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| [ Introduced ] | [ House Amendment 001 ] |
92_HB0759eng HB0759 Engrossed LRB9202494LDpr 1 AN ACT in relation to environmental matters. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Environmental Protection Act is amended 5 by changing Section 21 as follows: 6 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021) 7 Sec. 21. No person shall: 8 (a) Cause or allow the open dumping of any waste. 9 (b) Abandon, dump, or deposit any waste upon the public 10 highways or other public property, except in a sanitary 11 landfill approved by the Agency pursuant to regulations 12 adopted by the Board. 13 (c) Abandon any vehicle in violation of the "Abandoned 14 Vehicles Amendment to the Illinois Vehicle Code", as enacted 15 by the 76th General Assembly. 16 (d) Conduct any waste-storage, waste-treatment, or 17 waste-disposal operation: 18 (1) without a permit granted by the Agency or in 19 violation of any conditions imposed by such permit, 20 including periodic reports and full access to adequate 21 records and the inspection of facilities, as may be 22 necessary to assure compliance with this Act and with 23 regulations and standards adopted thereunder; provided, 24 however, that, except for municipal solid waste landfill 25 units that receive waste on or after October 9, 1993, no 26 permit shall be required for (i) any person conducting a 27 waste-storage, waste-treatment, or waste-disposal 28 operation for wastes generated by such person's own 29 activities which are stored, treated, or disposed within 30 the site where such wastes are generated, or (ii) a 31 facility located in a county with a population over HB0759 Engrossed -2- LRB9202494LDpr 1 700,000, operated and located in accordance with Section 2 22.38 of this Act, and used exclusively for the transfer, 3 storage, or treatment of general construction or 4 demolition debris; 5 (2) in violation of any regulations or standards 6 adopted by the Board under this Act; or 7 (3) which receives waste after August 31, 1988, 8 does not have a permit issued by the Agency, and is (i) a 9 landfill used exclusively for the disposal of waste 10 generated at the site, (ii) a surface impoundment 11 receiving special waste not listed in an NPDES permit, 12 (iii) a waste pile in which the total volume of waste is 13 greater than 100 cubic yards or the waste is stored for 14 over one year, or (iv) a land treatment facility 15 receiving special waste generated at the site; without 16 giving notice of the operation to the Agency by January 17 1, 1989, or 30 days after the date on which the operation 18 commences, whichever is later, and every 3 years 19 thereafter. The form for such notification shall be 20 specified by the Agency, and shall be limited to 21 information regarding: the name and address of the 22 location of the operation; the type of operation; the 23 types and amounts of waste stored, treated or disposed of 24 on an annual basis; the remaining capacity of the 25 operation; and the remaining expected life of the 26 operation. 27 Item (3) of this subsection (d) shall not apply to any 28 person engaged in agricultural activity who is disposing of a 29 substance that constitutes solid waste, if the substance was 30 acquired for use by that person on his own property, and the 31 substance is disposed of on his own property in accordance 32 with regulations or standards adopted by the Board. 33 This subsection (d) shall not apply to hazardous waste. 34 (e) Dispose, treat, store or abandon any waste, or HB0759 Engrossed -3- LRB9202494LDpr 1 transport any waste into this State for disposal, treatment, 2 storage or abandonment, except at a site or facility which 3 meets the requirements of this Act and of regulations and 4 standards thereunder. 5 (f) Conduct any hazardous waste-storage, hazardous 6 waste-treatment or hazardous waste-disposal operation: 7 (1) without a RCRA permit for the site issued by 8 the Agency under subsection (d) of Section 39 of this 9 Act, or in violation of any condition imposed by such 10 permit, including periodic reports and full access to 11 adequate records and the inspection of facilities, as may 12 be necessary to assure compliance with this Act and with 13 regulations and standards adopted thereunder; or 14 (2) in violation of any regulations or standards 15 adopted by the Board under this Act; or 16 (3) in violation of any RCRA permit filing 17 requirement established under standards adopted by the 18 Board under this Act; or 19 (4) in violation of any order adopted by the Board 20 under this Act. 21 Notwithstanding the above, no RCRA permit shall be 22 required under this subsection or subsection (d) of Section 23 39 of this Act for any person engaged in agricultural 24 activity who is disposing of a substance which has been 25 identified as a hazardous waste, and which has been 26 designated by Board regulations as being subject to this 27 exception, if the substance was acquired for use by that 28 person on his own property and the substance is disposed of 29 on his own property in accordance with regulations or 30 standards adopted by the Board. 31 (g) Conduct any hazardous waste-transportation 32 operation: 33 (1) without registering with and obtaining a permit 34 from the Agency in accordance with the Uniform Program HB0759 Engrossed -4- LRB9202494LDpr 1 implemented under subsection (l-5) of Section 22.2; or 2 (2) in violation of any regulations or standards 3 adopted by the Board under this Act. 4 (h) Conduct any hazardous waste-recycling or hazardous 5 waste-reclamation or hazardous waste-reuse operation in 6 violation of any regulations, standards or permit 7 requirements adopted by the Board under this Act. 8 (i) Conduct any process or engage in any act which 9 produces hazardous waste in violation of any regulations or 10 standards adopted by the Board under subsections (a) and (c) 11 of Section 22.4 of this Act. 12 (j) Conduct any special waste transportation operation 13 in violation of any regulations, standards or permit 14 requirements adopted by the Board under this Act. However, 15 sludge from a water or sewage treatment plant owned and 16 operated by a unit of local government which (1) is subject 17 to a sludge management plan approved by the Agency or a 18 permit granted by the Agency, and (2) has been tested and 19 determined not to be a hazardous waste as required by 20 applicable State and federal laws and regulations, may be 21 transported in this State without a special waste hauling 22 permit, and the preparation and carrying of a manifest shall 23 not be required for such sludge under the rules of the 24 Pollution Control Board. The unit of local government which 25 operates the treatment plant producing such sludge shall file 26 a semiannual report with the Agency identifying the volume of 27 such sludge transported during the reporting period, the 28 hauler of the sludge, and the disposal sites to which it was 29 transported. This subsection (j) shall not apply to hazardous 30 waste. 31 (k) Fail or refuse to pay any fee imposed under this 32 Act. 33 (l) Locate a hazardous waste disposal site above an 34 active or inactive shaft or tunneled mine or within 2 miles HB0759 Engrossed -5- LRB9202494LDpr 1 of an active fault in the earth's crust. In counties of 2 population less than 225,000 no hazardous waste disposal site 3 shall be located (1) within 1 1/2 miles of the corporate 4 limits as defined on June 30, 1978, of any municipality 5 without the approval of the governing body of the 6 municipality in an official action; or (2) within 1000 feet 7 of an existing private well or the existing source of a 8 public water supply measured from the boundary of the actual 9 active permitted site and excluding existing private wells on 10 the property of the permit applicant. The provisions of this 11 subsection do not apply to publicly-owned sewage works or the 12 disposal or utilization of sludge from publicly-owned sewage 13 works. 14 (m) Transfer interest in any land which has been used as 15 a hazardous waste disposal site without written notification 16 to the Agency of the transfer and to the transferee of the 17 conditions imposed by the Agency upon its use under 18 subsection (g) of Section 39. 19 (n) Use any land which has been used as a hazardous 20 waste disposal site except in compliance with conditions 21 imposed by the Agency under subsection (g) of Section 39. 22 (o) Conduct a sanitary landfill operation which is 23 required to have a permit under subsection (d) of this 24 Section, in a manner which results in any of the following 25 conditions: 26 (1) refuse in standing or flowing waters; 27 (2) leachate flows entering waters of the State; 28 (3) leachate flows exiting the landfill confines 29 (as determined by the boundaries established for the 30 landfill by a permit issued by the Agency); 31 (4) open burning of refuse in violation of Section 32 9 of this Act; 33 (5) uncovered refuse remaining from any previous 34 operating day or at the conclusion of any operating day, HB0759 Engrossed -6- LRB9202494LDpr 1 unless authorized by permit; 2 (6) failure to provide final cover within time 3 limits established by Board regulations; 4 (7) acceptance of wastes without necessary permits; 5 (8) scavenging as defined by Board regulations; 6 (9) deposition of refuse in any unpermitted portion 7 of the landfill; 8 (10) acceptance of a special waste without a 9 required manifest; 10 (11) failure to submit reports required by permits 11 or Board regulations; 12 (12) failure to collect and contain litter from the 13 site by the end of each operating day; 14 (13) failure to submit any cost estimate for the 15 site or any performance bond or other security for the 16 site as required by this Act or Board rules. 17 The prohibitions specified in this subsection (o) shall 18 be enforceable by the Agency either by administrative 19 citation under Section 31.1 of this Act or as otherwise 20 provided by this Act. The specific prohibitions in this 21 subsection do not limit the power of the Board to establish 22 regulations or standards applicable to sanitary landfills. 23 (p) In violation of subdivision (a) of this Section, 24 cause or allow the open dumping of any waste in a manner 25 which results in any of the following occurrences at the dump 26 site: 27 (1) litter; 28 (2) scavenging; 29 (3) open burning; 30 (4) deposition of waste in standing or flowing 31 waters; 32 (5) proliferation of disease vectors; 33 (6) standing or flowing liquid discharge from the 34 dump site; HB0759 Engrossed -7- LRB9202494LDpr 1 (7) deposition of: 2 (i) general construction or demolition debris 3 as defined in Section 3.78 of this Act; or 4 (ii) clean construction or demolition debris 5 as defined in Section 3.78a of this Act. 6 The prohibitions specified in this subsection (p) shall 7 be enforceable by the Agency either by administrative 8 citation under Section 31.1 of this Act or as otherwise 9 provided by this Act. The specific prohibitions in this 10 subsection do not limit the power of the Board to establish 11 regulations or standards applicable to open dumping. 12 (q) Conduct a landscape waste composting operation 13 without an Agency permit, provided, however, that no permit 14 shall be required for any person: 15 (1) conducting a landscape waste composting 16 operation for landscape wastes generated by such person's 17 own activities which are stored, treated or disposed of 18 within the site where such wastes are generated; or 19 (2) applying landscape waste or composted landscape 20 waste at agronomic rates; or 21 (3) operating a landscape waste composting facility 22 on a farm, if the facility meets all of the following 23 criteria: 24 (A) the composting facility is operated by the 25 farmer on property on which the composting material 26 is utilized, and the composting facility constitutes 27 no more than 2% of the property's total acreage, 28 except that the Agency may allow a higher percentage 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 (B) the property on which the composting 33 facility is located, and any associated property on 34 which the compost is used, is principally and HB0759 Engrossed -8- LRB9202494LDpr 1 diligently devoted to the production of agricultural 2 crops and is not owned, leased or otherwise 3 controlled by any waste hauler or generator of 4 nonagricultural compost materials, and the operator 5 of the composting facility is not an employee, 6 partner, shareholder, or in any way connected with 7 or controlled by any such waste hauler or generator; 8 (C) all compost generated by the composting 9 facility is applied at agronomic rates and used as 10 mulch, fertilizer or soil conditioner on land 11 actually farmed by the person operating the 12 composting facility, and the finished compost is not 13 stored at the composting site for a period longer 14 than 18 months prior to its application as mulch, 15 fertilizer, or soil conditioner; 16 (D) the owner or operator, by January 1, 1990 17 (or the January 1 following commencement of 18 operation, whichever is later) and January 1 of each 19 year thereafter, (i) registers the site with the 20 Agency, (ii) reports to the Agency on the volume of 21 composting material received and used at the site, 22 (iii) certifies to the Agency that the site complies 23 with the requirements set forth in subparagraphs 24 (A), (B) and (C) of this paragraph (q)(3), and (iv) 25 certifies to the Agency that all composting material 26 was placed more than 200 feet from the nearest 27 potable water supply well, was placed outside the 28 boundary of the 10-year floodplain or on a part of 29 the site that is floodproofed, was placed at least 30 1/4 mile from the nearest residence (other than a 31 residence located on the same property as the 32 facility) and there are not more than 10 occupied 33 non-farm residences within 1/2 mile of the 34 boundaries of the site on the date of application, HB0759 Engrossed -9- LRB9202494LDpr 1 and was placed more than 5 feet above the water 2 table. 3 For the purposes of this subsection (q), "agronomic 4 rates" means the application of not more than 20 tons per 5 acre per year, except that the Agency may allow a higher rate 6 for individual sites where the owner or operator has 7 demonstrated to the Agency that the site's soil 8 characteristics or crop needs require a higher rate. 9 (r) Cause or allow the storage or disposal of coal 10 combustion waste unless: 11 (1) such waste is stored or disposed of at a site 12 or facility for which a permit has been obtained or is 13 not otherwise required under subsection (d) of this 14 Section; or 15 (2) such waste is stored or disposed of as a part 16 of the design and reclamation of a site or facility which 17 is an abandoned mine site in accordance with the 18 Abandoned Mined Lands and Water Reclamation Act; or 19 (3) such waste is stored or disposed of at a site 20 or facility which is operating under NPDES and Subtitle D 21 permits issued by the Agency pursuant to regulations 22 adopted by the Board for mine-related water pollution and 23 permits issued pursuant to the Federal Surface Mining 24 Control and Reclamation Act of 1977 (P.L. 95-87) or the 25 rules and regulations thereunder or any law or rule or 26 regulation adopted by the State of Illinois pursuant 27 thereto, and the owner or operator of the facility agrees 28 to accept the waste; and either 29 (i) such waste is stored or disposed of in 30 accordance with requirements applicable to refuse 31 disposal under regulations adopted by the Board for 32 mine-related water pollution and pursuant to NPDES 33 and Subtitle D permits issued by the Agency under 34 such regulations; or HB0759 Engrossed -10- LRB9202494LDpr 1 (ii) the owner or operator of the facility 2 demonstrates all of the following to the Agency, and 3 the facility is operated in accordance with the 4 demonstration as approved by the Agency: (1) the 5 disposal area will be covered in a manner that will 6 support continuous vegetation, (2) the facility will 7 be adequately protected from wind and water erosion, 8 (3) the pH will be maintained so as to prevent 9 excessive leaching of metal ions, and (4) adequate 10 containment or other measures will be provided to 11 protect surface water and groundwater from 12 contamination at levels prohibited by this Act, the 13 Illinois Groundwater Protection Act, or regulations 14 adopted pursuant thereto. 15 Notwithstanding any other provision of this Title, the 16 disposal of coal combustion waste pursuant to item (2) or (3) 17 of this subdivision (r) shall be exempt from the other 18 provisions of this Title V, and notwithstanding the 19 provisions of Title X of this Act, the Agency is authorized 20 to grant experimental permits which include provision for the 21 disposal of wastes from the combustion of coal and other 22 materials pursuant to items (2) and (3) of this subdivision 23 (r). 24 (s) After April 1, 1989, offer for transportation, 25 transport, deliver, receive or accept special waste for which 26 a manifest is required, unless the manifest indicates that 27 the fee required under Section 22.8 of this Act has been 28 paid. 29 (t) Cause or allow a lateral expansion of a municipal 30 solid waste landfill unit on or after October 9, 1993, 31 without a permit modification, granted by the Agency, that 32 authorizes the lateral expansion. 33 (u) Conduct any vegetable by-product treatment, storage, 34 disposal or transportation operation in violation of any HB0759 Engrossed -11- LRB9202494LDpr 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 9 manifest. 10 (v) (Blank). 11 (w) Conduct any generation, transportation, or recycling 12 of construction or demolition debris, clean or general, or 13 uncontaminated soil generated during construction, 14 remodeling, repair, and demolition of utilities, structures, 15 and roads that is not commingled with any waste, without the 16 maintenance of documentation identifying the hauler, 17 generator, place of origin of the debris or soil, the weight 18 or volume of the debris or soil, and the location, owner, and 19 operator of the facility where the debris or soil was 20 transferred, disposed, recycled, or treated. This 21 documentation must be maintained by the generator, 22 transporter, or recycler for 3 years. This subsection (w) 23 shall not apply to (1) a permitted pollution control facility 24 that transfers or accepts construction or demolition debris, 25 clean or general, or uncontaminated soil for final disposal, 26 recycling, or treatment, (2) a public utility (as that term 27 is defined in the Public Utilities Act) or a municipal 28 utility,or(3) the Illinois Department of Transportation, or 29 (4) a local governmental entity, with the exception of any 30 local governmental entity located within a municipality 31 having a population of over 500,000 inhabitants or located in 32 a county that is contiguous to the county in which such a 33 municipality is located; but it shall apply to an entity that 34 contracts with a public utility, a municipal utility,orthe HB0759 Engrossed -12- LRB9202494LDpr 1 Illinois Department of Transportation, or a local 2 governmental entity. The terms "generation" and "recycling" 3 as used in this subsection do not apply to clean construction 4 or demolition debris when (i) used as fill material below 5 grade outside of a setback zone if covered by sufficient 6 uncontaminated soil to support vegetation within 30 days of 7 the completion of filling or if covered by a road or 8 structure, (ii) solely broken concrete without protruding 9 metal bars is used for erosion control, or (iii) milled 10 asphalt or crushed concrete is used as aggregate in 11 construction of the shoulder of a roadway. The terms 12 "generation" and "recycling", as used in this subsection, do 13 not apply to uncontaminated soil that is not commingled with 14 any waste when (i) used as fill material below grade or 15 contoured to grade, or (ii) used at the site of generation. 16 (Source: P.A. 90-219, eff. 7-25-97; 90-344, eff. 1-1-98; 17 90-475, eff. 8-17-97; 90-655, eff. 7-30-98; 90-761, eff. 18 8-14-98; 91-72, eff. 7-9-99.)