, without the
30 maintenance of documentation identifying the hauler,
31 generator, place of origin of the debris or soil, the weight
32 or volume of the debris or soil, and the location, owner, and
33 operator of the facility where the debris or soil was
34 transferred, disposed, recycled, or treated. This
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1 documentation must be maintained by the generator,
2 transporter, or recycler for 3 years. This subsection (w)
3 shall not apply to (1) a permitted pollution control facility
4 that transfers or accepts construction or demolition debris,
5 clean or general, or uncontaminated soil for final disposal,
6 recycling, or treatment, (2) a public utility (as that term
7 is defined in the Public Utilities Act) or a municipal
8 utility, or (3) the Illinois Department of Transportation;
9 but it shall apply to an entity that contracts with a public
10 utility, a municipal utility, or the Illinois Department of
11 Transportation. The terms "generation" and "recycling" as
12 used in this subsection do not apply to clean construction or
13 demolition debris when (i) used as fill material below grade
14 outside of a setback zone if covered by sufficient
15 uncontaminated soil to support vegetation within 30 days of
16 the completion of filling or if covered by a road or
17 structure, (ii) solely broken concrete without protruding
18 metal bars is used for erosion control, or (iii) milled
19 asphalt or crushed concrete is used as aggregate in
20 construction of the shoulder of a roadway. The terms
21 "generation" and "recycling", as used in this subsection, do
22 not apply to uncontaminated soil that is not commingled with
23 any waste when (i) used as fill material below grade or
24 contoured to grade, or (ii) used at the site of generation.
25 (Source: P.A. 89-93, eff. 7-6-95; 89-535, eff. 7-19-96;
26 90-219, eff. 7-25-97; 90-344, eff. 1-1-98; 90-475, eff.
27 8-17-97; 90-655, eff. 7-30-98; 90-761, eff. 8-14-98.)".