Public Act 103-0333
 
HB3095 EnrolledLRB103 29060 CPF 55446 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Environmental Protection Act is amended  by 
changing Section 3.330 and  by adding Section 22.63 as follows:
 



    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)


    Sec. 3.330. Pollution control facility. 

    (a) "Pollution control facility" is any waste storage 
site, sanitary
landfill, waste disposal site, waste transfer 
station, waste treatment
facility, or waste incinerator.  This 
includes sewers, sewage treatment
plants, and any other 
facilities owned or operated by sanitary districts
organized 
under the Metropolitan Water Reclamation District Act.

    The following are not pollution control facilities:

        (1) (blank);

        (2) waste storage sites regulated under 40 CFR 761.42;

        (3) sites or facilities used by any person conducting 
    a waste storage,
waste treatment, waste disposal, waste 
    transfer or waste incineration
operation, or a combination 
    thereof, for wastes generated by such person's
own 
    activities, when such wastes are stored, treated, disposed 
    of,
transferred or incinerated within the site or facility 
    owned, controlled or
operated by such person, or when such 
    wastes are transported within or
between sites or 
    facilities owned, controlled or operated by such person;

        (4) sites or facilities at which the State is 
    performing removal or
remedial action pursuant to Section 
    22.2 or 55.3;

        (5) abandoned quarries used solely for the disposal of 
    concrete, earth
materials, gravel, or aggregate debris 
    resulting from road construction
activities conducted by a 
    unit of government or construction activities due
to the 
    construction and installation of underground pipes, lines, 
    conduit
or wires off of the premises of a public utility 
    company which are
conducted by a public utility;

        (6) sites or facilities used by any person to 
    specifically conduct a
landscape composting operation;

        (7) regional facilities as defined in the Central 
    Midwest Interstate
Low-Level Radioactive Waste Compact;

        (8) the portion of a site or facility where coal 
    combustion wastes are
stored or disposed of in accordance 
    with subdivision (r)(2) or (r)(3) of
Section 21;

        (9) the portion of a site or facility used for the 
    collection,
storage or processing of waste tires as 
    defined in Title XIV;

        (10) the portion of a site or facility used for 
    treatment of
petroleum contaminated materials by 
    application onto or incorporation into
the soil surface 
    and any portion of that site or facility used for storage

    of petroleum contaminated materials before treatment.  Only 
    those categories
of petroleum listed in Section
57.9(a)(3) 
    are exempt under this subdivision (10);

        (11) the portion of a site or facility where used oil 
    is collected or
stored prior to shipment to a recycling or 
    energy recovery facility, provided
that the used oil is 
    generated by households or commercial establishments, and

    the site or facility is a recycling center or a business 
    where oil or gasoline
is sold at retail;
        (11.5) processing sites or facilities that receive 
    only on-specification used oil, as defined in 35 Ill. Adm. 
    Code 739, originating from used oil collectors for 
    processing that is managed under 35 Ill. Adm. Code 739 to 
    produce products for sale to off-site petroleum 
    facilities, if these processing sites or facilities are: 
    (i) located within a home rule unit of local government 
    with a population of at least 30,000 according to the 2000 
    federal census, that home rule unit of local government 
    has been designated as an Urban Round II Empowerment Zone 
    by the United States Department of Housing and Urban 
    Development, and that home rule unit of local government 
    has enacted an ordinance approving the location of the 
    site or facility and provided funding for the site or 
    facility; and (ii) in compliance with all applicable 
    zoning requirements;


        (12) the portion of a site or facility utilizing coal 
    combustion waste
for stabilization and treatment of only 
    waste generated on that site or
facility when used in 
    connection with response actions pursuant to the federal

    Comprehensive Environmental Response, Compensation, and 
    Liability Act of 1980,
the federal Resource Conservation 
    and Recovery Act of 1976, or the Illinois
Environmental 
    Protection Act or as authorized by the Agency;

        (13) the portion of a site or facility regulated under 
    Section 22.38 of this Act;
        (14) the portion of a site or facility, located within 
    a unit of local government that has enacted local zoning 
    requirements, used to accept, separate, and process 
    uncontaminated broken concrete, with or without protruding 
    metal bars, provided that the uncontaminated broken 
    concrete and metal bars are not speculatively accumulated, 
    are  at the site or facility no longer than one year after 
    their acceptance, and are returned to the economic 
    mainstream in the form of raw materials or products;

        (15) the portion of a site or facility located in a 
    county with a population over 3,000,000 that has obtained 
    local siting approval under Section 39.2 of this Act for a 
    municipal waste incinerator on or before July 1, 2005 and 
    that is used for a non-hazardous waste transfer station;

        (16) a site or facility that temporarily holds in 
    transit for 10 days or less, non-putrescible solid waste 
    in original containers, no larger in capacity than 500 
    gallons, provided that such waste is further transferred 
    to a recycling, disposal, treatment, or storage facility 
    on a non-contiguous site and provided such site or 
    facility complies with the applicable 10-day transfer 
    requirements of the federal Resource Conservation and 
    Recovery Act of 1976 and United States Department of 
    Transportation hazardous material requirements.  For 
    purposes of this Section only, "non-putrescible solid 
    waste" means waste other than municipal garbage that does 
    not rot or become putrid,  including, but not limited to, 
    paints, solvent, filters, and absorbents;

        (17)
 the portion of a site or facility located in a 
    county with a population greater than 3,000,000 that has 
    obtained local siting approval, under Section 39.2 of this 
    Act, for a municipal waste incinerator on or before July 
    1, 2005 and that is used for wood combustion facilities 
    for energy recovery that accept and burn only wood 
    material, as included in a fuel specification approved by 
    the Agency;

        (18)
 a transfer station used exclusively for landscape 
    waste, including a transfer station where landscape waste 
    is ground to reduce its volume, where the landscape waste 
    is held no longer than 24 hours from the time it was 
    received;
        (19) the portion of a site or facility that (i) is used 
    for the composting of food scrap, livestock waste, crop 
    residue, uncontaminated wood waste, or paper waste, 
    including, but not limited to, corrugated paper or 
    cardboard, and (ii) meets all of the following 
    requirements:
            (A) There must not be more than a total of 30,000 
        cubic yards of livestock waste in raw form or in the 
        process of being composted at the site or facility at 
        any one time.
            (B) All food scrap, livestock waste, crop residue, 
        uncontaminated wood waste, and paper waste must, by 
        the end of each operating day, be processed and placed 
        into an enclosed vessel in which air flow and 
        temperature are controlled, or all of the following 
        additional requirements must be met:
                (i) The portion of the site or facility used 
            for the composting operation must include a 
            setback of at least 200 feet from the nearest 
            potable water supply well.
                (ii) The portion of the site or facility used 
            for the composting operation must be located 
            outside the boundary of the 10-year floodplain or 
            floodproofed.
                (iii) Except in municipalities with more than 
            1,000,000 inhabitants, the portion of the site or 
            facility used for the composting operation must be 
            located at least one-eighth of a mile from the 
            nearest residence, other than a residence located 
            on the same property as the site or facility.
                (iv) The portion of the site or facility used 
            for the composting operation must be located at 
            least one-eighth of a mile from the property line 
            of all of the following areas:
                    (I) Facilities that primarily serve to 
                house or treat people that are 
                immunocompromised or immunosuppressed, such as 
                cancer or AIDS patients; people with asthma, 
                cystic fibrosis, or bioaerosol allergies; or 
                children under the age of one year.
                    (II) Primary and secondary schools and 
                adjacent areas that the schools use for 
                recreation.
                    (III) Any facility for child care licensed 
                under Section 3 of the Child Care Act of 1969; 
                preschools; and adjacent areas that the 
                facilities or preschools use for recreation.
                (v) By the end of each operating day, all food 
            scrap, livestock waste, crop residue, 
            uncontaminated wood waste, and paper waste must be 
            (i) processed into windrows or other piles and 
            (ii) covered in a manner that prevents scavenging 
            by birds and animals and that prevents other 
            nuisances.
            (C) Food scrap, livestock waste, crop residue, 
        uncontaminated wood waste, paper waste, and compost 
        must not be placed within 5 feet of the water table.
            (D) The site or facility must meet all of the 
        requirements of the Wild and Scenic Rivers Act (16 
        U.S.C. 1271 et seq.).
            (E) The site or facility must not (i) restrict the 
        flow of a 100-year flood, (ii) result in washout of 
        food scrap, livestock waste, crop residue, 
        uncontaminated wood waste, or paper waste from a 
        100-year flood, or (iii) reduce the temporary water 
        storage capacity of the 100-year floodplain, unless 
        measures are undertaken to provide alternative storage 
        capacity, such as by providing lagoons, holding tanks, 
        or drainage around structures at the facility.
            (F) The site or facility must not be located in any 
        area where it may pose a threat of harm or destruction 
        to the features for which:
                (i) an irreplaceable historic or 
            archaeological site has been listed under the 
            National Historic Preservation Act (16 U.S.C. 470 
            et seq.) or the Illinois Historic Preservation 
            Act;
                (ii) a natural landmark has been designated by 
            the National Park Service or the Illinois State 
            Historic Preservation Office; or
                (iii) a natural area has been designated as a 
            Dedicated Illinois Nature Preserve under the 
            Illinois Natural Areas Preservation Act.
            (G) The site or facility must not be located in an 
        area where it may jeopardize the continued existence 
        of any designated endangered species, result in the 
        destruction or adverse modification of the critical 
        habitat for such species, or cause or contribute to 
        the taking of any endangered or threatened species of 
        plant, fish, or wildlife listed under the Endangered 
        Species Act (16 U.S.C. 1531 et seq.) or the Illinois 
        Endangered Species Protection Act; 
        (20) the portion of a site or facility that is located 
    entirely within a home rule unit having a population of no 
    less than 120,000 and no more than 135,000, according to 
    the 2000 federal census, and  that meets all of the 
    following requirements:
            (i) the portion of the site or facility is used 
        exclusively to perform testing of a thermochemical 
        conversion technology using only woody biomass, 
        collected as landscape waste within the boundaries of 
        the home rule unit, as the hydrocarbon feedstock for 
        the production of synthetic gas in accordance with 
        Section 39.9 of this Act;
            (ii) the portion of the site or facility is in 
        compliance with all applicable zoning requirements; 
        and
            (iii) a complete application for a demonstration 
        permit at the portion of the site or facility has been 
        submitted to the Agency in accordance with Section 
        39.9 of this Act within one year after July 27, 2010 
        (the effective date of Public Act 96-1314);
        (21) the portion of a site or facility used to perform 
    limited testing of a gasification conversion technology in 
    accordance with Section 39.8 of this Act and for which a 
    complete permit application has been submitted to the 
    Agency prior to one year from April 9, 2010 (the effective 
    date of Public Act 96-887);

        (22) the portion of  a site or facility that is used to 
    incinerate only pharmaceuticals from residential sources 
    that are collected and transported by law enforcement 
    agencies under Section 17.9A of this Act; 
        (23) the portion of a site or facility: 
            (A) that is  used exclusively for the transfer of 
        commingled landscape waste and food scrap held at the 
        site or facility for no longer than 24 hours after 
        their receipt;
            (B) that is located entirely within a home rule 
        unit having a population of (i) not less than 100,000 
        and not more than 115,000 according to the 2010 
        federal census, (ii) not less than 5,000 and not more 
        than 10,000 according to the 2010 federal census, or 
        (iii) not less than 25,000 and not more than 30,000 
        according to the 2010 federal census or that is 
        located in the unincorporated area of a county having 
        a population of not less than 700,000 and not more than 
        705,000 according to the 2010 federal census;
            (C) that is permitted, by the Agency, prior to 
        January 1, 2002, for the transfer of landscape waste 
        if located in a home rule unit or that is permitted 
        prior to January 1, 2008 if located in an 
        unincorporated area of a county; and
            (D) for which a permit application  is submitted to 
        the Agency to modify an existing permit for the 
        transfer of landscape waste to also include, on a 
        demonstration basis not to exceed 24 months each time 
        a permit is issued, the transfer of commingled 
        landscape waste and food scrap or for which a permit 
        application is submitted to the Agency within 6 months 
        of August 11, 2017 (the effective date of Public Act 
        100-94);
        (24)   the portion of a municipal solid waste landfill 
    unit:
            (A)   that is located in a county having a 
        population of not less than 55,000 and not more than 
        60,000 according to the 2010 federal census;
            (B)   that is owned by that county;
            (C)   that is permitted, by the Agency, prior to 
        July 10, 2015 (the effective date of Public Act 
        99-12); and
            (D)   for which a permit application is submitted to 
        the Agency within 6 months after July 10, 2015 (the 
        effective date of Public Act 99-12) for the disposal 
        of non-hazardous special waste; and
        (25) the portion of a site or facility used during a 
    mass animal mortality event, as defined in the Animal 
    Mortality Act, where such waste is collected, stored, 
    processed, disposed, or incinerated under a mass animal 
    mortality event plan issued by the Department of 
    Agriculture; and . 
        (26) the portion of a mine used for the placement of 
    limestone residual materials generated from the treatment 
    of drinking water by a municipal utility in accordance 
    with rules adopted under Section 22.63. 
    (b) A new pollution control facility is:

        (1) a pollution control facility initially permitted 
    for development or
construction after July 1, 1981; or

        (2) the area of expansion beyond the boundary of a 
    currently permitted
pollution control facility; or

        (3) a permitted pollution  control facility requesting 
    approval to
store, dispose of, transfer or incinerate, for 
    the first time, any special
or hazardous waste.

(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21; 
102-813, eff. 5-13-22.)

 
    (415 ILCS 5/22.63 new)
    Sec. 22.63. Rules for placement of limestone residual 
materials. The Board shall adopt rules for the placement of 
limestone residual materials generated from the treatment of 
drinking water by a municipal utility in an underground 
limestone mine located in whole or in part within the 
municipality that operates the municipal utility.  The rules 
shall be consistent with the Board's Underground Injection 
Control regulations for Class V wells, provided that the rules 
shall allow for the limestone residual materials to be 
delivered to and placed in the mine by means other than an 
injection well. Rules adopted pursuant to this Section shall 
be adopted in accordance with the provisions and requirements 
of Title VII of this Act and the procedures for rulemaking in 
Section 5-35 of the Illinois Administrative Procedure Act, 
provided that a municipality proposing rules pursuant to this 
Section is not required to include in its proposal a petition 
signed by at least 200 persons as required under subsection 
(a) of Section 28.  Rules adopted pursuant to this Section 
shall not be considered a part of the State Underground 
Injection Control program established under this Act.
    As used in this Section, "limestone residual material" 
means limestone residual generated from the treatment of 
drinking water at a publicly-owned drinking water treatment 
plant.


Effective Date:  1/1/2024