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91_SB1195
LRB9106155LDmb
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
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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.
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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
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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
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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
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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
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1 dump site.
2 The prohibitions specified in this subsection (p) shall
3 be enforceable by the Agency either by administrative
4 citation under Section 31.1 of this Act or as otherwise
5 provided by this Act. The specific prohibitions in this
6 subsection do not limit the power of the Board to establish
7 regulations or standards applicable to open dumping.
8 (q) Conduct a landscape waste composting operation
9 without an Agency permit, provided, however, that no permit
10 shall be required for any person:
11 (1) conducting a landscape waste composting
12 operation for landscape wastes generated by such person's
13 own activities which are stored, treated or disposed of
14 within the site where such wastes are generated; or
15 (2) applying landscape waste or composted landscape
16 waste at agronomic rates; or
17 (3) operating a landscape waste composting facility
18 on a farm, if the facility meets all of the following
19 criteria:
20 (A) the composting facility is operated by the
21 farmer on property on which the composting material
22 is utilized, and the composting facility constitutes
23 no more than 2% of the property's total acreage,
24 except that the Agency may allow a higher percentage
25 for individual sites where the owner or operator has
26 demonstrated to the Agency that the site's soil
27 characteristics or crop needs require a higher rate;
28 (B) the property on which the composting
29 facility is located, and any associated property on
30 which the compost is used, is principally and
31 diligently devoted to the production of agricultural
32 crops and is not owned, leased or otherwise
33 controlled by any waste hauler or generator of
34 nonagricultural compost materials, and the operator
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1 of the composting facility is not an employee,
2 partner, shareholder, or in any way connected with
3 or controlled by any such waste hauler or generator;
4 (C) all compost generated by the composting
5 facility is applied at agronomic rates and used as
6 mulch, fertilizer or soil conditioner on land
7 actually farmed by the person operating the
8 composting facility, and the finished compost is not
9 stored at the composting site for a period longer
10 than 18 months prior to its application as mulch,
11 fertilizer, or soil conditioner;
12 (D) the owner or operator, by January 1, 1990
13 (or the January 1 following commencement of
14 operation, whichever is later) and January 1 of each
15 year thereafter, (i) registers the site with the
16 Agency, (ii) reports to the Agency on the volume of
17 composting material received and used at the site,
18 (iii) certifies to the Agency that the site complies
19 with the requirements set forth in subparagraphs
20 (A), (B) and (C) of this paragraph (q)(3), and (iv)
21 certifies to the Agency that all composting material
22 was placed more than 200 feet from the nearest
23 potable water supply well, was placed outside the
24 boundary of the 10-year floodplain or on a part of
25 the site that is floodproofed, was placed at least
26 1/4 mile from the nearest residence (other than a
27 residence located on the same property as the
28 facility) and there are not more than 10 occupied
29 non-farm residences within 1/2 mile of the
30 boundaries of the site on the date of application,
31 and was placed more than 5 feet above the water
32 table.
33 For the purposes of this subsection (q), "agronomic
34 rates" means the application of not more than 20 tons per
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1 acre per year, except that the Agency may allow a higher rate
2 for individual sites where the owner or operator has
3 demonstrated to the Agency that the site's soil
4 characteristics or crop needs require a higher rate.
5 (r) Cause or allow the storage or disposal of coal
6 combustion waste unless:
7 (1) such waste is stored or disposed of at a site
8 or facility for which a permit has been obtained or is
9 not otherwise required under subsection (d) of this
10 Section; or
11 (2) such waste is stored or disposed of as a part
12 of the design and reclamation of a site or facility which
13 is an abandoned mine site in accordance with the
14 Abandoned Mined Lands and Water Reclamation Act; or
15 (3) such waste is stored or disposed of at a site
16 or facility which is operating under NPDES and Subtitle D
17 permits issued by the Agency pursuant to regulations
18 adopted by the Board for mine-related water pollution and
19 permits issued pursuant to the Federal Surface Mining
20 Control and Reclamation Act of 1977 (P.L. 95-87) or the
21 rules and regulations thereunder or any law or rule or
22 regulation adopted by the State of Illinois pursuant
23 thereto, and the owner or operator of the facility agrees
24 to accept the waste; and either
25 (i) such waste is stored or disposed of in
26 accordance with requirements applicable to refuse
27 disposal under regulations adopted by the Board for
28 mine-related water pollution and pursuant to NPDES
29 and Subtitle D permits issued by the Agency under
30 such regulations; or
31 (ii) the owner or operator of the facility
32 demonstrates all of the following to the Agency, and
33 the facility is operated in accordance with the
34 demonstration as approved by the Agency: (1) the
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1 disposal area will be covered in a manner that will
2 support continuous vegetation, (2) the facility will
3 be adequately protected from wind and water erosion,
4 (3) the pH will be maintained so as to prevent
5 excessive leaching of metal ions, and (4) adequate
6 containment or other measures will be provided to
7 protect surface water and groundwater from
8 contamination at levels prohibited by this Act, the
9 Illinois Groundwater Protection Act, or regulations
10 adopted pursuant thereto.
11 Notwithstanding any other provision of this Title, the
12 disposal of coal combustion waste pursuant to item (2) or (3)
13 of this subdivision (r) shall be exempt from the other
14 provisions of this Title V, and notwithstanding the
15 provisions of Title X of this Act, the Agency is authorized
16 to grant experimental permits which include provision for the
17 disposal of wastes from the combustion of coal and other
18 materials pursuant to items (2) and (3) of this subdivision
19 (r).
20 (s) After April 1, 1989, offer for transportation,
21 transport, deliver, receive or accept special waste for which
22 a manifest is required, unless the manifest indicates that
23 the fee required under Section 22.8 of this Act has been
24 paid.
25 (t) Cause or allow a lateral expansion of a municipal
26 solid waste landfill unit on or after October 9, 1993,
27 without a permit modification, granted by the Agency, that
28 authorizes the lateral expansion.
29 (u) Conduct any vegetable by-product treatment, storage,
30 disposal or transportation operation in violation of any
31 regulation, standards or permit requirements adopted by the
32 Board under this Act. However, no permit shall be required
33 under this Title V for the land application of vegetable
34 by-products conducted pursuant to Agency permit issued under
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1 Title III of this Act to the generator of the vegetable
2 by-products. In addition, vegetable by-products may be
3 transported in this State without a special waste hauling
4 permit, and without the preparation and carrying of a
5 manifest.
6 (v) (Blank).
7 (w) Conduct any generation, transportation, or recycling
8 of construction or demolition debris, clean or general, or
9 uncontaminated soil generated during construction,
10 remodeling, repair, and demolition of utilities, structures,
11 and roads that is not commingled with any waste, without the
12 maintenance of documentation identifying the hauler,
13 generator, place of origin of the debris or soil, the weight
14 or volume of the debris or soil, and the location, owner, and
15 operator of the facility where the debris or soil was
16 transferred, disposed, recycled, or treated. This
17 documentation must be maintained by the generator,
18 transporter, or recycler for 3 years. This subsection (w)
19 shall not apply to (1) a permitted pollution control facility
20 that transfers or accepts construction or demolition debris,
21 clean or general, or uncontaminated soil for final disposal,
22 recycling, or treatment, (2) a public utility (as that term
23 is defined in the Public Utilities Act) or a municipal
24 utility, or (3) the Illinois Department of Transportation, or
25 (4) a local government entity located in a municipality
26 having a population of 500,000 inhabitants or less; but it
27 shall apply to an entity that contracts with a public
28 utility, a municipal utility, or the Illinois Department of
29 Transportation, or a local government entity. The terms
30 "generation" and "recycling" as used in this subsection do
31 not apply to clean construction or demolition debris when (i)
32 used as fill material below grade outside of a setback zone
33 if covered by sufficient uncontaminated soil to support
34 vegetation within 30 days of the completion of filling or if
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1 covered by a road or structure, (ii) solely broken concrete
2 without protruding metal bars is used for erosion control, or
3 (iii) milled asphalt or crushed concrete is used as aggregate
4 in construction of the shoulder of a roadway. The terms
5 "generation" and "recycling", as used in this subsection, do
6 not apply to uncontaminated soil that is not commingled with
7 any waste when (i) used as fill material below grade or
8 contoured to grade, or (ii) used at the site of generation.
9 (Source: P.A. 89-93, eff. 7-6-95; 89-535, eff. 7-19-96;
10 90-219, eff. 7-25-97; 90-344, eff. 1-1-98; 90-475, eff.
11 8-17-97; 90-655, eff. 7-30-98; 90-761, eff. 8-14-98.)