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Public Act 92-0574
HB5557 Enrolled LRB9212249LBpr
AN ACT to implement recommendations of the Illinois
Environmental Regulatory Review Commission.
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 Sections 3, 3.32, 3.53, 4, 5, 7, 9.2, 9.3, 9.4,
12, 13.1, 14.1, 14.2, 14.3, 14.4, 14.6, 17, 19.10, 21, 21.3,
21.5, 22.2, 22.2b, 22.9, 22.15, 22.16, 22.16a, 22.22, 22.23,
22.23a, 22.27, 22.33, 22.40, 22.43, 22.44, 22.45, 22.47,
22.48, 25b-5, 28.5, 30, 31, 39, 39.2, 39.3, 40, 40.1, 40.2,
45, 49, 55, 56.1, 56.2, 57.7, 57.8, 57.13, 58.7, 58.8, 58.14,
and 58.17 and renumbering Sections 3.01 through 3.94 as
follows:
(415 ILCS 5/3) (from Ch. 111 1/2, par. 1003)
Sec. 3. Definitions.
(a) For the purposes of this Act, the words and terms
defined in the Sections which follow this Section and precede
Section 4 shall have the meaning therein given, unless the
context otherwise clearly requires.
(b) This amendatory Act of the 92nd General Assembly
renumbers the definition Sections formerly included in this
Act as Sections 3.01 through 3.94. The new numbering scheme
is intended to alphabetize the defined terms and to leave
room for additional terms to be added in alphabetical order
in the future. It does not reuse any of the original
numbers.
In the bill for this amendatory Act, the renumbered
Sections are shown in the manner commonly used to show
renumbering in revisory bills. The Sections being renumbered
are shown as existing (rather than new) text; only the
changes being made to the existing text are shown with
striking and underscoring. The original source lines have
been retained.
(c) In a statute, rule, permit, or other document in
existence on the effective date of this amendatory Act of the
92nd General Assembly, a reference to one of the definition
Sections renumbered by this amendatory Act shall be deemed to
refer to the corresponding Section as renumbered by this
amendatory Act.
(Source: P.A. 84-1308; 84-1319; 84-1320; 84-1438.)
(415 ILCS 5/3.105 new) (was 415 ILCS 5/3.01)
Sec. 3.105. Agency. 3.01. "Agency" is the Environmental
Protection Agency established by this Act.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.110 new) (was 415 ILCS 5/3.77)
Sec. 3.110. Agrichemical facility. 3.77. "Agrichemical
facility" means a site used for commercial purposes, where
bulk pesticides are stored in a single container in excess of
300 gallons of liquid pesticide or 300 pounds of dry
pesticide for more than 30 days per year or where more than
300 gallons of liquid pesticide or 300 pounds of dry
pesticide are being mixed, repackaged or transferred from one
container to another within a 30 day period or a site where
bulk fertilizers are stored, mixed, repackaged or transferred
from one container to another.
(Source: P.A. 86-671.)
(415 ILCS 5/3.115 new) (was 415 ILCS 5/3.02)
Sec. 3.115. Air pollution. 3.02. "Air pollution" is the
presence in the atmosphere of one or more contaminants in
sufficient quantities and of such characteristics and
duration as to be injurious to human, plant, or animal life,
to health, or to property, or to unreasonably interfere with
the enjoyment of life or property.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.120 new) (was 415 ILCS 5/3.03)
Sec. 3.120. Air pollution control equipment. 3.03. "Air
pollution control equipment" means any equipment or facility
of a type intended to eliminate, prevent, reduce or control
the emission of specified air contaminants to the atmosphere.
Air pollution control equipment includes, but is not limited
to, landfill gas recovery facilities.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.125 new) (was 415 ILCS 5/3.68)
Sec. 3.125. Biodeterioration; biodegradation. 3.68.
(a) "Biodeterioration", when used in connection with
recycling or composting, means the biologically mediated loss
of utilitarian or physical characteristics of a plastic or
hybrid material containing plastic as a major component.
(b) "Biodegradation", when used in connection with
recycling, means the conversion of all constituents of a
plastic or hybrid material containing plastic as a major
component to carbon dioxide, inorganic salts, microbial
cellular components and miscellaneous by-products
characteristically formed from the breakdown of natural
materials such as corn starch.
(Source: P.A. 85-1429.)
(415 ILCS 5/3.130 new) (was 415 ILCS 5/3.04)
Sec. 3.130. Board. 3.04. "Board" is the Pollution
Control Board established by this Act.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.135 new) (was 415 ILCS 5/3.94)
Sec. 3.135. Coal combustion by-product; CCB. 3.94. "Coal
combustion by-product" (CCB) means coal combustion waste when
used beneficially for any of the following purposes:
(1) The extraction or recovery of material compounds
contained within CCB.
(2) The use of CCB as a raw ingredient or mineral filler
in the manufacture of cement; concrete and concrete mortars;
concrete products including block, pipe and
precast/prestressed components; asphalt or cement based
roofing shingles; plastic products including pipes and
fittings; paints and metal alloys.
(3) CCB used in conformance with the specifications and
under the approval of the Department of Transportation.
(4) Bottom ash used as antiskid material, athletic
tracks, or foot paths.
(5) Use as a substitute for lime (CaO and MgO) in the
lime modification of soils providing the CCB meets the
Illinois Department of Transportation ("IDOT") specifications
for byproduct limes.
(6) CCB used as a functionally equivalent substitute for
agricultural lime as a soil conditioner.
(7) Bottom ash used in non-IDOT pavement base, pipe
bedding, or foundation backfill.
(8) Structural fill, when used in an engineered
application or combined with cement, sand, or water to
produce a controlled strength fill material and covered with
12 inches of soil unless infiltration is prevented by the
material itself or other cover material.
(9) Mine subsidence, mine fire control, mine sealing,
and mine reclamation.
(10) Except to the extent that the uses are otherwise
authorized by law without such restrictions, uses (7) through
(9) shall be subject to the following conditions:
(A) CCB shall not have been mixed with hazardous
waste prior to use;
(B) CCB shall not exceed Class I Groundwater
Standards for metals when tested utilizing test method
ASTM D3987-85;
(C) Unless otherwise exempted, users of CCB shall
provide notification to the Agency for each project
utilizing CCB documenting the quantity of CCB utilized
and certification of compliance with conditions (A) and
(B). Notification shall not be required for pavement
base, parking lot base, or building base projects
utilizing less than 10,000 tons, flowable fill/grout
projects utilizing less than 1,000 cubic yards or other
applications utilizing less than 100 tons;
(D) Fly ash shall be applied in a manner that
minimizes the generation of airborne particles and dust
using techniques such as moisture conditioning,
granulating, inground application, or other demonstrated
method; and
(E) CCB is not to be accumulated speculatively.
CCB is not accumulated speculatively if during the
calendar year, the CCB used is equal to 75% of the CCB by
weight or volume accumulated at the beginning of the
period.
To encourage and promote the utilization of CCB in productive
and beneficial applications, the Agency may make a written
determination that coal-combustion waste is CCB when used in
a manner other than that specified in this Section if the use
has been shown to have no adverse environmental impact
greater than the beneficial uses specified, in consultation
with the Department of Mines and Minerals, the Illinois Clean
Coal Institute, the Department of Transportation, and such
other agencies as may be appropriate.
(Source: P.A. 89-93, eff. 7-6-95.)
(415 ILCS 5/3.140 new) (was 415 ILCS 5/3.76)
Sec. 3.140. Coal combustion waste. 3.76. "Coal
combustion waste" means any fly ash, bottom ash, slag, or
flue gas or fluid bed boiler desulfurization by-products
generated as a result of the combustion of:
(1) coal, or
(2) coal in combination with: (i) fuel grade petroleum
coke, (ii) other fossil fuel, or (iii) both fuel grade
petroleum coke and other fossil fuel, or
(3) coal (with or without: (i) fuel grade petroleum
coke, (ii) other fossil fuel, or (iii) both fuel grade
petroleum coke and other fossil fuel) in combination with no
more than 20% of tire derived fuel or wood or other materials
by weight of the materials combusted; provided that the coal
is burned with other materials, the Agency has made a written
determination that the storage or disposal of the resultant
wastes in accordance with the provisions of item (r) of
Section 21 would result in no environmental impact greater
than that of wastes generated as a result of the combustion
of coal alone, and the storage disposal of the resultant
wastes would not violate applicable federal law.
(Source: P.A. 88-668, eff. 9-16-94; 89-93, eff. 7-6-95.)
(415 ILCS 5/3.145 new) (was 415 ILCS 5/3.05)
Sec. 3.145. Community water supply. 3.05. "Community
water supply" means a public water supply which serves or is
intended to serve at least 15 service connections used by
residents or regularly serves at least 25 residents.
"Non-community water supply" means a public water supply
that is not a community water supply. The requirements of
this Act shall not apply to non-community water supplies.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.150 new) (was 415 ILCS 5/3.69)
Sec. 3.150. Compost. 3.69. "Compost" is defined as the
humus-like product of the process of composting waste, which
may be used as a soil conditioner.
(Source: P.A. 85-1429.)
(415 ILCS 5/3.155 new) (was 415 ILCS 5/3.70)
Sec. 3.155. Composting. 3.70. "Composting" means the
biological treatment process by which microorganisms
decompose the organic fraction of waste, producing compost.
(Source: P.A. 85-1429.)
(415 ILCS 5/3.160 new) (was 415 ILCS 5/3.78 and 3.78a)
Sec. 3.160. Construction or demolition debris. 3.78.
(a) "General construction or demolition debris" means
non-hazardous, uncontaminated materials resulting from the
construction, remodeling, repair, and demolition of
utilities, structures, and roads, limited to the following:
bricks, concrete, and other masonry materials; soil; rock;
wood, including non-hazardous painted, treated, and coated
wood and wood products; wall coverings; plaster; drywall;
plumbing fixtures; non-asbestos insulation; roofing shingles
and other roof coverings; reclaimed asphalt pavement; glass;
plastics that are not sealed in a manner that conceals waste;
electrical wiring and components containing no hazardous
substances; and piping or metals incidental to any of those
materials.
General construction or demolition debris does not
include uncontaminated soil generated during construction,
remodeling, repair, and demolition of utilities, structures,
and roads provided the uncontaminated soil is not commingled
with any general construction or demolition debris or other
waste.
(b) Sec. 3.78a. "Clean construction or demolition
debris" means uncontaminated broken concrete without
protruding metal bars, bricks, rock, stone, reclaimed asphalt
pavement, or soil generated from construction or demolition
activities.
Clean construction or demolition debris does not include
uncontaminated soil generated during construction,
remodeling, repair, and demolition of utilities, structures,
and roads provided the uncontaminated soil is not commingled
with any clean construction or demolition debris or other
waste.
To the extent allowed by federal law, clean construction
or demolition debris shall not be considered "waste" if it is
(i) used as fill material below grade outside of a setback
zone if covered by sufficient uncontaminated soil to support
vegetation within 30 days of the completion of filling or if
covered by a road or structure, or (ii) separated or
processed and returned to the economic mainstream in the form
of raw materials or products, if it is not speculatively
accumulated and, if used as a fill material, it is used in
accordance with item (i), or (iii) solely broken concrete
without protruding metal bars used for erosion control, or
(iv) generated from the construction or demolition of a
building, road, or other structure and used to construct, on
the site where the construction or demolition has taken
place, an above-grade area shaped so as to blend into an
extension of the surrounding topography or an above-grade
manmade functional structure not to exceed 20 feet in height,
provided that the area or structure shall be covered with
sufficient soil materials to sustain vegetation or by a road
or structure, and further provided that no such area or
structure shall be constructed within a home rule
municipality with a population over 500,000.
(Source: P.A. 90-475, eff. 8-17-97; 90-761, eff. 8-14-98;
91-909, eff. 7-7-00.)
(415 ILCS 5/3.165 new) (was 415 ILCS 5/3.06)
Sec. 3.165. Contaminant. 3.06. "Contaminant" is any
solid, liquid, or gaseous matter, any odor, or any form of
energy, from whatever source.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.170 new) (was 415 ILCS 5/3.63)
Sec. 3.170. Contamination; contaminate. 3.63.
"Contamination" or "contaminate", when used in connection
with groundwater, means water pollution of such groundwater.
(Source: P.A. 85-863.)
(415 ILCS 5/3.175 new) (was 415 ILCS 5/3.80)
Sec. 3.175. Criterion. 3.80. "Criterion" means the
numerical concentration of one or more toxic substances
calculated by the Agency as a basis for establishing a permit
limitation or violation of a water quality standard pursuant
to standards and procedures provided for in board
regulations.
(Source: P.A. 86-1409.)
(415 ILCS 5/3.180 new) (was 415 ILCS 5/3.07)
Sec. 3.180. Department. 3.07. "Department", when a
particular entity is not specified, means (i) in the case of
a function to be performed on or after July 1, 1995 (the
effective date of the Department of Natural Resources Act),
either the Department of Natural Resources or the Department
of Commerce and Community Affairs, whichever, in the specific
context, is the successor to the Department of Energy and
Natural Resources under the Department of Natural Resources
Act; or (ii) in the case of a function performed before July
1, 1995, the former Illinois Department of Energy and Natural
Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
(415 ILCS 5/3.185 new) (was 415 ILCS 5/3.08)
Sec. 3.185. Disposal. 3.08. "Disposal" means the
discharge, deposit, injection, dumping, spilling, leaking or
placing of any waste or hazardous waste into or on any land
or water or into any well so that such waste or hazardous
waste or any constituent thereof may enter the environment or
be emitted into the air or discharged into any waters,
including ground waters.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.190 new) (was 415 ILCS 5/3.09)
Sec. 3.190. Existing fuel combustion stationary emission
source. 3.09. "Existing fuel combustion stationary emission
source" means any stationary furnace, boiler, oven, or
similar equipment used for the primary purpose of producing
heat or power, of a type capable of emitting specified air
contaminants to the atmosphere, the construction or
modification of which commenced prior to April 13, 1972.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.195 new) (was 415 ILCS 5/3.10)
Sec. 3.195. Fluid. 3.10. "Fluid" means material or
substance which flows or moves whether in a semi-solid,
liquid, sludge, gas or any other form or state.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.200 new) (was 415 ILCS 5/3.11)
Sec. 3.200. Garbage. 3.11. "Garbage" is waste resulting
from the handling, processing, preparation, cooking, and
consumption of food, and wastes from the handling,
processing, storage, and sale of produce.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.205 new) (was 415 ILCS 5/3.12)
Sec. 3.205. Generator. 3.12. "Generator" means any
person whose act or process produces waste.
(Source: P.A. 87-650.)
(415 ILCS 5/3.210 new) (was 415 ILCS 5/3.64)
Sec. 3.210. Groundwater. 3.64. "Groundwater" means
underground water which occurs within the saturated zone and
geologic materials where the fluid pressure in the pore space
is equal to or greater than atmospheric pressure.
(Source: P.A. 85-863.)
(415 ILCS 5/3.215 new) (was 415 ILCS 5/3.14)
Sec. 3.215. Hazardous substance. 3.14. "Hazardous
substance" means: (A) any substance designated pursuant to
Section 311(b)(2)(A) of the Federal Water Pollution Control
Act (P.L. 92-500), as amended, (B) any element, compound,
mixture, solution, or substance designated pursuant to
Section 102 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (P.L. 96-510), as
amended, (C) any hazardous waste, (D) any toxic pollutant
listed under Section 307(a) of the Federal Water Pollution
Control Act (P.L. 92-500), as amended, (E) any hazardous air
pollutant listed under Section 112 of the Clean Air Act (P.L.
95-95), as amended, (F) any imminently hazardous chemical
substance or mixture with respect to which the Administrator
of the U.S. Environmental Protection Agency has taken action
pursuant to Section 7 of the Toxic Substances Control Act
(P.L. 94-469), as amended. The term does not include
petroleum, including crude oil or any fraction thereof which
is not otherwise specifically listed or designated as a
hazardous substance under subparagraphs (A) through (F) of
this paragraph, and the term does not include natural gas,
natural gas liquids, liquefied natural gas, or synthetic gas
usable for fuel or mixtures of natural gas and such synthetic
gas.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.220 new) (was 415 ILCS 5/3.15)
Sec. 3.220. Hazardous waste. 3.15. "Hazardous waste"
means a waste, or combination of wastes, which because of its
quantity, concentration, or physical, chemical, or infectious
characteristics may cause or significantly contribute to an
increase in mortality or an increase in serious,
irreversible, or incapacitating reversible, illness; or pose
a substantial present or potential hazard to human health or
the environment when improperly treated, stored, transported,
or disposed of, or otherwise managed, and which has been
identified, by characteristics or listing, as hazardous
pursuant to Section 3001 of the Resource Conservation and
Recovery Act of 1976, P.L. 94-580, or pursuant to Board
regulations. Potentially infectious medical waste is not a
hazardous waste, except for those potentially infectious
medical wastes identified by characteristics or listing as
hazardous under Section 3001 of the Resource Conservation and
Recovery Act of 1976, P.L. 94-580, or pursuant to Board
regulations.
(Source: P.A. 87-752.)
(415 ILCS 5/3.225 new) (was 415 ILCS 5/3.16)
Sec. 3.225. Hazardous waste disposal site. 3.16.
"Hazardous waste disposal site" is a site at which hazardous
waste is disposed.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.230 new) (was 415 ILCS 5/3.89)
Sec. 3.230. Household waste. 3.89. "Household waste"
means any solid waste (including garbage, trash, and sanitary
waste in septic tanks) derived from households (including
single and multiple residences, hotels and motels,
bunkhouses, ranger stations, crew quarters, campgrounds,
picnic grounds, and day-use recreation areas).
(Source: P.A. 88-496.)
(415 ILCS 5/3.235 new) (was 415 ILCS 5/3.17)
Sec. 3.235. Industrial process waste. 3.17. "Industrial
process waste" means any liquid, solid, semi-solid, or
gaseous waste generated as a direct or indirect result of the
manufacture of a product or the performance of a service.
Any such waste which would pose a present or potential threat
to human health or to the environment or with inherent
properties which make the disposal of such waste in a
landfill difficult to manage by normal means is an industrial
process waste. "Industrial Process Waste" includes but is
not limited to spent pickling liquors, cutting oils, chemical
catalysts, distillation bottoms, etching acids, equipment
cleanings, paint sludges, incinerator ashes (including but
not limited to ash resulting from the incineration of
potentially infectious medical waste), core sands, metallic
dust sweepings, asbestos dust, and off-specification,
contaminated or recalled wholesale or retail products.
Specifically excluded are uncontaminated packaging materials,
uncontaminated machinery components, general household waste,
landscape waste and construction or demolition debris.
(Source: P.A. 87-752.)
(415 ILCS 5/3.240 new) (was 415 ILCS 5/3.18)
Sec. 3.240. Intermittent control system. 3.18.
"Intermittent control system" is a system which provides for
the planned reduction of source emissions of sulfur dioxide
during periods when meteorological conditions are such, or
are anticipated to be such, that sulfur dioxide ambient air
quality standards may be violated unless such reductions are
made.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.245 new) (was 415 ILCS 5/3.72)
Sec. 3.245. Label. 3.72. "Label" means the written,
printed or graphic matter on or attached to the pesticide or
device or any of its containers or wrappings.
(Source: P.A. 86-820.)
(415 ILCS 5/3.250 new) (was 415 ILCS 5/3.73)
Sec. 3.250. Labeling. 3.73. "Labeling" means the label
and all other written, printed or graphic matters: (a) on the
pesticide or device or any of its containers or wrappings,
(b) accompanying the pesticide or device or referring to it
in any other media used to disseminate information to the
public, (c) to which reference is made to the pesticide or
device except when references are made to current official
publications of the U. S. Environmental Protection Agency,
Departments of Agriculture, Health and Human Services or
other Federal Government institutions, the state experiment
station or colleges of agriculture or other similar state
institution authorized to conduct research in the field of
pesticides.
(Source: P.A. 86-820.)
(415 ILCS 5/3.255 new) (was 415 ILCS 5/3.79)
Sec. 3.255. Land form. 3.79. "Land form" means a manmade
above-grade mound, less than 50 feet in height, covered with
sufficient soil materials to sustain vegetation.
(Source: P.A. 86-633; 86-1028.)
(415 ILCS 5/3.260 new) (was 415 ILCS 5/3.19)
Sec. 3.260. Landfill gas recovery facility. 3.19.
"Landfill gas recovery facility" means any facility which
recovers and processes landfill gas from a sanitary landfill
or waste disposal site.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.265 new) (was 415 ILCS 5/3.75)
Sec. 3.265. Landfill waste. 3.75. "Landfill waste" is
waste from a closed pollution control facility, closed
dumping site, closed sanitary landfill, or a closed waste
disposal site; provided however, "landfill waste" shall not
include waste removed by or pursuant to the authority of the
State or a unit of local government from the public way or
household waste removed by or pursuant to the authority of
the State or a unit of local government from any unauthorized
open dumping site.
(Source: P.A. 88-681, eff. 12-22-94.)
(415 ILCS 5/3.270 new) (was 415 ILCS 5/3.20)
Sec. 3.270. Landscape waste. 3.20. "Landscape waste"
means all accumulations of grass or shrubbery cuttings,
leaves, tree limbs and other materials accumulated as the
result of the care of lawns, shrubbery, vines and trees.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.275 new) (was 415 ILCS 5/3.88)
Sec. 3.275. Lateral expansion. 3.88. "Lateral expansion"
means a horizontal expansion of the actual waste boundaries
of an existing MSWLF unit occurring on or after October 9,
1993. For purposes of this Section, a horizontal expansion
is any area where solid waste is placed for the first time
directly upon the bottom liner of the unit, excluding side
slopes, on or after October 9, 1993.
(Source: P.A. 88-496.)
(415 ILCS 5/3.280 new) (was 415 ILCS 5/3.92)
Sec. 3.280. Lawncare wash water containment area. 3.92.
"Lawncare wash water containment area" means an area utilized
for the capture of spills or washing or rinsing of pesticide
residues from vehicles, application equipment, mixing
equipment, floors, loading areas, or other items used for the
storage, handling, preparation for use, transport, or
application of pesticides to land areas covered with turf
kept closely mown or land area covered with turf and trees or
shrubs.
(Source: P.A. 88-474; 88-670, eff. 12-2-94.)
(415 ILCS 5/3.285 new) (was 415 ILCS 5/3.85, 3.86, and
3.87)
Sec. 3.285. Municipal Solid Waste Landfill Unit; MSWLF
unit. 3.85. "Municipal Solid Waste Landfill Unit" or "MSWLF
unit" means a contiguous area of land or an excavation that
receives household waste, and that is not a land application
unit, surface impoundment, injection well, or any pile of
noncontainerized accumulations of solid, nonflowing waste
that is used for treatment or storage. A MSWLF unit may also
receive other types of RCRA Subtitle D wastes, such as
commercial solid waste, nonhazardous sludge, small quantity
generator waste and industrial solid waste. Such a landfill
may be publicly or privately owned. A MSWLF unit may be a
new MSWLF unit, an existing MSWLF unit, or a lateral
expansion. A sanitary landfill is subject to regulation as a
MSWLF unit if it receives household waste.
Sec. 3.86. "New MSWLF unit" means any municipal solid
waste landfill unit that receives household waste on or after
October 9, 1993, for the first time.
Sec. 3.87. "Existing MSWLF unit" means any municipal
solid waste landfill unit that has received solid waste
before October 9, 1993.
(Source: P.A. 88-496; 88-670, eff. 12-2-94.)
(415 ILCS 5/3.290 new) (was 415 ILCS 5/3.21)
Sec. 3.290. Municipal waste. 3.21. "Municipal waste"
means garbage, general household and commercial waste,
industrial lunchroom or office waste, landscape waste, and
construction or demolition debris.
(Source: P.A. 87-650.)
(415 ILCS 5/3.295 new) (was 415 ILCS 5/3.22)
Sec. 3.295. Municipality. 3.22. "Municipality" means any
city, village or incorporated town.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.300 new) (was 415 ILCS 5/3.23)
Sec. 3.300. Open burning. 3.23. "Open burning" is the
combustion of any matter in the open or in an open dump.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.305 new) (was 415 ILCS 5/3.24)
Sec. 3.305. Open dumping. 3.24. "Open dumping" means the
consolidation of refuse from one or more sources at a
disposal site that does not fulfill the requirements of a
sanitary landfill.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.310 new) (was 415 ILCS 5/3.25)
Sec. 3.310. Organized amateur or professional sporting
activity. 3.25. "Organized amateur or professional sporting
activity" means an activity or event carried out at a
facility by persons who engaged in that activity as a
business or for education, charity or entertainment for the
general public, including all necessary actions and
activities associated with such an activity. This definition
includes, but is not limited to, (i) rifle and pistol ranges,
licensed shooting preserves, and skeet, trap or shooting
sports clubs in existence prior to January 1, 1994, (ii)
public hunting areas operated by a governmental entity, (iii)
organized motor sports, and (iv) sporting events organized or
controlled by school districts, units of local government,
state agencies, colleges, universities, or professional
sports clubs offering exhibitions to the public.
(Source: P.A. 88-598, eff. 8-31-94.)
(415 ILCS 5/3.315 new) (was 415 ILCS 5/3.26)
Sec. 3.315. Person. 3.26. "Person" is any individual,
partnership, co-partnership, firm, company, limited liability
company, corporation, association, joint stock company,
trust, estate, political subdivision, state agency, or any
other legal entity, or their legal representative, agent or
assigns.
(Source: P.A. 88-480.)
(415 ILCS 5/3.320 new) (was 415 ILCS 5/3.71)
Sec. 3.320. Pesticide. 3.71. "Pesticide" means any
substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest or any
substance or mixture of substances intended for use as a
plant regulator, defoliant or desiccant.
(Source: P.A. 86-820.)
(415 ILCS 5/3.325 new) (was 415 ILCS 5/3.74)
Sec. 3.325. Pesticide release. 3.74. "Pesticide release"
or "release of a pesticide" means any release resulting in a
concentration of pesticides in waters of the State which
exceeds levels for which: (1) a Maximum Contaminant Level
(MCL) has been promulgated by the U. S. Environmental
Protection Agency or a Maximum Allowable Concentration (MAC)
has been promulgated by the Board pursuant to the Safe
Drinking Water Act (P.L. 93-523), as amended; or (2) a Health
Advisory used on an interim basis has been issued by the U.
S. Environmental Protection Agency; or (3) a standard has
been adopted by the Board pursuant to the Illinois
Groundwater Protection Act; or (4) in the absence of such
advisories or standards, an action level has been developed
by the Agency using guidance or procedures issued by the
federal government for developing health based levels.
(Source: P.A. 86-820.)
(415 ILCS 5/3.330 new) (was 415 ILCS 5/3.32)
Sec. 3.330. 3.32. 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,
Part 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 paragraph
(5) of subsection (a) of Section 57.9(a)(3) 22.18b 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;
(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 accepting
exclusively general construction or demolition debris,
located in a county with a population over 700,000, and
operated and located in accordance with Section 22.38 of
this Act.
(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. 89-93, eff. 7-6-95; 90-475, eff. 8-17-97.)
(415 ILCS 5/3.335 new) (was 415 ILCS 5/3.27)
Sec. 3.335. Pollution control waste. 3.27. "Pollution
control waste" means any liquid, solid, semi-solid or gaseous
waste generated as a direct or indirect result of the removal
of contaminants from the air, water or land, and which pose a
present or potential threat to human health or to the
environment or with inherent properties which make the
disposal of such waste in a landfill difficult to manage by
normal means. "Pollution control waste" includes but is not
limited to water and wastewater treatment plant sludges,
baghouse dusts, landfill waste, scrubber sludges and chemical
spill cleanings.
(Source: P.A. 85-1428.)
(415 ILCS 5/3.340 new) (was 415 ILCS 5/3.65)
Sec. 3.340. Potable. 3.65. "Potable" means generally fit
for human consumption in accordance with accepted water
supply principles and practices.
(Source: P.A. 85-863.)
(415 ILCS 5/3.345 new) (was 415 ILCS 5/3.59)
Sec. 3.345. Potential primary source. 3.59. "Potential
primary source" means any unit at a facility or site not
currently subject to a removal or remedial action which:
(1) is utilized for the treatment, storage, or
disposal of any hazardous or special waste not generated
at the site; or
(2) is utilized for the disposal of municipal waste
not generated at the site, other than landscape waste and
construction and demolition debris; or
(3) is utilized for the landfilling, land treating,
surface impounding or piling of any hazardous or special
waste that is generated on the site or at other sites
owned, controlled or operated by the same person; or
(4) stores or accumulates at any time more than
75,000 pounds above ground, or more than 7,500 pounds
below ground, of any hazardous substances.
A new potential primary source is:
(i) a potential primary source which is not in
existence or for which construction has not commenced at
its location as of January 1, 1988; or
(ii) a potential primary source which expands
laterally beyond the currently permitted boundary or, if
the primary source is not permitted, the boundary in
existence as of January 1, 1988; or
(iii) a potential primary source which is part of a
facility that undergoes major reconstruction. Such
reconstruction shall be deemed to have taken place where
the fixed capital cost of the new components constructed
within a 2-year period exceed 50% of the fixed capital
cost of a comparable entirely new facility.
Construction shall be deemed commenced when all necessary
federal, State and local approvals have been obtained, and
work at the site has been initiated and proceeds in a
reasonably continuous manner to completion.
(Source: P.A. 85-863.)
(415 ILCS 5/3.350 new) (was 415 ILCS 5/3.58)
Sec. 3.350. Potential route. 3.58. "Potential route"
means abandoned and improperly plugged wells of all kinds,
drainage wells, all injection wells, including closed loop
heat pump wells, and any excavation for the discovery,
development or production of stone, sand or gravel.
A new potential route is:
(1) a potential route which is not in existence or
for which construction has not commenced at its location
as of January 1, 1988, or
(2) a potential route which expands laterally
beyond the currently permitted boundary or, if the
potential route is not permitted, the boundary in
existence as of January 1, 1988.
Construction shall be deemed commenced when all necessary
federal, State and local approvals have been obtained, and
work at the site has been initiated and proceeds in a
reasonably continuous manner to completion.
(Source: P.A. 85-863.)
(415 ILCS 5/3.355 new) (was 415 ILCS 5/3.60)
Sec. 3.355. Potential secondary source. 3.60. "Potential
secondary source" means any unit at a facility or a site not
currently subject to a removal or remedial action, other than
a potential primary source, which:
(1) is utilized for the landfilling, land treating,
or surface impounding of waste that is generated on the
site or at other sites owned, controlled or operated by
the same person, other than livestock and landscape
waste, and construction and demolition debris; or
(2) stores or accumulates at any time more than
25,000 but not more than 75,000 pounds above ground, or
more than 2,500 but not more than 7,500 pounds below
ground, of any hazardous substances; or
(3) stores or accumulates at any time more than
25,000 gallons above ground, or more than 500 gallons
below ground, of petroleum, including crude oil or any
fraction thereof which is not otherwise specifically
listed or designated as a hazardous substance; or
(4) stores or accumulates pesticides, fertilizers,
or road oils for purposes of commercial application or
for distribution to retail sales outlets; or
(5) stores or accumulates at any time more than
50,000 pounds of any de-icing agent; or
(6) is utilized for handling livestock waste or for
treating domestic wastewaters other than private sewage
disposal systems as defined in the "Private Sewage
Disposal Licensing Act".
A new potential secondary source is:
(i) a potential secondary source which is not in
existence or for which construction has not commenced at
its location as of July 1, 1988; or
(ii) a potential secondary source which expands
laterally beyond the currently permitted boundary or, if
the secondary source is not permitted, the boundary in
existence as of July 1, 1988, other than an expansion for
handling of livestock waste or for treating domestic
wastewaters; or
(iii) a potential secondary source which is part of
a facility that undergoes major reconstruction. Such
reconstruction shall be deemed to have taken place where
the fixed capital cost of the new components constructed
within a 2-year period exceed 50% of the fixed capital
cost of a comparable entirely new facility.
Construction shall be deemed commenced when all necessary
federal, State and local approvals have been obtained, and
work at the site has been initiated and proceeds in a
reasonably continuous manner to completion.
(Source: P.A. 85-863.)
(415 ILCS 5/3.360 new) (was 415 ILCS 5/3.84)
Sec. 3.360. Potentially infectious medical waste. 3.84.
(a) "Potentially infectious medical waste" means the
following types of waste generated in connection with the
diagnosis, treatment (i.e., provision of medical services),
or immunization of human beings or animals; research
pertaining to the provision of medical services; or the
production or testing of biologicals:
(1) Cultures and stocks. This waste shall include
but not be limited to cultures and stocks of agents
infectious to humans, and associated biologicals;
cultures from medical or pathological laboratories;
cultures and stocks of infectious agents from research
and industrial laboratories; wastes from the production
of biologicals; discarded live or attenuated vaccines; or
culture dishes and devices used to transfer, inoculate,
or mix cultures.
(2) Human pathological wastes. This waste shall
include tissue, organs, and body parts (except teeth and
the contiguous structures of bone and gum); body fluids
that are removed during surgery, autopsy, or other
medical procedures; or specimens of body fluids and their
containers.
(3) Human blood and blood products. This waste
shall include discarded human blood, blood components
(e.g., serum and plasma), or saturated material
containing free flowing blood or blood components.
(4) Used sharps. This waste shall include but not
be limited to discarded sharps used in animal or human
patient care, medical research, or clinical or
pharmaceutical laboratories; hypodermic, intravenous, or
other medical needles; hypodermic or intravenous
syringes; Pasteur pipettes; scalpel blades; or blood
vials. This waste shall also include but not be limited
to other types of broken or unbroken glass (including
slides and cover slips) in contact with infectious
agents.
(5) Animal waste. Animal waste means discarded
materials, including carcasses, body parts, body fluids,
blood, or bedding originating from animals inoculated
during research, production of biologicals, or
pharmaceutical testing with agents infectious to humans.
(6) Isolation waste. This waste shall include
discarded materials contaminated with blood, excretions,
exudates, and secretions from humans that are isolated to
protect others from highly communicable diseases.
"Highly communicable diseases" means those diseases
identified by the Board in rules adopted under subsection
(e) of Section 56.2 of this Act.
(7) Unused sharps. This waste shall include but
not be limited to the following unused, discarded sharps:
hypodermic, intravenous, or other needles; hypodermic or
intravenous syringes; or scalpel blades.
(b) Potentially infectious medical waste does not
include:
(1) waste generated as general household waste;
(2) waste (except for sharps) for which the
infectious potential has been eliminated by treatment; or
(3) sharps that meet both of the following
conditions:
(A) the infectious potential has been
eliminated from the sharps by treatment; and
(B) the sharps are rendered unrecognizable by
treatment.
(Source: P.A. 87-752; 87-895; 87-1097.)
(415 ILCS 5/3.365 new) (was 415 ILCS 5/3.28)
Sec. 3.365. Public water supply. 3.28. "Public water
supply" means all mains, pipes and structures through which
water is obtained and distributed to the public, including
wells and well structures, intakes and cribs, pumping
stations, treatment plants, reservoirs, storage tanks and
appurtenances, collectively or severally, actually used or
intended for use for the purpose of furnishing water for
drinking or general domestic use and which serve at least 15
service connections or which regularly serve at least 25
persons at least 60 days per year. A public water supply is
either a "community water supply" or a "non-community water
supply".
(Source: P.A. 84-1308.)
(415 ILCS 5/3.370 new) (was 415 ILCS 5/3.29)
Sec. 3.370. RCRA permit. 3.29. "RCRA permit" means a
permit issued by the Agency pursuant to authorization
received by the Agency from the United States Environmental
Protection Agency under Subtitle C of the Resource
Conservation and Recovery Act of 1976, (P.L. 94-580) (RCRA)
and which meets the requirements of Section 3005 of RCRA and
of this Act.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.375 new) (was 415 ILCS 5/3.81)
Sec. 3.375. Recycling center. 3.81. "Recycling center"
means a site or facility that accepts only segregated,
nonhazardous, nonspecial, homogeneous, nonputrescible
materials, such as dry paper, glass, cans or plastics, for
subsequent use in the secondary materials market.
(Source: P.A. 87-650.)
(415 ILCS 5/3.380 new) (was 415 ILCS 5/3.30)
Sec. 3.380. Recycling, reclamation or reuse. 3.30.
"Recycling, reclamation or reuse" means a method, technique,
or process designed to remove any contaminant from waste so
as to render such waste reusable, or any process by which
materials that would otherwise be disposed of or discarded
are collected, separated or processed and returned to the
economic mainstream in the form of raw materials or products.
(Source: P.A. 87-650.)
(415 ILCS 5/3.385 new) (was 415 ILCS 5/3.31)
Sec. 3.385. Refuse. 3.31. "Refuse" means waste.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.390 new) (was 415 ILCS 5/3.67)
Sec. 3.390. Regulated recharge area. 3.67. "Regulated
recharge area" means a compact geographic area, as determined
by the Board, the geology of which renders a potable resource
groundwater particularly susceptible to contamination.
(Source: P.A. 85-863.)
(415 ILCS 5/3.395 new) (was 415 ILCS 5/3.33)
Sec. 3.395. Release. 3.33. "Release" means any spilling,
leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing into the
environment, but excludes (a) any release which results in
exposure to persons solely within a workplace, with respect
to a claim which such persons may assert against the employer
of such persons; (b) emissions from the engine exhaust of a
motor vehicle, rolling stock, aircraft, vessel, or pipeline
pumping station engine; (c) release of source, byproduct, or
special nuclear material from a nuclear incident, as those
terms are defined in the Atomic Energy Act of 1954, if such
release is subject to requirements with respect to financial
protection established by the Nuclear Regulatory Commission
under Section 170 of such Act; and (d) the normal application
of fertilizer.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.400 new) (was 415 ILCS 5/3.34)
Sec. 3.400. Remedial action. 3.34. "Remedial action"
means those actions consistent with permanent remedy taken
instead of or in addition to removal actions in the event of
a release or threatened release of a hazardous substance into
the environment, to prevent or minimize the release of
hazardous substances so that they do not migrate to cause
substantial danger to present or future public health or
welfare or the environment. The term includes, but is not
limited to, such actions at the location of the release as
storage, confinement, perimeter protection using dikes,
trenches, or ditches, clay cover, neutralization, cleanup of
released hazardous substances or contaminated materials,
recycling or reuse, diversion destruction, segregation of
reactive wastes, dredging or excavations, repair or
replacement of leaking containers, collection of leachate and
runoff, onsite treatment or incineration, provision of
alternative water supplies, and any monitoring reasonably
required to assure that such actions protect the public
health and welfare and the environment. The term includes
the costs of permanent relocation of residents and businesses
and community facilities where the Governor and the Director
determine that, alone or in combination with other measures,
such relocation is more cost-effective than and
environmentally preferable to the transportation, storage,
treatment, destruction, or secure disposition offsite of
hazardous substances, or may otherwise be necessary to
protect the public health or welfare. The term includes
offsite transport of hazardous substances, or the storage,
treatment, destruction, or secure disposition offsite of such
hazardous substances or contaminated materials.
(Source: P.A. 86-671.)
(415 ILCS 5/3.405 new) (was 415 ILCS 5/3.35)
Sec. 3.405. Remove; removal. 3.35. "Remove" or "removal"
means the cleanup or removal of released hazardous substances
from the environment, actions as may be necessary taken in
the event of the threat of release of hazardous substances
into the environment, actions as may be necessary to monitor,
assess, and evaluate the release or threat of release of
hazardous substances, the disposal of removed material, or
the taking of other actions as may be necessary to prevent,
minimize, or mitigate damage to the public health or welfare
or the environment, that may otherwise result from a release
or threat of release. The term includes, in addition,
without being limited to, security fencing or other measures
to limit access, provision of alternative water supplies,
temporary evacuation and housing of threatened individuals,
and any emergency assistance that may be provided under the
Illinois Emergency Management Agency Act or any other law.
(Source: P.A. 87-168.)
(415 ILCS 5/3.410 new) (was 415 ILCS 5/3.36)
Sec. 3.410. Re-refined oil. 3.36. "Re-refined oil" means
any oil which has been refined from used oil meeting
substantially the same standards as new oil.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.415 new) (was 415 ILCS 5/3.37)
Sec. 3.415. Resident. 3.37. "Resident" means a person
who dwells or has a place of abode which is occupied by that
person for 60 days or more each calendar year.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.420 new) (was 415 ILCS 5/3.38)
Sec. 3.420. Resource conservation. 3.38. "Resource
conservation" means reduction of the amounts of waste that
are generated, reduction of overall resource consumption and
the utilization of recovered resources.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.425 new) (was 415 ILCS 5/3.90)
Sec. 3.425. Resource Conservation and Recovery Act; RCRA.
3.90. "Resource Conservation and Recovery Act" or "RCRA"
means the Resource Conservation and Recovery Act of 1976
(P.L. 94-580), as amended.
(Source: P.A. 88-496.)
(415 ILCS 5/3.430 new) (was 415 ILCS 5/3.66)
Sec. 3.430. Resource groundwater. 3.66. "Resource
groundwater" means groundwater that is presently being or in
the future capable of being put to beneficial use by reason
of being of suitable quality.
(Source: P.A. 85-863.)
(415 ILCS 5/3.435 new) (was 415 ILCS 5/3.39)
Sec. 3.435. Resource recovery. 3.39. "Resource recovery"
means the recovery of material or energy from waste.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.440 new) (was 415 ILCS 5/3.40)
Sec. 3.440. Respond; response. 3.40. "Respond" or
"response" means remove, removal, remedy, and remedial
action.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.445 new) (was 415 ILCS 5/3.41)
Sec. 3.445. Sanitary landfill. 3.41. "Sanitary landfill"
means a facility permitted by the Agency for the disposal of
waste on land meeting the requirements of the Resource
Conservation and Recovery Act, P.L. 94-580, and regulations
thereunder, and without creating nuisances or hazards to
public health or safety, by confining the refuse to the
smallest practical volume and covering it with a layer of
earth at the conclusion of each day's operation, or by such
other methods and intervals as the Board may provide by
regulation.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.450 new) (was 415 ILCS 5/3.61)
Sec. 3.450. Setback zone. 3.61. "Setback zone" means a
geographic area, designated pursuant to this Act, containing
a potable water supply well or a potential source or
potential route, having a continuous boundary, and within
which certain prohibitions or regulations are applicable in
order to protect groundwaters.
(Source: P.A. 85-863.)
(415 ILCS 5/3.455 new) (was 415 ILCS 5/3.42)
Sec. 3.455. Sewage works. 3.42. "Sewage works" means
individually or collectively those constructions or devices
used for collecting, pumping, treating, and disposing of
sewage, industrial waste or other wastes or for the recovery
of by-products from such wastes.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.460 new) (was 415 ILCS 5/3.43)
Sec. 3.460. Site. 3.43. "Site" means any location,
place, tract of land, and facilities, including but not
limited to buildings, and improvements used for purposes
subject to regulation or control by this Act or regulations
thereunder.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.465 new) (was 415 ILCS 5/3.44)
Sec. 3.465. Sludge. 3.44. "Sludge" means any solid,
semi-solid, or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water
supply treatment plant, or air pollution control facility or
any other such waste having similar characteristics and
effects.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.470 new) (was 415 ILCS 5/3.82)
Sec. 3.470. Solid waste. 3.82. "Solid waste" means
waste.
(Source: P.A. 87-650.)
(415 ILCS 5/3.475 new) (was 415 ILCS 5/3.45)
Sec. 3.475. 3.45. Special waste. "Special waste" means
any of the following:
(a) potentially infectious medical waste;
(b) hazardous waste, as determined in conformance with
RCRA hazardous waste determination requirements set forth in
Section 722.111 of Title 35 of the Illinois Administrative
Code, including a residue from burning or processing
hazardous waste in a boiler or industrial furnace unless the
residue has been tested in accordance with Section 726.212 of
Title 35 of the Illinois Administrative Code and proven to be
nonhazardous;
(c) industrial process waste or pollution control waste,
except:
(1) any such waste certified by its generator,
pursuant to Section 22.48 of this Act, not to be any of
the following:
(A) a liquid, as determined using the paint
filter test set forth in subdivision (3)(A) of
subsection (m) of Section 811.107 of Title 35 of the
Illinois Administrative Code;
(B) regulated asbestos-containing waste
materials, as defined under the National Emission
Standards for Hazardous Air Pollutants in 40 CFR
Section 61.141;
(C) polychlorinated biphenyls (PCB's)
regulated pursuant to 40 CFR Part 761;
(D) an industrial process waste or pollution
control waste subject to the waste analysis and
recordkeeping requirements of Section 728.107 of
Title 35 of the Illinois Administrative Code under
the land disposal restrictions of Part 728 of Title
35 of the Illinois Administrative Code; and
(E) a waste material generated by processing
recyclable metals by shredding and required to be
managed as a special waste under Section 22.29 of
this Act;
(2) any empty portable device or container,
including but not limited to a drum, in which a special
waste has been stored, transported, treated, disposed of,
or otherwise handled, provided that the generator has
certified that the device or container is empty and does
not contain a liquid, as determined pursuant to item (A)
of subdivision (1) of this subsection. For purposes of
this subdivision, "empty portable device or container"
means a device or container in which removal of special
waste, except for a residue that shall not exceed one
inch in thickness, has been accomplished by a practice
commonly employed to remove materials of that type. An
inner liner used to prevent contact between the special
waste and the container shall be removed and managed as a
special waste; or
(3) as may otherwise be determined under Section
22.9 of this Act.
"Special waste" does not mean fluorescent and high
intensity discharge lamps as defined in subsection (a) of
Section 22.23a of this Act, waste that is managed in
accordance with the universal waste requirements set forth in
Title 35 of the Illinois Administrative Code, Subtitle G,
Chapter I, Subchapter c, Part 733, or waste that is subject
to rules adopted pursuant to subsection (c)(2) of Section
22.23a of this Act.
(Source: P.A. 89-619, eff. 1-1-97; 90-502, eff. 8-19-97.)
(415 ILCS 5/3.480 new) (was 415 ILCS 5/3.46)
Sec. 3.480. Storage. 3.46. "Storage" means the
containment of waste, either on a temporary basis or for a
period of years, in such a manner as not to constitute
disposal.
(Source: P.A. 87-650.)
(415 ILCS 5/3.485 new) (was 415 ILCS 5/3.47)
Sec. 3.485. Storage site. 3.47. "Storage site" is a site
at which waste is stored. "Storage site" includes transfer
stations but does not include (i) a site that accepts or
receives waste in transfer containers unless the waste is
removed from the transfer container or unless the transfer
container becomes stationary, en route to a disposal,
treatment, or storage facility for more than 5 business days,
or (ii) a site that accepts or receives open top units
containing only clean construction and demolition debris, or
(iii) a site that stores waste on a refuse motor vehicle or
in the vehicle's detachable refuse receptacle for no more
than 24 hours, excluding Saturdays, Sundays, and holidays,
but only if the detachable refuse receptacle is completely
covered or enclosed and is stored on the same site as the
refuse motor vehicle that transported the receptacle to the
site.
Nothing in this Section shall be construed to be less
stringent than or inconsistent with the provisions of the
federal Resource Conservation and Recovery Act of 1976 (P.L.
94-480) or regulations adopted under it.
(Source: P.A. 89-122, eff. 7-7-95.)
(415 ILCS 5/3.490 new) (was 415 ILCS 5/3.48)
Sec. 3.490. Trade secret. 3.48. "Trade secret" means the
whole or any portion or phase of any scientific or technical
information, design, process (including a manufacturing
process), procedure, formula or improvement, or business plan
which is secret in that it has not been published or
disseminated or otherwise become a matter of general public
knowledge, and which has competitive value. A trade secret
is presumed to be secret when the owner thereof takes
reasonable measures to prevent it from becoming available to
persons other than those selected by the owner to have access
thereto for limited purposes.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.495 new) (was 415 ILCS 5/3.48-5)
Sec. 3.495. Transfer container. 3.48-5. "Transfer
container" means a reusable transportable shipping container
that is completely covered or enclosed, that has a volume of
not less than 250 cubic feet based on the external
dimensions, and that is constructed and maintained to protect
the container contents (which may include smaller containers
that are or are not transfer containers) from water, rain,
and wind, to prevent the free movement of rodents and vectors
into or out of the container, and to prevent leaking from the
container.
(Source: P.A. 89-122, eff. 7-7-95.)
(415 ILCS 5/3.500 new) (was 415 ILCS 5/3.83)
Sec. 3.500. Transfer station. 3.83. "Transfer station"
means a site or facility that accepts waste for temporary
storage or consolidation and further transfer to a waste
disposal, treatment or storage facility. "Transfer station"
includes a site where waste is transferred from (1) a rail
carrier to a motor vehicle or water carrier; (2) a water
carrier to a rail carrier or motor vehicle; (3) a motor
vehicle to a rail carrier, water carrier or motor vehicle;
(4) a rail carrier to a rail carrier, if the waste is removed
from a rail car; or (5) a water carrier to a water carrier,
if the waste is removed from a vessel.
"Transfer station" does not include (i) a site where
waste is not removed from the transfer container, or (ii) a
site that accepts or receives open top units containing only
clean construction and demolition debris, or (iii) a site
that stores waste on a refuse motor vehicle or in the
vehicle's detachable refuse receptacle for no more than 24
hours, excluding Saturdays, Sundays, and holidays, but only
if the detachable refuse receptacle is completely covered or
enclosed and is stored on the same site as the refuse motor
vehicle that transported the receptacle to the site.
Nothing in this Section shall be construed to be less
stringent than or inconsistent with the provisions of the
federal Resource Conservation and Recovery Act of 1976 (P.L.
94-480) or regulations adopted under it.
(Source: P.A. 89-122, eff. 7-7-95.)
(415 ILCS 5/3.505 new) (was 415 ILCS 5/3.49)
Sec. 3.505. Treatment. 3.49. "Treatment" means any
method, technique or process, including neutralization,
designed to change the physical, chemical, or biological
character or composition of any waste so as to neutralize it
or render it nonhazardous, safer for transport, amenable for
recovery, amenable for storage, or reduced in volume. Such
term includes any activity or processing designed to change
the physical form or chemical composition of hazardous waste
so as to render it nonhazardous.
(Source: P.A. 87-650.)
(415 ILCS 5/3.510 new) (was 415 ILCS 5/3.50)
Sec. 3.510. Underground injection. 3.50. "Underground
injection" means the subsurface emplacement of fluids by well
injection.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.515 new) (was 415 ILCS 5/3.62)
Sec. 3.515. Unit. 3.62. "Unit" means any device,
mechanism, equipment, or area (exclusive of land utilized
only for agricultural production). This term includes
secondary containment structures and their contents at
agrichemical facilities.
(Source: P.A. 87-1108.)
(415 ILCS 5/3.520 new) (was 415 ILCS 5/3.51)
Sec. 3.520. Used oil. 3.51. "Used oil" means any oil
which has been refined from crude oil or refined from used
oil, has been used, and as a result of such use has been
contaminated by physical or chemical impurities, except that
"used oil" shall not include that type of oil generated on
farmland property devoted to agricultural use and used on
that property for heating or burning.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.525 new) (was 415 ILCS 5/3.91)
Sec. 3.525. Vegetable by-products. 3.91. "Vegetable
by-products" means any waste consisting solely of the unused
portion of fruits and vegetables, associated solids, and
process water resulting from any commercial canning,
freezing, preserving or other processing of fruits and
vegetables. Vegetable by-products are not special wastes.
(Source: P.A. 88-454; 88-670, eff. 12-2-94.)
(415 ILCS 5/3.530 new) (was 415 ILCS 5/3.52)
Sec. 3.530. Virgin oil. 3.52. "Virgin oil" means any oil
which has been refined from crude oil which may or may not
contain additives and has not been used.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.535 new) (was 415 ILCS 5/3.53)
Sec. 3.535. Waste. 3.53. "Waste" means any garbage,
sludge from a waste treatment plant, water supply treatment
plant, or air pollution control facility or other discarded
material, including solid, liquid, semi-solid, or contained
gaseous material resulting from industrial, commercial,
mining and agricultural operations, and from community
activities, but does not include solid or dissolved material
in domestic sewage, or solid or dissolved materials in
irrigation return flows, or coal combustion by-products as
defined in Section 3.135 3.94, or industrial discharges which
are point sources subject to permits under Section 402 of the
Federal Water Pollution Control Act, as now or hereafter
amended, or source, special nuclear, or by-product materials
as defined by the Atomic Energy Act of 1954, as amended (68
Stat. 921) or any solid or dissolved material from any
facility subject to the Federal Surface Mining Control and
Reclamation Act of 1977 (P.L. 95-87) or the rules and
regulations thereunder or any law or rule or regulation
adopted by the State of Illinois pursuant thereto.
(Source: P.A. 89-93, eff. 7-6-95.)
(415 ILCS 5/3.540 new) (was 415 ILCS 5/3.54)
Sec. 3.540. Waste disposal site. 3.54. "Waste disposal
site" is a site on which solid waste is disposed.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.545 new) (was 415 ILCS 5/3.55)
Sec. 3.545. Water pollution. 3.55. "Water pollution" is
such alteration of the physical, thermal, chemical,
biological or radioactive properties of any waters of the
State, or such discharge of any contaminant into any waters
of the State, as will or is likely to create a nuisance or
render such waters harmful or detrimental or injurious to
public health, safety or welfare, or to domestic, commercial,
industrial, agricultural, recreational, or other legitimate
uses, or to livestock, wild animals, birds, fish, or other
aquatic life.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.550 new) (was 415 ILCS 5/3.56)
Sec. 3.550. Waters. 3.56. "Waters" means all
accumulations of water, surface and underground, natural, and
artificial, public and private, or parts thereof, which are
wholly or partially within, flow through, or border upon this
State.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.555 new) (was 415 ILCS 5/3.57)
Sec. 3.555. Well. 3.57. "Well" means a bored, drilled or
driven shaft, or dug hole, the depth of which is greater than
the largest surface dimension.
(Source: P.A. 84-1308.)
(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
Sec. 4. Environmental Protection Agency; establishment;
duties.
(a) There is established in the Executive Branch of the
State Government an agency to be known as the Environmental
Protection Agency. This Agency shall be under the
supervision and direction of a Director who shall be
appointed by the Governor with the advice and consent of the
Senate. The term of office of the Director shall expire on
the third Monday of January in odd numbered years, provided
that he or she shall hold his office until a his successor is
appointed and has qualified. The Director shall receive an
annual salary as set by the Governor from time to time or as
set by the Compensation Review Board, whichever is greater.
If set by the Governor, the Director's annual salary may not
exceed 85% of the Governor's annual salary. The Director, in
accord with the Personnel Code, shall employ and direct such
personnel, and shall provide for such laboratory and other
facilities, as may be necessary to carry out the purposes of
this Act. In addition, the Director may by agreement secure
such services as he or she may deem necessary from any other
department, agency, or unit of the State Government, and may
employ and compensate such consultants and technical
assistants as may be required.
(b) The Agency shall have the duty to collect and
disseminate such information, acquire such technical data,
and conduct such experiments as may be required to carry out
the purposes of this Act, including ascertainment of the
quantity and nature of discharges from any contaminant source
and data on those sources, and to operate and arrange for the
operation of devices for the monitoring of environmental
quality.
(c) The Agency shall have authority to conduct a program
of continuing surveillance and of regular or periodic
inspection of actual or potential contaminant or noise
sources, of public water supplies, and of refuse disposal
sites.
(d) In accordance with constitutional limitations, the
Agency shall have authority to enter at all reasonable times
upon any private or public property for the purpose of:
(1) Inspecting and investigating to ascertain possible
violations of the Act or of regulations thereunder, or of
permits or terms or conditions thereof; or
(2) In accordance with the provisions of this Act,
taking whatever preventive or corrective action, including
but not limited to removal or remedial action, that is
necessary or appropriate whenever there is a release or a
substantial threat of a release of (A) a hazardous substance
or pesticide or (B) petroleum from an underground storage
tank.
(e) The Agency shall have the duty to investigate
violations of this Act or of regulations adopted thereunder,
or of permits or terms or conditions thereof, to issue
administrative citations as provided in Section 31.1 of this
Act, and to take such summary enforcement action as is
provided for by Section 34 of this Act.
(f) The Agency shall appear before the Board in any
hearing upon a petition for variance, the denial of a permit,
or the validity or effect of a rule or regulation of the
Board, and shall have the authority to appear before the
Board in any hearing under the Act.
(g) The Agency shall have the duty to administer, in
accord with Title X of this Act, such permit and
certification systems as may be established by this Act or by
regulations adopted thereunder. The Agency may enter into
written delegation agreements with any department, agency, or
unit of State or local government under which all or portions
of this duty may be delegated for public water supply storage
and transport systems, sewage collection and transport
systems, air pollution control sources with uncontrolled
emissions of 100 tons per year or less and application of
algicides to waters of the State. Such delegation agreements
will require that the work to be performed thereunder will be
in accordance with Agency criteria, subject to Agency review,
and shall include such financial and program auditing by the
Agency as may be required.
(h) The Agency shall have authority to require the
submission of complete plans and specifications from any
applicant for a permit required by this Act or by regulations
thereunder, and to require the submission of such reports
regarding actual or potential violations of the Act or of
regulations thereunder, or of permits or terms or conditions
thereof, as may be necessary for purposes of this Act.
(i) The Agency shall have authority to make
recommendations to the Board for the adoption of regulations
under Title VII of the Act.
(j) The Agency shall have the duty to represent the
State of Illinois in any and all matters pertaining to plans,
procedures, or negotiations for interstate compacts or other
governmental arrangements relating to environmental
protection.
(k) The Agency shall have the authority to accept,
receive, and administer on behalf of the State any grants,
gifts, loans, indirect cost reimbursements, or other funds
made available to the State from any source for purposes of
this Act or for air or water pollution control, public water
supply, solid waste disposal, noise abatement, or other
environmental protection activities, surveys, or programs.
Any federal funds received by the Agency pursuant to this
subsection shall be deposited in a trust fund with the State
Treasurer and held and disbursed by him in accordance with
Treasurer as Custodian of Funds Act, provided that such
monies shall be used only for the purposes for which they are
contributed and any balance remaining shall be returned to
the contributor.
The Agency is authorized to promulgate such regulations
and enter into such contracts as it may deem necessary for
carrying out the provisions of this subsection.
(l) The Agency is hereby designated as water pollution
agency for the state for all purposes of the Federal Water
Pollution Control Act, as amended; as implementing agency for
the State for all purposes of the Safe Drinking Water Act,
Public Law 93-523, as now or hereafter amended, except
Section 1425 of that Act; as air pollution agency for the
state for all purposes of the Clean Air Act of 1970, Public
Law 91-604, approved December 31, 1970, as amended; and as
solid waste agency for the state for all purposes of the
Solid Waste Disposal Act, Public Law 89-272, approved October
20, 1965, and amended by the Resource Recovery Act of 1970,
Public Law 91-512, approved October 26, 1970, as amended, and
amended by the Resource Conservation and Recovery Act of
1976, (P.L. 94-580) approved October 21, 1976, as amended; as
noise control agency for the state for all purposes of the
Noise Control Act of 1972, Public Law 92-574, approved
October 27, 1972, as amended; and as implementing agency for
the State for all purposes of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (P.L.
96-510), as amended; and otherwise as pollution control
agency for the State pursuant to federal laws integrated with
the foregoing laws, for financing purposes or otherwise. The
Agency is hereby authorized to take all action necessary or
appropriate to secure to the State the benefits of such
federal Acts, provided that the Agency shall transmit to the
United States without change any standards adopted by the
Pollution Control Board pursuant to Section 5(c) of this Act.
This subsection (l) of Section 4 shall not be construed to
bar or prohibit the Environmental Protection Trust Fund
Commission from accepting, receiving, and administering on
behalf of the State any grants, gifts, loans or other funds
for which the Commission is eligible pursuant to the
Environmental Protection Trust Fund Act. The Agency is
hereby designated as the State agency for all purposes of
administering the requirements of Section 313 of the federal
Emergency Planning and Community Right-to-Know Act of 1986.
Any municipality, sanitary district, or other political
subdivision, or any Agency of the State or interstate Agency,
which makes application for loans or grants under such
federal Acts shall notify the Agency of such application; the
Agency may participate in proceedings under such federal
Acts.
(m) The Agency shall have authority, consistent with
Section 5(c) and other provisions of this Act, and for
purposes of Section 303(e) of the Federal Water Pollution
Control Act, as now or hereafter amended, to engage in
planning processes and activities and to develop plans in
cooperation with units of local government, state agencies
and officers, and other appropriate persons in connection
with the jurisdiction or duties of each such unit, agency,
officer or person. Public hearings shall be held on the
planning process, at which any person shall be permitted to
appear and be heard, pursuant to procedural regulations
promulgated by the Agency.
(n) In accordance with the powers conferred upon the
Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this
Act, the Agency shall have authority to establish and enforce
minimum standards for the operation of laboratories relating
to analyses and laboratory tests for air pollution, water
pollution, noise emissions, contaminant discharges onto land
and sanitary, chemical, and mineral quality of water
distributed by a public water supply. The Agency may enter
into formal working agreements with other departments or
agencies of state government under which all or portions of
this authority may be delegated to the cooperating department
or agency.
(o) The Agency shall have the authority to issue
certificates of competency to persons and laboratories
meeting the minimum standards established by the Agency in
accordance with Section 4(n) of this Act and to promulgate
and enforce regulations relevant to the issuance and use of
such certificates. The Agency may enter into formal working
agreements with other departments or agencies of state
government under which all or portions of this authority may
be delegated to the cooperating department or agency.
(p) Except as provided in Section 17.7, the Agency shall
have the duty to analyze samples as required from each public
water supply to determine compliance with the contaminant
levels specified by the Pollution Control Board. The maximum
number of samples which the Agency shall be required to
analyze for microbiological quality shall be 6 per month, but
the Agency may, at its option, analyze a larger number each
month for any supply. Results of sample analyses for
additional required bacteriological testing, turbidity,
residual chlorine and radionuclides are to be provided to the
Agency in accordance with Section 19. Owners of water
supplies may enter into agreements with the Agency to provide
for reduced Agency participation in sample analyses.
(q) The Agency shall have the authority to provide
notice to any person who may be liable pursuant to Section
22.2(f) of this Act for a release or a substantial threat of
a release of a hazardous substance or pesticide. Such notice
shall include the identified response action and an
opportunity for such person to perform the response action.
(r) The Agency may enter into written delegation
agreements with any unit of local government under which it
may delegate all or portions of its inspecting, investigating
and enforcement functions. Such delegation agreements shall
require that work performed thereunder be in accordance with
Agency criteria and subject to Agency review.
Notwithstanding any other provision of law to the contrary,
no unit of local government shall be liable for any injury
resulting from the exercise of its authority pursuant to such
a delegation agreement unless the injury is proximately
caused by the willful and wanton negligence of an agent or
employee of the unit of local government, and any policy of
insurance coverage issued to a unit of local government may
provide for the denial of liability and the nonpayment of
claims based upon injuries for which the unit of local
government is not liable pursuant to this subsection (r).
(s) The Agency shall have authority to take whatever
preventive or corrective action is necessary or appropriate,
including but not limited to expenditure of monies
appropriated from the Build Illinois Bond Fund and the Build
Illinois Purposes Fund for removal or remedial action,
whenever any hazardous substance or pesticide is released or
there is a substantial threat of such a release into the
environment. The State, the Director, and any State employee
shall be indemnified for any damages or injury arising out of
or resulting from any action taken under this subsection.
The Director of the Agency is authorized to enter into such
contracts and agreements as are necessary to carry out the
Agency's duties under this subsection.
(t) The Agency shall have authority to distribute
grants, subject to appropriation by the General Assembly, for
financing and construction of municipal wastewater
facilities. With respect to all monies appropriated from the
Build Illinois Bond Fund and the Build Illinois Purposes Fund
for wastewater facility grants, the Agency shall make
distributions in conformity with the rules and regulations
established pursuant to the Anti-Pollution Bond Act, as now
or hereafter amended.
(u) Pursuant to the Illinois Administrative Procedure
Act, the Agency shall have the authority to adopt such rules
as are necessary or appropriate for the Agency to implement
Section 31.1 of this Act.
(v) (Blank.)
(w) Neither the State, nor the Director, nor the Board,
nor any State employee shall be liable for any damages or
injury arising out of or resulting from any action taken
under subsection (s) or subsection (v).
(x)(1) The Agency shall have authority to distribute
grants, subject to appropriation by the General Assembly, to
units of local government for financing and construction of
public water supply facilities. With respect to all monies
appropriated from the Build Illinois Bond Fund or the Build
Illinois Purposes Fund for public water supply grants, such
grants shall be made in accordance with rules promulgated by
the Agency. Such rules shall include a requirement for a
local match of 30% of the total project cost for projects
funded through such grants.
(2) The Agency shall not terminate a grant to a unit of
local government for the financing and construction of public
water supply facilities unless and until the Agency adopts
rules that set forth precise and complete standards, pursuant
to Section 5-20 of the Illinois Administrative Procedure Act,
for the termination of such grants. The Agency shall not
make determinations on whether specific grant conditions are
necessary to ensure the integrity of a project or on whether
subagreements shall be awarded, with respect to grants for
the financing and construction of public water supply
facilities, unless and until the Agency adopts rules that set
forth precise and complete standards, pursuant to Section
5-20 of the Illinois Administrative Procedure Act, for making
such determinations. The Agency shall not issue a stop-work
order in relation to such grants unless and until the Agency
adopts precise and complete standards, pursuant to Section
5-20 of the Illinois Administrative Procedure Act, for
determining whether to issue a stop-work order.
(y) The Agency shall have authority to release any
person from further responsibility for preventive or
corrective action under this Act following successful
completion of preventive or corrective action undertaken by
such person upon written request by the person.
(Source: P.A. 91-25, eff. 6-9-99.)
(415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
Sec. 5. Pollution Control Board.
(a) There is hereby created an independent board to be
known as the Pollution Control Board, consisting of 7
technically qualified members, no more than 4 of whom may be
of the same political party, to be appointed by the Governor
with the advice and consent of the Senate. One of the members
of the Board first appointed shall be appointed for an
initial term expiring July 1, 1971; two members shall be
appointed for initial terms expiring July 1, 1972; two
members shall be appointed for initial terms expiring July 1,
1973; and the two members appointed pursuant to this
amendatory Act of 1983 shall be appointed for initial terms
expiring on July 1, 1986.
Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the Board is
abolished on the effective date of this amendatory Act of
1985, but the incumbent members shall continue to exercise
all of the powers and be subject to all of the duties of
members of the Board until their respective successors are
appointed and qualified. Thereafter, 3 members of the Board
shall be appointed to initial terms expiring July 1, 1986; 2
members of the Board shall be appointed to initial terms
expiring July 1, 1987; and 2 members of the Board shall be
appointed to initial terms expiring July 1, 1988.
All members successors shall hold office for 3 three
years from the first day of July in the year in which they
were appointed, except in case of an appointment to fill a
vacancy. In case of a vacancy in the office when the Senate
is not in session, the Governor may make a temporary
appointment until the next meeting of the Senate, when he or
she shall nominate some person to fill such office; and any
person so nominated, who is confirmed by the Senate, shall
hold the his office during the remainder of the term. If the
Senate is not in session at the time this Act takes effect,
the Governor shall make temporary appointments as in case of
vacancies.
Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office, such resignation to take
effect when a his successor has been appointed and has
qualified.
Board members shall be paid $30,000 per year until July
1, 1979; $33,000 from July 1, 1979 to July 1, 1980; $34,900
from July 1, 1980 to July 1, 1981; and $37,000 per year
thereafter, or an amount set by the Compensation Review
Board, whichever is greater, and the Chairman shall be paid
$35,000 per year until July 1, 1979; $38,500 from July 1,
1979 to July 1, 1980; $40,800 from July 1, 1980 to July 1,
1981 and $43,000 per year thereafter, or an amount set by the
Compensation Review Board, whichever is greater. Each member
shall be reimbursed for expenses necessarily incurred, shall
devote full time to the performance of his or her duties and
shall make a financial disclosure upon appointment. Each
Board member may employ one secretary and one assistant, and
the Chairman one secretary and 2 two assistants. The Board
also may employ and compensate hearing officers to preside at
hearings under this Act, and such other personnel as may be
necessary. Hearing officers shall be attorneys licensed to
practice law in Illinois.
The Governor shall designate one Board member to be
Chairman, who shall serve at the pleasure of the Governor.
The Board shall hold at least one meeting each month and
such additional meetings as may be prescribed by Board rules.
In addition, special meetings may be called by the Chairman
or by any 2 two Board members, upon delivery of 24 hours
written notice to the office of each member. All Board
meetings shall be open to the public, and public notice of
all meetings shall be given at least 24 hours in advance of
each meeting. In emergency situations in which a majority of
the Board certifies that exigencies of time require the
requirements of public notice and of 24 hour written notice
to members may be dispensed with, and Board members shall
receive such notice as is reasonable under the circumstances.
Four members of the Board shall constitute a quorum, and
4 votes shall be required for any final determination by the
Board, except in a proceeding to remove a seal under
paragraph (d) of Section 34 of this Act. The Board shall
keep a complete and accurate record of all its meetings.
(b) The Board shall determine, define and implement the
environmental control standards applicable in the State of
Illinois and may adopt rules and regulations in accordance
with Title VII of this Act.
(c) The Board shall have authority to act for the State
in regard to the adoption of standards for submission to the
United States under any federal law respecting environmental
protection. Such standards shall be adopted in accordance
with Title VII of the Act and upon adoption shall be
forwarded to the Environmental Protection Agency for
submission to the United States pursuant to subsections (l)
and (m) of Section 4 of this Act. Nothing in this paragraph
shall limit the discretion of the Governor to delegate
authority granted to the Governor him under any federal law.
(d) The Board shall have authority to conduct
proceedings hearings upon complaints charging violations of
this Act, any rule or regulation adopted under this Act, or
any permit or term or condition of a permit; upon
administrative citations or of regulations thereunder; upon
petitions for variances or adjusted standards; upon petitions
for review of the Agency's final determinations on denial of
a permit applications in accordance with Title X of this Act;
upon petitions petition to remove seals a seal under Section
34 of this Act; and upon other petitions for review of final
determinations which are made pursuant to this the Act or
Board rule and which involve a subject which the Board is
authorized to regulate. The Board may also conduct; and such
other proceedings hearings as may be provided by this Act or
any other statute or rule.
(e) In connection with any proceeding hearing pursuant
to subsection subsections (b) or (d) of this Section, the
Board may subpoena and compel the attendance of witnesses and
the production of evidence reasonably necessary to resolution
of the matter under consideration. The Board shall issue
such subpoenas upon the request of any party to a proceeding
under subsection (d) of this Section or upon its own motion.
(f) The Board may prescribe reasonable fees for permits
required pursuant to this Act. Such fees in the aggregate
may not exceed the total cost to the Agency for its
inspection and permit systems. The Board may not prescribe
any permit fees which are different in amount from those
established by this Act.
(Source: P.A. 84-1308.)
(415 ILCS 5/7) (from Ch. 111 1/2, par. 1007)
Sec. 7. Public inspection; fees.
(a) All files, records, and data of the Agency, the
Board, and the Department shall be open to reasonable public
inspection and may be copied upon payment of reasonable fees
to be established where appropriate by the Agency, the Board,
or the Department, except for the following:
(i) information which constitutes a trade secret;
(ii) information privileged against introduction in
judicial proceedings;
(iii) internal communications of the several
agencies;
(iv) information concerning secret manufacturing
processes or confidential data submitted by any person
under this Act.
(b) Notwithstanding subsection (a) above, as to
information from or concerning persons subject to NPDES
permit requirements:
(i) effluent data may under no circumstances be
kept confidential; and
(ii) the Agency, the Board, and the Department may
make available to the public for inspection and copying
any required records, reports, information, permits, and
permit applications obtained from contaminant sources
subject to the provisions of Section 12 (f) of this Act;
provided that upon a showing satisfactory to the Agency,
the Board or the Department, as the case may be, by any
person that such information, or any part thereof (other
than effluent data) would, if made public, divulge
methods or processes entitled to protection as trade
secrets of such person, the Agency, the Board, or the
Department, as the case may be, shall treat such
information as confidential.
(c) Notwithstanding any other provision of this Title or
any other law to the contrary, all emission data reported to
or otherwise obtained by the Agency, the Board or the
Department in connection with any examination, inspection or
proceeding under this Act shall be available to the public to
the extent required by the federal Clean Air Act, Amendments
of 1977 (P.L. 95-95) as amended.
(d) Notwithstanding subsection (a) above, the quantity
and identity of substances being placed or to be placed in
landfills or hazardous waste treatment, storage or disposal
facilities, and the name of the generator of such substances
may under no circumstances be kept confidential.
(e) Notwithstanding any other provisions of this Title,
or any other law to the contrary, any information accorded
confidential treatment may be disclosed or transmitted to
other officers, employees or authorized representatives of
this State or of the United States concerned with or for the
purposes of carrying out this Act or federal environmental
statutes and regulations; provided, however, that such
information shall be identified as confidential by the
Agency, the Board, or the Department, as the case may be.
Any confidential information disclosed or transmitted under
this provision shall be used for the purposes stated herein.
(f) Except as provided in this Act neither the Agency,
the Board, nor the Department shall charge any fee for the
performance of its respective duties under this Act.
(g) All files, records and data of the Agency, the Board
and the Department shall be made available to the Department
of Public Health pursuant to the Illinois Health and
Hazardous Substances Registry Act. Expenses incurred in the
copying and transmittal of files, records and data requested
pursuant to this subsection (g) shall be the responsibility
of the Department of Public Health.
(Source: P.A. 85-1331.)
(415 ILCS 5/9.2) (from Ch. 111 1/2, par. 1009.2)
Sec. 9.2. Sulfur dioxide emission standards.
(a) (Blank.) The Agency shall review all Illinois sulfur
dioxide emission standards for existing fuel combustion
stationary emission sources located within the Chicago, St.
Louis (Illinois), and Peoria major metropolitan areas and, if
appropriate following such review, propose amendments to such
standards to the Board by July 1, 1980, or within 90 days of
receipt of the initial reports required pursuant to Section
6.1 of this Act, whichever is later. The standards proposed
by the Agency shall be designed to enhance the use of
Illinois coal, consistent with the need to attain and
maintain the National Ambient Air Quality Standards for
sulfur dioxide and particulate matter.
(b) In granting any alternative emission standard or
variance relating to sulfur dioxide emissions from a
coal-burning stationary source, the Board may require the use
of Illinois coal as a condition of such alternative standard
or variance, provided that the Board determines that Illinois
coal of the proper quality is available and competitive in
price; such determination shall include consideration of the
cost of pollution control equipment and the economic impact
on the Illinois coal mining industry.
(Source: P.A. 84-585.)
(415 ILCS 5/9.3) (from Ch. 111 1/2, par. 1009.3)
Sec. 9.3. Alternative control strategies.
(a) The General Assembly finds that control strategies,
including emission limitations, alternative but
environmentally equivalent to those required by Board
regulations or the terms of this Act, can assure equivalent
protection of the environment and that the use of such
alternative control strategies can encourage technological
innovation, reduce the likelihood of shutdown of older
sources, and can result in decreased costs of compliance and
increased availability of resources for use in productive
capital investments.
(b) (Blank.) Within 120 days after the effective date of
this amendatory Act of 1981, the Board shall adopt interim
rules pursuant to the Illinois Administrative Procedure Act
for the standards of issuance of permits to sources under
Section 39.1, provided, that processing of permits under
Section 39.1 is of vital benefit to the State, and may
proceed immediately upon the effective date of this
amendatory Act of 1981. Such interim rules shall be in
effect until the effective date of Board regulations
promulgated pursuant to subsection (c), below.
(c) On or before December 31, 1982, the Board shall
adopt regulations establishing a permit program pursuant to
Section 39.1 in accordance with Title VII of this Act.
(d) Board rules pursuant to this Section 9.3 shall set
forth reasonable requirements for issuance of an alternative
control strategy permit, provided that the Board may not
impose any condition or requirement more stringent than
required by the Clean Air Act or for compliance with this Act
or other Board regulations thereunder. The Agency shall
promptly adopt any necessary procedures for the
administration of such permit programs. The burden of
establishing that any procedure, condition or requirement
imposed by the Agency in or for the issuance of a permit is
more stringent than required by applicable law shall be upon
the permit applicant.
(Source: P.A. 88-45.)
(415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)
Sec. 9.4. Municipal waste incineration emission
standards.
(a) The General Assembly finds:
(1) That air pollution from municipal waste
incineration may constitute a threat to public health,
welfare and the environment. The amounts and kinds of
pollutants depend on the nature of the waste stream,
operating conditions of the incinerator, and the
effectiveness of emission controls. Under normal
operating conditions, municipal waste incinerators
produce pollutants such as organic compounds, metallic
compounds and acid gases which may be a threat to public
health, welfare and the environment.
(2) That a combustion and flue-gas control system,
which is properly designed, operated and maintained, can
substantially reduce the emissions of organic materials,
metallic compounds and acid gases from municipal waste
incineration.
(b) It is the purpose of this Section to insure that
emissions from new municipal waste incineration facilities
which burn a total of 25 tons or more of municipal waste per
day are adequately controlled.
Such facilities shall be subject to emissions limits and
operating standards based upon the application of Best
Available Control Technology, as determined by the Agency,
for emissions of the following categories of pollutants:
(1) particulate matter, sulfur dioxide and nitrogen
oxides;
(2) acid gases;
(3) heavy metals; and
(4) organic materials.
(c) The Agency shall issue permits, pursuant to Section
39, to new municipal waste incineration facilities only if
the Agency finds that such facilities are designed,
constructed and operated so as to comply with the
requirements prescribed by this Section.
Prior to adoption of Board regulations under subsection
(d) of this Section the Agency may issue permits for the
construction of new municipal waste incineration facilities.
The Agency determination of Best Available Control Technology
shall be based upon consideration of the specific pollutants
named in subsection (d), and emissions of particulate matter,
sulfur dioxide and nitrogen oxides.
Nothing in this Section shall limit the applicability of
any other Sections of this Act, or of other standards or
regulations adopted by the Board, to municipal waste
incineration facilities. In issuing such permits, the Agency
may prescribe those conditions necessary to assure continuing
compliance with the emission limits and operating standards
determined pursuant to subsection (b); such conditions may
include the monitoring and reporting of emissions.
(d) Within one year after July 1, 1986 the effective
date of this amendatory Act of 1985, the Board shall adopt
regulations pursuant to Title VII of this Act, which define
the terms in items (2), (3) and (4) of subsection (b) of this
Section which are to be used by the Agency in making its
determination pursuant to this Section. The provisions of
Section 27(b) of this Act shall not apply to this rulemaking.
Such regulations shall be written so that the categories
of pollutants include, but need not be limited to, the
following specific pollutants:
(1) hydrogen chloride in the definition of acid
gases;
(2) arsenic, cadmium, mercury, chromium, nickel and
lead in the definition of heavy metals; and
(3) polychlorinated dibenzo-p-dioxins,
polychlorinated dibenzofurans and polynuclear aromatic
hydrocarbons in the definition of organic materials.
(e) For the purposes of this Section, the term "Best
Available Control Technology" means an emission limitation
(including a visible emission standard) based on the maximum
degree of pollutant reduction which the Agency, on a
case-by-case basis, taking into account energy, environmental
and economic impacts, determines is achievable through the
application of production processes or available methods,
systems and techniques, including fuel cleaning or treatment
or innovative fuel combustion techniques. If the Agency
determines that technological or economic limitations on the
application of measurement methodology to a particular class
of sources would make the imposition of an emission standard
not feasible, it may instead prescribe a design, equipment,
work practice or operational standard, or combination
thereof, to require the application of best available control
technology. Such standard shall, to the degree possible, set
forth the emission reduction achievable by implementation of
such design, equipment, work practice or operation and shall
provide for compliance by means which achieve equivalent
results.
(f) "Municipal waste incineration" means the burning of
municipal waste or fuel derived therefrom in a combustion
apparatus designed to burn municipal waste that may produce
electricity or steam as a by-product. A "new municipal waste
incinerator" is an incinerator initially permitted for
development or construction after January 1, 1986.
(g) The provisions of this Section shall not apply to
industrial incineration facilities that burn waste generated
at the same site.
(Source: P.A. 91-357, eff. 7-29-99.)
(415 ILCS 5/12) (from Ch. 111 1/2, par. 1012)
Sec. 12. Actions prohibited. No person shall:
(a) Cause or threaten or allow the discharge of any
contaminants into the environment in any State so as to cause
or tend to cause water pollution in Illinois, either alone or
in combination with matter from other sources, or so as to
violate regulations or standards adopted by the Pollution
Control Board under this Act.
(b) Construct, install, or operate any equipment,
facility, vessel, or aircraft capable of causing or
contributing to water pollution, or designed to prevent water
pollution, of any type designated by Board regulations,
without a permit granted by the Agency, or in violation of
any conditions imposed by such permit.
(c) Increase the quantity or strength of any discharge
of contaminants into the waters, or construct or install any
sewer or sewage treatment facility or any new outlet for
contaminants into the waters of this State, without a permit
granted by the Agency.
(d) Deposit any contaminants upon the land in such place
and manner so as to create a water pollution hazard.
(e) Sell, offer, or use any article in any area in which
the Board has by regulation forbidden its sale, offer, or use
for reasons of water pollution control.
(f) Cause, threaten or allow the discharge of any
contaminant into the waters of the State, as defined herein,
including but not limited to, waters to any sewage works, or
into any well or from any point source within the State,
without an NPDES permit for point source discharges issued by
the Agency under Section 39(b) of this Act, or in violation
of any term or condition imposed by such permit, or in
violation of any NPDES permit filing requirement established
under Section 39(b), or in violation of any regulations
adopted by the Board or of any order adopted by the Board
with respect to the NPDES program.
No permit shall be required under this subsection and
under Section 39(b) of this Act for any discharge for which a
permit is not required under the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
For all purposes of this Act, a permit issued by the
Administrator of the United States Environmental Protection
Agency under Section 402 of the Federal Water Pollution
Control Act, as now or hereafter amended, shall be deemed to
be a permit issued by the Agency pursuant to Section 39(b) of
this Act. However, this shall not apply to the exclusion
from the requirement of an operating permit provided under
Section 13(b)(i).
Compliance with the terms and conditions of any permit
issued under Section 39(b) of this Act shall be deemed
compliance with this subsection except that it shall not be
deemed compliance with any standard or effluent limitation
imposed for a toxic pollutant injurious to human health.
In any case where a permit has been timely applied for
pursuant to Section 39(b) of this Act but final
administrative disposition of such application has not been
made, it shall not be a violation of this subsection to
discharge without such permit unless the complainant proves
that final administrative disposition has not been made
because of the failure of the applicant to furnish
information reasonably required or requested in order to
process the application. For purposes of this provision,
until implementing requirements have been established by the
Board and the Agency, all applications deemed filed with the
Administrator of the United States Environmental Protection
Agency pursuant to the provisions of the Federal Water
Pollution Control Act, as now or hereafter amended, shall be
deemed filed with the Agency.
(g) Cause, threaten or allow the underground injection
of contaminants without a UIC permit issued by the Agency
under Section 39(d) of this Act, or in violation of any term
or condition imposed by such permit, or in violation of any
regulations or standards adopted by the Board or of any order
adopted by the Board with respect to the UIC program.
No permit shall be required under this subsection and
under Section 39(d) of this Act for any underground injection
of contaminants for which a permit is not required under Part
C of the Safe Drinking Water Act (P.L. 93-523), as amended,
unless a permit is authorized or required under regulations
adopted by the Board pursuant to Section 13 of this Act.
(h) Introduce contaminants into a sewage works from any
nondomestic source except in compliance with the regulations
and standards adopted by the Board under this Act.
(Source: P.A. 86-671.)
(415 ILCS 5/13.1) (from Ch. 111 1/2, par. 1013.1)
Sec. 13.1. Groundwater monitoring network.
(a) (Blank.) The Department, in cooperation with the
Environmental Protection Agency and the Department of Public
Health, shall complete a study of groundwater quality in
Illinois. Such study, at a minimum, shall include a
compilation of currently available data on groundwater
quality and a limited amount of taking of new water samples
from existing wells to fill in major data gaps to provide a
preliminary assessment of current levels of contamination of
the groundwaters in the State by hazardous substances, and an
identification of the location of critical underground
resources such as recharge zones and high water tables. Such
study shall give priority to the assessment of groundwater
quality near hazardous waste facilities and shall include
recommendations on priorities for future studies and research
necessary to administer a groundwater protection program.
The Agency and the Department of Public Health and any other
State agency shall provide to the Department any information
relating to groundwater quality necessary to complete the
study. The Department shall complete its study by July 1,
1985 and shall report its findings to the Pollution Control
Board, the Agency, the General Assembly and the Governor.
(b) The Agency shall establish a Statewide groundwater
monitoring network. Such network shall include a sufficient
number of testing wells to assess the current levels of
contamination in the groundwaters of the State and to detect
any future degradation of groundwater resources. The
monitoring network shall give special emphasis to critical
groundwater areas and to locations near hazardous waste
disposal facilities. To the extent possible, the network
shall utilize existing publicly or privately operated
drinking water or monitoring wells.
(c) (Blank.) By January 1, 1986, the Agency shall
formulate a groundwater protection plan. Such plan shall
identify critical groundwaters that have been or are
particularly susceptible to contamination by hazardous
substances and probable sources of such contamination, and
shall recommend the steps to be taken to prevent the
degradation of the water quality of such areas. Such plan
may also recommend the establishment of a system of
classifying groundwaters based on their quality and use and
for the establishment of groundwater quality standards. The
Agency shall hold at least 3 public hearings, each at a
different location within the State, before finalizing the
plan. By January 1, 1986, the Agency shall report on its
plan to the Governor, the General Assembly and the Pollution
Control Board, along with recommendations for any
legislation, regulations or administrative changes necessary
to implement the groundwater protection plan.
(d) (Blank.) Following the completion of the groundwater
quality study and the groundwater protection plan, the
Pollution Control Board shall conduct public hearings on the
results and recommendations as provided in Title VII of this
Act. Upon conclusion of such hearings, the Board shall
publish its findings and conclusions on the areas covered by
the study and the plan and the testimony received.
(Source: P.A. 89-445, eff. 2-7-96.)
(415 ILCS 5/14.1) (from Ch. 111 1/2, par. 1014.1)
Sec. 14.1. Community water supply; minimum setback zone.
A minimum setback zone is established for the location of
each new community water supply well as follows:
(a) No new community water supply well may be located
within 200 feet of any potential primary or potential
secondary source or any potential route.
(b) No new community water supply well deriving water
from fractured or highly permeable bedrock or from an
unconsolidated and unconfined sand and gravel formation may
be located within 400 feet of any potential primary or
potential secondary source or any potential route. Such 400
foot setback is not applicable to any new community water
supply well where the potential primary or potential
secondary source is located within a site for which
certification is currently in effect pursuant to Section
14.5.
(c) Nothing in this Section shall affect any location
and construction requirement imposed in Section 6 of the
"Illinois Water Well Construction Code", approved August 20,
1965, as amended, and the regulations promulgated thereunder.
(d) For the purposes of this Section, a community water
supply well is "new" if it is constructed after September 24,
1987 the effective date of this Section.
(e) Nothing in this Section shall affect the minimum
distance requirements for new community water supply wells
relative to common sources of sanitary pollution as specified
by rules adopted under Section 17 of this Act.
(Source: P.A. 85-863.)
(415 ILCS 5/14.2) (from Ch. 111 1/2, par. 1014.2)
Sec. 14.2. New potential source or route; minimum setback
zone. A minimum setback zone is established for the location
of each new potential source or new potential route as
follows:
(a) Except as provided in subsections (b), (c) and (h)
of this Section, no new potential route or potential primary
source or potential secondary source may be placed within 200
feet of any existing or permitted community water supply well
or other potable water supply well.
(b) The owner of a new potential primary source or a
potential secondary source or a potential route may secure a
waiver from the requirement of subsection (a) of this Section
for a potable water supply well other than a community water
supply well. A written request for a waiver shall be made to
the owner of the water well and the Agency. Such request
shall identify the new or proposed potential source or
potential route, shall generally describe the possible effect
of such potential source or potential route upon the water
well and any applicable technology-based controls which will
be utilized to minimize the potential for contamination, and
shall state whether, and under what conditions, the requestor
will provide an alternative potable water supply. Waiver may
be granted by the owner of the water well no less than 90
days after receipt of the request unless prior to such time
the Agency notifies the well owner that it does not concur
with the request.
The Agency shall not concur with any such request which
fails to accurately describe reasonably foreseeable effects
of the potential source or potential route upon the water
well or any applicable technology-based controls. Such
notification by the Agency shall be in writing, and shall
include a statement of reasons for the nonconcurrence. Waiver
of the minimum setback zone established under subsection (a)
of this Section shall extinguish the water well owner's
rights under Section 6b of the Illinois Water Well
Construction Code but shall not preclude enforcement of any
law regarding water pollution. If the owner of the water
well has not granted a waiver within 120 days after receipt
of the request or the Agency has notified the owner that it
does not concur with the request, the owner of a potential
source or potential route may file a petition for an
exception with the Board and the Agency pursuant to
subsection (c) of this Section.
No waiver under this Section is required where the
potable water supply well is part of a private water system
as defined in the Illinois Groundwater Protection Act, and
the owner of such well will also be the owner of a new
potential secondary source or a potential route. In such
instances, a prohibition of 75 feet shall apply and the owner
shall notify the Agency of the intended action so that the
Agency may provide information regarding the potential
hazards associated with location of a potential secondary
source or potential route in close proximity to a potable
water supply well.
(c) The Board may grant an exception from the setback
requirements of this Section and subsection (e) of Section
14.3 to the owner of a new potential route, a new potential
primary source other than landfilling or land treating, or a
new potential secondary source. The owner seeking an
exception with respect to a community water supply well shall
file a petition with the Board and the Agency. The owner
seeking an exception with respect to a potable water supply
well other than a community water supply well shall file a
petition with the Board and the Agency, and set forth therein
the circumstances under which a waiver has been sought but
not obtained pursuant to subsection (b) of this Section. A
petition shall be accompanied by proof that the owner of each
potable water supply well for which setback requirements
would be affected by the requested exception has been
notified and been provided with a copy of the petition. A
petition shall set forth such facts as may be required to
support an exception, including a general description of the
potential impacts of such potential source or potential route
upon groundwaters and the affected water well, and an
explanation of the applicable technology-based controls which
will be utilized to minimize the potential for contamination
of the potable water supply well.
The Board shall grant an exception, whenever it is found
upon presentation of adequate proof, that compliance with the
setback requirements of this Section would pose an arbitrary
and unreasonable hardship upon the petitioner, that the
petitioner will utilize the best available technology
controls economically achievable to minimize the likelihood
of contamination of the potable water supply well, that the
maximum feasible alternative setback will be utilized, and
that the location of such potential source or potential route
will not constitute a significant hazard to the potable water
supply well.
Not later than January 1, 1988, The Board shall adopt
procedural rules governing requests for exceptions under this
subsection. The rulemaking provisions of Title VII of this
Act and of Section 5-35 of the Illinois Administrative
Procedure Act shall not apply to such rules. A decision made
by the Board pursuant to this subsection shall constitute a
final determination.
The granting of an exception by the Board shall not
extinguish the water well owner's rights under Section 6b of
the Illinois Water Well Construction Code in instances where
the owner has elected not to provide a waiver pursuant to
subsection (b) of this Section.
(d) Except as provided in subsections (c) and (h) of
this Section and Section 14.5, no new potential route or
potential primary source or potential secondary source may be
placed within 400 feet of any existing or permitted community
water supply well deriving water from an unconfined shallow
fractured or highly permeable bedrock formation or from an
unconsolidated and unconfined sand and gravel formation. The
Agency shall notify, not later than January 1, 1988, the
owner and operator of each existing well which is afforded
this setback protection and shall maintain a directory of all
community water supply wells to which the 400 foot minimum
setback zone applies.
(e) The minimum setback zones established under
subsections (a) and (b) of this Section shall not apply to
new common sources of sanitary pollution as specified
pursuant to Section 17 and the regulations adopted thereunder
by the Agency; however, no such common sources may be located
within the applicable minimum distance from a community water
supply well specified by such regulations.
(f) Nothing in this Section shall be construed as
limiting the power of any county or municipality to adopt
ordinances which are consistent with but not more stringent
than the prohibitions herein.
(g) Nothing in this Section shall preclude any
arrangement under which the owner or operator of a new source
or route does the following:
(1) purchases an existing water supply well and
attendant property with the intent of eventually
abandoning or totally removing the well;
(2) replaces an existing water supply well with a
new water supply of substantially equivalent quality and
quantity as a precondition to locating or constructing
such source or route;
(3) implements any other arrangement which is
mutually agreeable with the owner of a water supply well;
or
(4) modifies the on-site storage capacity at an
agrichemical facility such that the volume of pesticide
storage does not exceed 125% of the available capacity in
existence on April 1, 1990, or the volume of fertilizer
storage does not exceed 150% of the available capacity in
existence on April 1, 1990; provided that a written
endorsement for an agrichemical facility permit is in
effect under Section 39.4 of this Act and the maximum
feasible setback is maintained. This on-site storage
capacity includes mini-bulk pesticides, package
agrichemical storage areas, liquid or dry fertilizers,
and liquid or dry pesticides.
(h) A new potential route, which is an excavation for
stone, sand or gravel and which becomes active on lands which
were acquired or were being held as mineral reserves prior to
September 24, 1987, shall only be subject to the setback
requirements of subsections (a) and (d) of this Section with
respect to any community water supply well, non-community
water system well, or semi-private water system well in
existence prior to January 1, 1988.
(Source: P.A. 90-14, eff. 7-1-97.)
(415 ILCS 5/14.3) (from Ch. 111 1/2, par. 1014.3)
Sec. 14.3. Community water supply; maximum setback zone.
A maximum setback zone may be established for a community
water supply well as follows:
(a) Owners of community water supplies which utilize any
water well, or any county or municipality served by any
community water supply well, may determine the lateral area
of influence of the well under normal operational conditions.
The Agency shall adopt procedures by which such
determinations may be made including, where appropriate,
pumping tests and estimation techniques.
(b) Where the results of any determination made pursuant
to subsection (a) of this Section disclose that the distance
from the well to the outermost boundary of the lateral area
of influence of the well under normal operational conditions
exceeds the radius of the minimum setback zone established
for that well pursuant to Section 14.2, any county or
municipality served by such water supply may in writing
request the Agency to review and confirm the technical
adequacy of such determination. The Agency shall, within 90
days of the request, notify the county or municipality
whether the determination is technically adequate for
describing the outer boundary of drawdown of the affected
groundwater by the well under normal operational conditions.
Any action by the Agency hereunder shall be in writing and
shall constitute a final determination of the Agency.
(c) Upon receipt of Agency confirmation of the technical
adequacy of such determination, the county or municipality
may, after notice and opportunity for comment, adopt an
ordinance setting forth the location of each affected well
and specifying the boundaries of a maximum setback zone,
which boundaries may be irregular. In no event, however,
shall any portion of such a boundary be in excess of 1,000
feet from the wellhead, except as provided by subsection (f)
of this Section. Such ordinance shall include the area
within the applicable minimum setback zone and shall
incorporate requirements which are consistent with but not
more stringent than the prohibitions of this Act and the
regulations promulgated by the Board under Section 14.4,
except as provided by subsection (f) of this Section. Upon
adoption, the county or municipality shall provide a copy of
the ordinance to the Agency. Any county or municipality
which fails to adopt such an ordinance within 2 years of
receipt of Agency confirmation of technical adequacy may not
proceed under the authority of this Section without obtaining
a new confirmation of the technical adequacy pursuant to
subsection (b) of this Section.
(d) After July 1, 1989, and upon written notice to the
county or municipality, the Agency may propose to the Board a
regulation establishing a maximum setback zone for any well
subject to this Section. Such proposal shall be based upon
all reasonably available hydrogeologic information, include
the justification for expanding the zone of wellhead
protection, and specify the boundaries of such zone, no
portion of which boundaries shall be in excess of 1,000 feet
from the wellhead. Such justification may include the need
to protect a sole source of public water supply or a highly
vulnerable source of groundwater, or an Agency finding that
the presence of potential primary or potential secondary
sources or potential routes represents a significant hazard
to the public health or the environment. The Agency may
proceed with the filing of such a proposal unless the county
or municipality, within 30 days of the receipt of the written
notice, files a written request for a conference with the
Agency. Upon receipt of such a request, the Agency shall
schedule a conference to be held within 90 days thereafter.
At the conference, the Agency shall inform the county or
municipality regarding the proposal. Within 30 days after
the conference, the affected unit of local government may
provide written notice to the Agency of its intent to
establish a maximum setback zone in lieu of the Agency acting
on a proposal. Upon receipt of such a notice of intent, the
Agency may not file a proposal with the Board for a period of
6 months. Rulemaking proceedings initiated by the Agency
under this subsection shall be conducted by the Board
pursuant to Title VII of this Act, except that subsection (b)
of Section 27 shall not apply.
Nothing in this Section shall be construed as limiting
the general authority of the Board to promulgate regulations
pursuant to Title VII of this Act. Nothing in this
subsection shall limit the right of any person to participate
in rulemaking proceedings conducted by the Board under this
subsection.
(e) Except as provided in subsection (c) of Section
14.2, no new potential primary source shall be placed within
the maximum setback zone established for any community water
supply well pursuant to subsection (c) or (d) of this
Section. Nothing in this subsection shall be construed as
limiting the power of any county or municipality to adopt
ordinances which are consistent with but not more stringent
than the prohibition as stated herein.
(f) If an active community water supply well is
withdrawing groundwater from within the alluvial deposits and
is located within 1000 feet of public waters, the boundaries
of a maximum setback zone adopted by ordinance pursuant to
subsection (c) may be established to a distance of 2,500 feet
from the wellhead. No new potential route shall be placed,
operated or utilized within the maximum setback zone
established for any community water supply well pursuant to
this subsection. Restrictions provided in subsection (e)
shall not be applied beyond 1,000 feet from the wellhead for
maximum setback zones adopted pursuant to this subsection.
An ordinance which creates a maximum setback zone as
described by this subsection shall also be consistent with
subsections (a), (b) and (c) of this Section, including
incorporation of requirements which are consistent with but
no more stringent than the prohibitions of this amendatory
Act of 1989. For purposes of this subsection, the term
"public waters" means public waters as defined in Section 18
of the Rivers, Lakes, and Streams Act "An Act in relation to
the regulation of the rivers, lakes and streams of the State
of Illinois", approved June 10, 1911, as now or hereafter
amended.
(Source: P.A. 86-125.)
(415 ILCS 5/14.4) (from Ch. 111 1/2, par. 1014.4)
Sec. 14.4. Groundwater rules.
(a) No later than January 1, 1989, the Agency, after
consultation with the Interagency Coordinating Committee on
Groundwater and the Groundwater Advisory Council, shall
propose regulations to the Board prescribing standards and
requirements for the following activities:
(1) landfilling, land treating, surface impounding
or piling of special waste and other wastes which could
cause contamination of groundwater and which are
generated on the site, other than hazardous, livestock
and landscape waste, and construction and demolition
debris;
(2) storage of special waste in an underground
storage tank for which federal regulatory requirements
for the protection of groundwater are not applicable;
(3) storage and related handling of pesticides and
fertilizers at a facility for the purpose of commercial
application;
(4) storage and related handling of road oils and
de-icing agents at a central location; and
(5) storage and related handling of pesticides and
fertilizers at a central location for the purpose of
distribution to retail sales outlets.
In preparing such regulation, the Agency shall provide as
it deems necessary for more stringent provisions for those
activities enumerated in this subsection which are not
already in existence. Any activity for which such standards
and requirements are proposed may be referred to as a new
activity. For the purposes of this Section, the term
"commercial application" shall not include the use of
pesticides or fertilizers in a manner incidental to the
primary business activity.
(b) No later than October 1, 1993, the Board shall
promulgate appropriate regulations for existing activities.
In promulgating these regulations, the Board shall, in
addition to the factors set forth in Title VII of this Act,
consider the following:
(1) appropriate programs for water quality
monitoring;
(2) reporting, recordkeeping and remedial response
measures;
(3) appropriate technology-based measures for
pollution control; and
(4) requirements for closure or discontinuance of
operations.
Such regulations as are promulgated pursuant to this
subsection shall be for the express purpose of protecting
groundwaters. The applicability of such regulations shall be
limited to any existing activity which is located:
(A) within a setback zone regulated by this Act,
other than an activity located on the same site as a
non-community water system well and for which the owner
is the same for both the activity and the well; or
(B) within a regulated recharge area as delineated
by Board regulation, provided that:
(i) the boundary of the lateral area of
influence of a community water supply well located
within the recharge area includes such activity
therein;
(ii) the distance from the wellhead of the
community water supply to the activity does not
exceed 2500 feet; and
(iii) the community water supply well was in
existence prior to January 1, 1988.
In addition, the Board shall ensure that the promulgated
regulations are consistent with and not pre-emptive of the
certification system provided by Section 14.5. Pursuant to
this amendatory Act of 1992, The Board shall modify the
regulations adopted under this subsection to provide an
exception for existing activities subject to Section 14.6.
In taking this action, the Board shall proceed in an
expeditious manner to prevent affected activities from being
in noncompliance on or after January 1, 1993.
(c) Concurrently with the action mandated by subsection
(a), the Agency shall evaluate, with respect to the
protection of groundwater, the adequacy of existing federal
and State regulations regarding the disposal of hazardous
waste and the offsite disposal of special and municipal
wastes. The Agency shall then propose, as it deems
necessary, additional regulations for such new disposal
activities as may be necessary to achieve a level of
groundwater protection that is consistent with the
regulations proposed under subsection (a) of this Section.
(d) Following receipt of proposed regulations submitted
by the Agency pursuant to subsection (a) of this Section, the
Board shall promulgate appropriate regulations for new
activities. In promulgating these regulations, the Board
shall, in addition to the factors set forth in Title VII of
this Act, consider the following:
(1) appropriate programs for water quality
monitoring, including, where appropriate, notification
limitations to trigger preventive response activities;
(2) design practices and technology-based measures
appropriate for minimizing the potential for groundwater
contamination;
(3) reporting, recordkeeping and remedial response
measures; and
(4) requirements for closure or discontinuance of
operations.
Such regulations as are promulgated pursuant to this
subsection shall be for the express purpose of protecting
groundwaters. The applicability of such regulations shall be
limited to any new activity which is to be located within a
setback zone regulated by this Act, or which is to be located
within a regulated recharge area as delineated by Board
regulation. In addition, the Board shall ensure that the
promulgated regulations are consistent with and not
pre-emptive of the certification system provided by Section
14.5. Pursuant to this amendatory Act of 1992, The Board
shall modify the regulations adopted under this subsection to
provide an exception for new activities subject to Section
14.6. In taking this action, the Board shall proceed in an
expeditious manner to prevent affected activities from being
in noncompliance on or after January 1, 1993.
(e) Nothing in this Section shall be construed as
prohibiting any person for whom regulations are promulgated
by the Board pursuant to subsection (b) or (c) of this
Section, from proposing and obtaining, concurrently with the
regulations proposed by the Agency pursuant to subsection (a)
of this Section, a rule specific to individual persons or
sites pursuant to Title VII of this Act which codifies
alternative groundwater protection methods that provide
substantially equivalent protection for community water
supplies.
(f) Nothing in this Section shall be construed as
limiting the power of any county or municipality to adopt
ordinances, which are consistent with but not more stringent
than the regulations adopted by the Board pursuant to this
Section, for application of standards and requirements within
such setback zones as are provided by this Act.
(g) The Agency shall prepare a groundwater protection
regulatory agenda for submittal to the Interagency
Coordinating Committee on Groundwater and the Groundwater
Advisory Council. In preparing this agenda, the Agency shall
consider situations where gaps may exist in federal or State
regulatory protection for groundwater, or where further
refinements could be necessary to achieve adequate protection
of groundwater.
(h) Nothing in this Section shall be construed as
limiting the general authority of the Board to promulgate
regulations pursuant to Title VII of this Act.
(i) The Board's rulemaking with respect to subsection
(a)(3) of this Section shall take into account the relevant
aspects of the Department of Agriculture's Part 255
regulations which specify containment rules for agrichemical
facilities.
(Source: P.A. 87-1108.)
(415 ILCS 5/14.6) (from Ch. 111 1/2, par. 1014.6)
Sec. 14.6. Agrichemical facilities.
(a) Notwithstanding the provisions of Section 14.4,
groundwater protection for storage and related handling of
pesticides and fertilizers at a facility for the purpose of
commercial application or at a central location for the
purpose of distribution to retail sales outlets may be
provided by adherence to the provisions of this Section. For
any such activity to be subject to this Section, the
following action must be taken by an owner or operator:
(1) with respect to agrichemical facilities, as
defined by the Illinois Pesticide Act, the Illinois
Fertilizer Act and regulations adopted thereunder, file a
written notice of intent to be subject to the provisions
of this Section with the Department of Agriculture by
January 1, 1993, or within 6 months after the date on
which a maximum setback zone is established or a
regulated recharge area regulation is adopted that
affects such a facility;
(2) with respect to lawn care facilities that are
subject to the containment area provisions of the Lawn
Care Products Application and Notice Act and its
regulations, file a written notice of intent to be
subject to the provisions of this Section with the
Department of Agriculture by January 1, 1993, or within 6
months after the date on which a maximum setback zone is
established or a regulated recharge area regulation is
adopted that affects such a facility;
(3) with respect to a central distribution location
that is not an agrichemical facility, certify intent to
be subject to the provisions of this Section on the
appropriate license or renewal application form submitted
to the Department of Agriculture; or
(4) with respect to any other affected facility,
certify intent to be subject to the provisions of this
Section on the appropriate renewal application forms
submitted to the Department of Agriculture or other
appropriate agency.
An owner or operator of a facility that takes the action
described in this subsection shall be subject to the
provisions of this Section and shall not be regulated under
the provisions of Section 14.4, except as provided in
subsection (d) of this Section and unless a regulatory
program is not in effect by January 1, 1994, pursuant to
subsection (b) or (c) of this Section. The Department of
Agriculture or other appropriate agency shall provide copies
of the written notices and certifications to the Agency. For
the purposes of this subsection, the term "commercial
application" shall not include the use of pesticides or
fertilizers in a manner incidental to the primary business
activity.
(b) The Agency and Department of Agriculture shall
cooperatively develop a program for groundwater protection
for designated facilities or sites consistent with the
activities specified in subsection (a) of this Section. In
developing such a program, the Agency and the Department of
Agriculture shall consult with affected interests and take
into account relevant information. Based on such agreed
program, the Department of Agriculture shall adopt
appropriate regulatory requirements by January 1, 1994, for
the designated facilities or sites and administer a program.
At a minimum, the following considerations must be adequately
addressed as part of such program:
(1) a facility review process, using available
information when appropriate, to determine those sites
where groundwater monitoring will be implemented;
(2) requirements for groundwater quality monitoring
for sites identified under item (1);
(3) reporting, response, and operating practices
for the types of designated facilities; and
(4) requirements for closure or discontinuance of
operations.
(c) The Agency may enter into a written agreement with
any State agency to operate a cooperative program for
groundwater protection for designated facilities or sites
consistent with the activities specified in subparagraph (4)
of subsection (a) of this Section. Such State agency shall
adopt appropriate regulatory requirements for the designated
facilities or sites and necessary procedures and practices to
administer the program.
(d) The Agency shall ensure that any facility that is
subject to this Section is in compliance with applicable
provisions as specified in subsection (b) or (c) of this
Section. To fulfill this responsibility, the Agency may rely
on information provided by another State agency or other
information that is obtained on a direct basis. If a facility
is not in compliance with the applicable provisions, or a
deficiency in the execution of a program affects such a
facility, the Agency may so notify the facility of this
condition and shall provide 30 days for a written response to
be filed. The response may describe any actions taken by the
owner which relate to the condition of noncompliance. If the
response is deficient or untimely, the Agency shall serve
notice upon the owner that the facility is subject to the
applicable provisions of Section 14.4 of this Act and
regulations adopted thereunder.
(e) (Blank.) After January 1, 1993, and before January
1, 1994, an owner or operator of a facility that is subject
to the provisions of this Section may withdraw the notice
given under subsection (a) of this Section by filing a
written withdrawal statement with the Department of
Agriculture. Within 45 days after such filing and after
consultation with the Agency, the Department of Agriculture
shall provide written confirmation to the owner or operator
that the facility is no longer subject to the provisions of
this Section and must comply with the applicable provisions
of Section 14.4 within 90 days after receipt of the
confirmation. The Department of Agriculture shall provide
copies of the written confirmations to the Agency.
(f) After January 1, 1994, and before one year after the
date on which a maximum setback zone is established or a
regulated recharge area regulation is adopted that affects a
facility subject to the provisions of this Section, an owner
or operator of such a facility may withdraw the notice given
under subsection (a) of this Section by filing a written
withdrawal statement with the Department of Agriculture.
Within 45 days after such filing and after consultation with
the Agency, the Department of Agriculture shall provide
written confirmation to the owner or operator that the
facility is no longer subject to the provisions of this
Section and must comply with the applicable provisions of
Section 14.4 within 90 days after receipt of the
confirmation. The Department of Agriculture shall provide
copies of the written confirmations to the Agency.
(g) On or after August 11, the effective date of this
amendatory Act of 1994, an owner or operator of an
agrichemical facility that is subject to the provisions of
Section 14.4 and regulations adopted thereunder solely
because of the presence of an on-site potable water supply
well that is not a non-community water supply may file a
written notice with the Department of Agriculture by January
1, 1995 declaring the facility to be subject to the
provisions of this Section. When that action is taken, the
regulatory requirements of subsection (b) of this Section
shall be applicable beginning January 1, 1995. During the
period from January 1, 1993 through December 31, 1994, any
facility described in this subsection shall not be subject to
regulation under Section 14.4 of this Act. Beginning on
January 1, 1995, such facilities shall be subject to either
Section 14.4 or this Section depending on the action taken
under this subsection. An owner or operator of an
agrichemical facility that is subject to this Section because
a written notice was filed under this subsection shall do all
of the following:
(1) File a facility review report with the
Department of Agriculture on or before February 28, 1995
consistent with the regulatory requirements of subsection
(b) of this Section.
(2) Implement an approved monitoring program within
120 days of receipt of the Department of Agriculture's
determination or a notice to proceed from the Department
of Agriculture. The monitoring program shall be
consistent with the requirements of subsection (b) of
this Section.
(3) Implement applicable operational and management
practice requirements and submit a permit application or
modification to meet applicable structural provisions
consistent with those in subsection (b) of this Section
on or before July 1, 1995 and complete construction of
applicable structural requirements on or before January
1, 1996.
Notwithstanding the provisions of this subsection, an owner
or operator of an agrichemical facility that is subject to
the provisions of Section 14.4 and regulations adopted
thereunder solely because of the presence of an on-site
private potable water supply well may file a written notice
with the Department of Agriculture before January 1, 1995
requesting a release from the provisions of Section 14.4 and
this Section. Upon receipt of a request for release, the
Department of Agriculture shall conduct a site visit to
confirm the private potable use of the on-site well. If
private potable use is confirmed, the Department shall
provide written notice to the owner or operator of the
agrichemical facility that the facility is released from
compliance with the provisions of Section 14.4 and this
Section. If private potable use is not confirmed, the
Department of Agriculture shall provide written notice to the
owner or operator that a release cannot be given. No action
in this subsection shall be precluded by the on-site
non-potable use of water from an on-site private potable
water supply well.
(Source: P.A. 92-113, eff. 7-20-01.)
(415 ILCS 5/17) (from Ch. 111 1/2, par. 1017)
Sec. 17. Rules; chlorination requirements.
(a) The Board may adopt regulations governing the
location, design, construction, and continuous operation and
maintenance of public water supply installations, changes or
additions which may affect the continuous sanitary quality,
mineral quality, or adequacy of the public water supply,
pursuant to Title VII of this Act.
(b) The Agency shall exempt from any mandatory
chlorination requirement of the Board any community water
supply which meets all of the following conditions:
(1) The population of the community served is not more
than 5,000;
(2) Has as its only source of raw water one or more
properly constructed wells into confined geologic formations
not subject to contamination;
(3) Has no history of persistent or recurring
contamination, as indicated by sampling results which show
violations of finished water quality requirements, for the
most recent five-year period;
(4) Does not provide any raw water treatment other than
fluoridation;
(5) Has an active program approved by the Agency to
educate water supply consumers on preventing the entry of
contaminants into the water system;
(6) Has a certified operator of the proper class, or if
it is an exempt community public water supply, has a
registered person responsible in charge of operation of the
public water supply;
(7) Submits samples for microbiological analysis at
twice the frequency specified in the Board regulations; and
(8) A unit of local government seeking to exempt its
public water supply from the chlorination requirement under
this subsection (b) on or after September 9, the effective
date of this amendatory Act of 1983 shall be required to
receive the approval of the voters of such local government.
The proposition to exempt the community water supply from the
mandatory chlorination requirement shall be placed on the
ballot if the governing body of the local government adopts
an ordinance or resolution directing the clerk of the local
government to place such question on the ballot. The clerk
shall cause the election officials to place the proposition
on the ballot at the next election at which such proposition
may be voted upon if a certified copy of the adopted
ordinance or resolution is filed in his office at least 90
days before such election. The proposition shall also be
placed on the ballot if a petition containing the signatures
of at least 10% of the eligible voters residing in the local
government is filed with the clerk at least 90 days before
the next election at which the proposition may be voted upon.
The proposition shall be in substantially the following form:
-------------------------------------------------------------
Shall the community
water supply of ..... (specify YES
the unit of local government)
be exempt from the mandatory -----------------------------
chlorination requirement NO
of the State of Illinois?
-------------------------------------------------------------
If the majority of the voters of the local government
voting therein vote in favor of the proposition, the
community water supply of that local government shall be
exempt from the mandatory chlorination requirement, provided
that the other requirements under this subsection (b) are
met. If the majority of the vote is against such
proposition, the community water supply may not be exempt
from the mandatory chlorination requirement.
Agency decisions regarding exemptions under this
subsection may be appealed to the Board pursuant to the
provisions of Section 40(a) of this Act.
(c) Any supply showing contamination in its distribution
system (including finished water storage) may be required to
chlorinate until the Agency has determined that the source of
contamination has been removed and all traces of
contamination in the distribution system have been
eliminated. Standby chlorination equipment may be required
by the Agency if a supply otherwise exempt from chlorination
shows frequent or gross episodes of contamination.
(Source: P.A. 83-273.)
(415 ILCS 5/19.10)
Sec. 19.10. Re-enactment of Title IV-A; findings;
purpose; validation.
(a) The General Assembly finds and declares that:
(1) Title IV-A (consisting of Sections 19.1 through
19.9) was first added to the Environmental Protection Act
by Article III of Public Act 85-1135, effective September
1, 1988. In its original form, Title IV-A created the
Water Pollution Control Revolving Fund and authorized the
Illinois Environmental Protection Agency to establish a
program for providing units of local government with
low-cost loans to be used to construct wastewater
treatment works. The loans are paid from the Revolving
Fund, which consists primarily of a combination of
federal grant money, State matching money, and money that
has been repaid on past loans.
(2) In 1995, Title IV-A was amended by Public Act
89-27, effective January 1, 1997, which created the Loan
Support Program and made other changes. The Loan Support
Program provides financing for certain administrative
costs of the Agency. It specifically includes the costs
of developing a loan program for public water supply
projects.
(3) Title IV-A was amended by Public Act 90-121,
effective July 17, 1997, which changed the name of the
Water Pollution Control Revolving Fund to the Water
Revolving Fund and created the Public Water Supply Loan
Program. Under this program, the Agency is authorized to
make low-interest loans to units of local government for
the construction of public water supply facilities.
(4) Title IV-A has also been amended by Public Act
86-671, effective September 1, 1989; P.A. 86-820,
effective September 7, 1989; and P.A. 90-372, effective
July 1, 1998.
(5) Article III, Section 6, of Public Act 85-1135
amended the Build Illinois Bond Act. Among other changes
to that Act, P.A. 85-1135 authorized the deposit of up to
$70,000,000 into the Water Pollution Control Revolving
Fund to be used for the Title IV-A loan program.
(6) Article III of Public Act 85-1135 also added
Section 5.237 to the State Finance Act. This Section
added the Water Pollution Control Revolving Fund to the
list of special funds in the State Treasury. The Section
was renumbered as Section 5.238 by a revisory bill,
Public Act 85-1440, effective February 1, 1989. Although
the name of the Fund was changed by Public Act 90-121,
that Act did not make the corresponding change in Section
5.238.
(7) Over the 10 years that it has administered
Title IV-A programs, the Agency has entered into loan
agreements with hundreds of units of local government and
provided hundreds of millions of dollars of financial
assistance for water pollution control projects. There
are currently many active Title IV-A loans in the
disbursement phase and many more that are in the process
of being repaid. The Agency continues to receive many
new applications each year.
(8) Public Act 85-1135, which created Title IV-A,
also contained provisions relating to tax reform and
State bonds.
(9) On August 26, 1998, the Cook County Circuit
Court entered an order in the case of Oak Park Arms
Associates v. Whitley (No. 92 L 51045), in which it found
that Public Act 85-1135 violates the single subject
clause of the Illinois Constitution (Article IV, Section
8(d)). As of the time this amendatory Act of 1999 was
prepared, the order declaring P.A. 85-1135 invalid has
been vacated but the case is subject to appeal.
(10) The projects funded under Title IV-A affect
the vital areas of wastewater and sewage disposal and
drinking water supply and are important for the continued
health, safety, and welfare of the people of this State.
(b) It is the purpose of this amendatory Act of 1999
(Public Act 91-52) to prevent or minimize any disruption to
the programs administered under Title IV-A that may result
from challenges to the constitutional validity of Public Act
85-1135.
(c) This amendatory Act of 1999 (P.A. 91-52) re-enacts
Title IV-A of the Environmental Protection Act as it has been
amended. This re-enactment is intended to ensure the
continuation of the programs administered under that Title
and, if necessary, to recreate them. The material in
Sections 19.1 through 19.9 is shown as existing text (i.e.,
without underscoring) because, as of the time this amendatory
Act of 1999 was prepared, the order declaring P.A. 85-1135
invalid has been vacated. Section 19.7 has been omitted
because it was repealed by Public Act 90-372, effective July
1, 1998.
Section 4.1 is added to the Build Illinois Bond Act to
re-authorize the deposit of funds into the Water Pollution
Control Revolving Fund.
Section 5.238 of the State Finance Act is both re-enacted
and amended to reflect the current name of the Water
Revolving Fund.
(d) The re-enactment of Title IV-A of the Environmental
Protection Act by this amendatory Act of 1999 (P.A. 91-52) is
intended to remove any question as to the validity or content
of Title IV-A; it is not intended to supersede any other
Public Act that amends the text of a Section as set forth in
this amendatory Act. This re-enactment is not intended, and
shall not be construed, to imply that Public Act 85-1135 is
invalid or to limit or impair any legal argument concerning
(1) whether the Agency has express or implied authority to
administer loan programs in the absence of Title IV-A, or (2)
whether the provisions of Title IV-A were substantially
re-enacted by P.A. 89-27 or 90-121.
(e) All otherwise lawful actions taken before June 30,
1999 (the effective date of P.A. 91-52) this amendatory Act
of 1999 by any employee, officer, agency, or unit of State or
local government or by any other person or entity, acting in
reliance on or pursuant to Title IV-A of the Environmental
Protection Act, as set forth in Public Act 85-1135 or as
subsequently amended, are hereby validated.
(f) All otherwise lawful obligations arising out of loan
agreements entered into before June 30, 1999 (the effective
date of P.A. 91-52) this amendatory Act of 1999 by the State
or by any employee, officer, agency, or unit of State or
local government, acting in reliance on or pursuant to Title
IV-A of the Environmental Protection Act, as set forth in
Public Act 85-1135 or as subsequently amended, are hereby
validated and affirmed.
(g) All otherwise lawful deposits into the Water
Pollution Control Revolving Fund made before June 30, 1999
(the effective date of P.A. 91-52) this amendatory Act of
1999 in accordance with Section 4 of the Build Illinois Bond
Act, as set forth in Public Act 85-1135 or as subsequently
amended, and the use of those deposits for the purposes of
Title IV-A of the Environmental Protection Act, are hereby
validated.
(h) This amendatory Act of 1999 (P.A. 91-52) applies,
without limitation, to actions pending on or after the
effective date of this amendatory Act.
(Source: P.A. 91-52, eff. 6-30-99.)
(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
Sec. 21. Prohibited acts. No person shall:
(a) Cause or allow the open dumping of any waste.
(b) Abandon, dump, or deposit any waste upon the public
highways or other public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(c) Abandon any vehicle in violation of the "Abandoned
Vehicles Amendment to the Illinois Vehicle Code", as enacted
by the 76th General Assembly.
(d) Conduct any waste-storage, waste-treatment, or
waste-disposal operation:
(1) without a permit granted by the Agency or in
violation of any conditions imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; provided,
however, that, except for municipal solid waste landfill
units that receive waste on or after October 9, 1993, no
permit shall be required for (i) any person conducting a
waste-storage, waste-treatment, or waste-disposal
operation for wastes generated by such person's own
activities which are stored, treated, or disposed within
the site where such wastes are generated, or (ii) a
facility located in a county with a population over
700,000, operated and located in accordance with Section
22.38 of this Act, and used exclusively for the transfer,
storage, or treatment of general construction or
demolition debris;
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) which receives waste after August 31, 1988,
does not have a permit issued by the Agency, and is (i) a
landfill used exclusively for the disposal of waste
generated at the site, (ii) a surface impoundment
receiving special waste not listed in an NPDES permit,
(iii) a waste pile in which the total volume of waste is
greater than 100 cubic yards or the waste is stored for
over one year, or (iv) a land treatment facility
receiving special waste generated at the site; without
giving notice of the operation to the Agency by January
1, 1989, or 30 days after the date on which the operation
commences, whichever is later, and every 3 years
thereafter. The form for such notification shall be
specified by the Agency, and shall be limited to
information regarding: the name and address of the
location of the operation; the type of operation; the
types and amounts of waste stored, treated or disposed of
on an annual basis; the remaining capacity of the
operation; and the remaining expected life of the
operation.
Item (3) of this subsection (d) shall not apply to any
person engaged in agricultural activity who is disposing of a
substance that constitutes solid waste, if the substance was
acquired for use by that person on his own property, and the
substance is disposed of on his own property in accordance
with regulations or standards adopted by the Board.
This subsection (d) shall not apply to hazardous waste.
(e) Dispose, treat, store or abandon any waste, or
transport any waste into this State for disposal, treatment,
storage or abandonment, except at a site or facility which
meets the requirements of this Act and of regulations and
standards thereunder.
(f) Conduct any hazardous waste-storage, hazardous
waste-treatment or hazardous waste-disposal operation:
(1) without a RCRA permit for the site issued by
the Agency under subsection (d) of Section 39 of this
Act, or in violation of any condition imposed by such
permit, including periodic reports and full access to
adequate records and the inspection of facilities, as may
be necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; or
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) in violation of any RCRA permit filing
requirement established under standards adopted by the
Board under this Act; or
(4) in violation of any order adopted by the Board
under this Act.
Notwithstanding the above, no RCRA permit shall be
required under this subsection or subsection (d) of Section
39 of this Act for any person engaged in agricultural
activity who is disposing of a substance which has been
identified as a hazardous waste, and which has been
designated by Board regulations as being subject to this
exception, if the substance was acquired for use by that
person on his own property and the substance is disposed of
on his own property in accordance with regulations or
standards adopted by the Board.
(g) Conduct any hazardous waste-transportation
operation:
(1) without registering with and obtaining a permit
from the Agency in accordance with the Uniform Program
implemented under subsection (l-5) of Section 22.2; or
(2) in violation of any regulations or standards
adopted by the Board under this Act.
(h) Conduct any hazardous waste-recycling or hazardous
waste-reclamation or hazardous waste-reuse operation in
violation of any regulations, standards or permit
requirements adopted by the Board under this Act.
(i) Conduct any process or engage in any act which
produces hazardous waste in violation of any regulations or
standards adopted by the Board under subsections (a) and (c)
of Section 22.4 of this Act.
(j) Conduct any special waste transportation operation
in violation of any regulations, standards or permit
requirements adopted by the Board under this Act. However,
sludge from a water or sewage treatment plant owned and
operated by a unit of local government which (1) is subject
to a sludge management plan approved by the Agency or a
permit granted by the Agency, and (2) has been tested and
determined not to be a hazardous waste as required by
applicable State and federal laws and regulations, may be
transported in this State without a special waste hauling
permit, and the preparation and carrying of a manifest shall
not be required for such sludge under the rules of the
Pollution Control Board. The unit of local government which
operates the treatment plant producing such sludge shall file
a semiannual report with the Agency identifying the volume of
such sludge transported during the reporting period, the
hauler of the sludge, and the disposal sites to which it was
transported. This subsection (j) shall not apply to hazardous
waste.
(k) Fail or refuse to pay any fee imposed under this
Act.
(l) Locate a hazardous waste disposal site above an
active or inactive shaft or tunneled mine or within 2 miles
of an active fault in the earth's crust. In counties of
population less than 225,000 no hazardous waste disposal site
shall be located (1) within 1 1/2 miles of the corporate
limits as defined on June 30, 1978, of any municipality
without the approval of the governing body of the
municipality in an official action; or (2) within 1000 feet
of an existing private well or the existing source of a
public water supply measured from the boundary of the actual
active permitted site and excluding existing private wells on
the property of the permit applicant. The provisions of this
subsection do not apply to publicly-owned sewage works or the
disposal or utilization of sludge from publicly-owned sewage
works.
(m) Transfer interest in any land which has been used as
a hazardous waste disposal site without written notification
to the Agency of the transfer and to the transferee of the
conditions imposed by the Agency upon its use under
subsection (g) of Section 39.
(n) Use any land which has been used as a hazardous
waste disposal site except in compliance with conditions
imposed by the Agency under subsection (g) of Section 39.
(o) Conduct a sanitary landfill operation which is
required to have a permit under subsection (d) of this
Section, in a manner which results in any of the following
conditions:
(1) refuse in standing or flowing waters;
(2) leachate flows entering waters of the State;
(3) leachate flows exiting the landfill confines
(as determined by the boundaries established for the
landfill by a permit issued by the Agency);
(4) open burning of refuse in violation of Section
9 of this Act;
(5) uncovered refuse remaining from any previous
operating day or at the conclusion of any operating day,
unless authorized by permit;
(6) failure to provide final cover within time
limits established by Board regulations;
(7) acceptance of wastes without necessary permits;
(8) scavenging as defined by Board regulations;
(9) deposition of refuse in any unpermitted portion
of the landfill;
(10) acceptance of a special waste without a
required manifest;
(11) failure to submit reports required by permits
or Board regulations;
(12) failure to collect and contain litter from the
site by the end of each operating day;
(13) failure to submit any cost estimate for the
site or any performance bond or other security for the
site as required by this Act or Board rules.
The prohibitions specified in this subsection (o) shall
be enforceable by the Agency either by administrative
citation under Section 31.1 of this Act or as otherwise
provided by this Act. The specific prohibitions in this
subsection do not limit the power of the Board to establish
regulations or standards applicable to sanitary landfills.
(p) In violation of subdivision (a) of this Section,
cause or allow the open dumping of any waste in a manner
which results in any of the following occurrences at the dump
site:
(1) litter;
(2) scavenging;
(3) open burning;
(4) deposition of waste in standing or flowing
waters;
(5) proliferation of disease vectors;
(6) standing or flowing liquid discharge from the
dump site;
(7) deposition of:
(i) general construction or demolition debris
as defined in Section 3.160(a) 3.78 of this Act; or
(ii) clean construction or demolition debris
as defined in Section 3.160(b) 3.78a of this Act.
The prohibitions specified in this subsection (p) shall
be enforceable by the Agency either by administrative
citation under Section 31.1 of this Act or as otherwise
provided by this Act. The specific prohibitions in this
subsection do not limit the power of the Board to establish
regulations or standards applicable to open dumping.
(q) Conduct a landscape waste composting operation
without an Agency permit, provided, however, that no permit
shall be required for any person:
(1) conducting a landscape waste composting
operation for landscape wastes generated by such person's
own activities which are stored, treated or disposed of
within the site where such wastes are generated; or
(2) applying landscape waste or composted landscape
waste at agronomic rates; or
(3) operating a landscape waste composting facility
on a farm, if the facility meets all of the following
criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material
is utilized, and the composting facility constitutes
no more than 2% of the property's total acreage,
except that the Agency may allow a higher percentage
for individual sites where the owner or operator has
demonstrated to the Agency that the site's soil
characteristics or crop needs require a higher rate;
(B) the property on which the composting
facility is located, and any associated property on
which the compost is used, is principally and
diligently devoted to the production of agricultural
crops and is not owned, leased or otherwise
controlled by any waste hauler or generator of
nonagricultural compost materials, and the operator
of the composting facility is not an employee,
partner, shareholder, or in any way connected with
or controlled by any such waste hauler or generator;
(C) all compost generated by the composting
facility is applied at agronomic rates and used as
mulch, fertilizer or soil conditioner on land
actually farmed by the person operating the
composting facility, and the finished compost is not
stored at the composting site for a period longer
than 18 months prior to its application as mulch,
fertilizer, or soil conditioner;
(D) the owner or operator, by January 1, 1990
(or the January 1 following commencement of
operation, whichever is later) and January 1 of each
year thereafter, (i) registers the site with the
Agency, (ii) reports to the Agency on the volume of
composting material received and used at the site,
(iii) certifies to the Agency that the site complies
with the requirements set forth in subparagraphs
(A), (B) and (C) of this paragraph (q)(3), and (iv)
certifies to the Agency that all composting material
was placed more than 200 feet from the nearest
potable water supply well, was placed outside the
boundary of the 10-year floodplain or on a part of
the site that is floodproofed, was placed at least
1/4 mile from the nearest residence (other than a
residence located on the same property as the
facility) and there are not more than 10 occupied
non-farm residences within 1/2 mile of the
boundaries of the site on the date of application,
and was placed more than 5 feet above the water
table.
For the purposes of this subsection (q), "agronomic
rates" means the application of not more than 20 tons per
acre per year, except that the Agency may allow a higher rate
for individual sites where the owner or operator has
demonstrated to the Agency that the site's soil
characteristics or crop needs require a higher rate.
(r) Cause or allow the storage or disposal of coal
combustion waste unless:
(1) such waste is stored or disposed of at a site
or facility for which a permit has been obtained or is
not otherwise required under subsection (d) of this
Section; or
(2) such waste is stored or disposed of as a part
of the design and reclamation of a site or facility which
is an abandoned mine site in accordance with the
Abandoned Mined Lands and Water Reclamation Act; or
(3) such waste is stored or disposed of at a site
or facility which is operating under NPDES and Subtitle D
permits issued by the Agency pursuant to regulations
adopted by the Board for mine-related water pollution and
permits issued pursuant to the Federal Surface Mining
Control and Reclamation Act of 1977 (P.L. 95-87) or the
rules and regulations thereunder or any law or rule or
regulation adopted by the State of Illinois pursuant
thereto, and the owner or operator of the facility agrees
to accept the waste; and either
(i) such waste is stored or disposed of in
accordance with requirements applicable to refuse
disposal under regulations adopted by the Board for
mine-related water pollution and pursuant to NPDES
and Subtitle D permits issued by the Agency under
such regulations; or
(ii) the owner or operator of the facility
demonstrates all of the following to the Agency, and
the facility is operated in accordance with the
demonstration as approved by the Agency: (1) the
disposal area will be covered in a manner that will
support continuous vegetation, (2) the facility will
be adequately protected from wind and water erosion,
(3) the pH will be maintained so as to prevent
excessive leaching of metal ions, and (4) adequate
containment or other measures will be provided to
protect surface water and groundwater from
contamination at levels prohibited by this Act, the
Illinois Groundwater Protection Act, or regulations
adopted pursuant thereto.
Notwithstanding any other provision of this Title, the
disposal of coal combustion waste pursuant to item (2) or (3)
of this subdivision (r) shall be exempt from the other
provisions of this Title V, and notwithstanding the
provisions of Title X of this Act, the Agency is authorized
to grant experimental permits which include provision for the
disposal of wastes from the combustion of coal and other
materials pursuant to items (2) and (3) of this subdivision
(r).
(s) After April 1, 1989, offer for transportation,
transport, deliver, receive or accept special waste for which
a manifest is required, unless the manifest indicates that
the fee required under Section 22.8 of this Act has been
paid.
(t) Cause or allow a lateral expansion of a municipal
solid waste landfill unit on or after October 9, 1993,
without a permit modification, granted by the Agency, that
authorizes the lateral expansion.
(u) Conduct any vegetable by-product treatment, storage,
disposal or transportation operation in violation of any
regulation, standards or permit requirements adopted by the
Board under this Act. However, no permit shall be required
under this Title V for the land application of vegetable
by-products conducted pursuant to Agency permit issued under
Title III of this Act to the generator of the vegetable
by-products. In addition, vegetable by-products may be
transported in this State without a special waste hauling
permit, and without the preparation and carrying of a
manifest.
(v) (Blank).
(w) Conduct any generation, transportation, or recycling
of construction or demolition debris, clean or general, or
uncontaminated soil generated during construction,
remodeling, repair, and demolition of utilities, structures,
and roads that is not commingled with any waste, without the
maintenance of documentation identifying the hauler,
generator, place of origin of the debris or soil, the weight
or volume of the debris or soil, and the location, owner, and
operator of the facility where the debris or soil was
transferred, disposed, recycled, or treated. This
documentation must be maintained by the generator,
transporter, or recycler for 3 years. This subsection (w)
shall not apply to (1) a permitted pollution control facility
that transfers or accepts construction or demolition debris,
clean or general, or uncontaminated soil for final disposal,
recycling, or treatment, (2) a public utility (as that term
is defined in the Public Utilities Act) or a municipal
utility, or (3) the Illinois Department of Transportation;
but it shall apply to an entity that contracts with a public
utility, a municipal utility, or the Illinois Department of
Transportation. The terms "generation" and "recycling" as
used in this subsection do not apply to clean construction or
demolition debris when (i) used as fill material below grade
outside of a setback zone if covered by sufficient
uncontaminated soil to support vegetation within 30 days of
the completion of filling or if covered by a road or
structure, (ii) solely broken concrete without protruding
metal bars is used for erosion control, or (iii) milled
asphalt or crushed concrete is used as aggregate in
construction of the shoulder of a roadway. The terms
"generation" and "recycling", as used in this subsection, do
not apply to uncontaminated soil that is not commingled with
any waste when (i) used as fill material below grade or
contoured to grade, or (ii) used at the site of generation.
(Source: P.A. 90-219, eff. 7-25-97; 90-344, eff. 1-1-98;
90-475, eff. 8-17-97; 90-655, eff. 7-30-98; 90-761, eff.
8-14-98; 91-72, eff. 7-9-99.)
(415 ILCS 5/21.3) (from Ch. 111 1/2, par. 1021.3)
Sec. 21.3. Environmental reclamation lien.
(a) All costs and damages for which a person is liable
to the State of Illinois under Section 22.2 and Section 22.18
shall constitute an environmental reclamation lien in favor
of the State of Illinois upon all real property and rights to
such property which:
(1) belong to such person; and
(2) are subject to or affected by a removal or
remedial action under Section 22.2 or preventive action,
corrective action or enforcement action under Section
22.18.
(b) An environmental reclamation lien shall continue
until the liability for the costs and damages, or a judgment
against the person arising out of such liability, is
satisfied.
(c) An environmental reclamation lien shall be effective
upon the filing by the Agency of a Notice of Environmental
Reclamation Lien with the recorder or the registrar of titles
of the county in which the real property lies. The Agency
shall not file an environmental reclamation lien, and no such
lien shall be valid, unless the Agency has sent notice
pursuant to subsection (q) or (v) of Section 4 of this Act to
owners of the real property. Nothing in this Section shall
be construed to give the Agency's lien a preference over the
rights of any bona fide purchaser or mortgagee or other
lienholder (not including the United States when holding an
unfiled lien) arising prior to the filing of a notice of
environmental reclamation lien in the office of the recorder
or registrar of titles of the county in which the property
subject to the lien is located. For purposes of this
Section, the term "bona fide" shall not include any mortgage
of real or personal property or any other credit transaction
that results in the mortgagee or the holder of the security
acting as trustee for unsecured creditors of the liable
person mentioned in the notice of lien who executed such
chattel or real property mortgage or the document evidencing
such credit transaction. Such lien shall be inferior to the
lien of general taxes, special assessments and special taxes
heretofore or hereafter levied by any political subdivision
of this State.
(d) The environmental reclamation lien shall not exceed
the amount of expenditures as itemized on the Affidavit of
Expenditures attached to and filed with the Notice of
Environmental Reclamation Lien. The Affidavit of
Expenditures may be amended if additional costs or damages
are incurred.
(e) Upon filing of the Notice of Environmental
Reclamation Lien a copy with attachments shall be served upon
the owners of the real property. Notice of such service
shall be served on all lienholders of record as of the date
of filing.
(f) Within 120 days after the effective date of this
Section or within 60 days after initiating response or
remedial action at the site under Section 22.2 or 22.18, the
Agency shall file a Notice of Response Action in Progress.
The Notice shall be filed with the recorder or registrar of
titles of the county in which the real property lies.
(g) In addition to any other remedy provided by the laws
of this State, the Agency may foreclose in the circuit court
an environmental reclamation lien on real property for any
costs or damages imposed under Section 22.2 or Section 22.18
to the same extent and in the same manner as in the
enforcement of other liens. The process, practice and
procedure for such foreclosure shall be the same as provided
in Article XV of the Code of Civil Procedure. Nothing in
this Section shall affect the right of the State of Illinois
to bring an action against any person to recover all costs
and damages for which such person is liable under Section
22.2 or Section 22.18.
(h) Any liability to the State under Section 22.2 or
Section 22.18 shall constitute a debt to the State. Interest
on such debt shall begin to accrue at a rate of 12% per annum
from the date of the filing of the Notice of Environmental
Reclamation Lien under paragraph (c). Accrued interest shall
be included as a cost incurred by the State of Illinois under
Section 22.2 or Section 22.18.
(i) "Environmental reclamation lien" means a lien
established under this Section.
(Source: P.A. 90-655, eff. 7-30-98.)
(415 ILCS 5/21.5) (from Ch. 111 1/2, par. 1021.5)
Sec. 21.5. Toxic packaging reduction.
(a) For the purposes of this Section, the following
terms have the meanings ascribed to them in this subsection:
"Distributor" means any person, firm, or corporation
that takes title to goods purchased for resale.
"Package" means a container providing a direct means
of marketing, protecting, or handling a product, and
includes a product unit package, an intermediate package,
or a shipping container as defined by ASTM D996.
"Package" shall also include such unsealed consumer
product receptacles as carrying cases, crates, cups,
pails, rigid foil and other trays, wrappers and wrapping
films, bags, and tubs.
"Packaging component" means any individual assembled
part of a package including, but not limited to, any
interior or exterior blocking, bracing, cushioning,
weatherproofing, coatings, closure, ink, and labeling;
except that coatings shall not include a thin tin layer
applied to base steel or sheet steel during manufacturing
of the steel or package.
(b) Beginning July 1, 1994, no package or packaging
component may be offered for sale or promotional purposes in
this State, by its manufacturer or distributor, if the
package itself or any packaging component includes any ink,
dye, pigment, adhesive, stabilizer, or other additive that
contains lead, cadmium, mercury or hexavalent chromium that
has been intentionally introduced during manufacturing or
distribution.
(c) Beginning July 1, 1994, no product may be offered
for sale or for promotional purposes in this State by its
manufacturer or distributor in Illinois in a package that
includes, in the package itself or in any of its packaging
components, any ink, dye, pigment, adhesive, stabilizer, or
other additive that contains lead, cadmium, mercury or
hexavalent chromium that has been intentionally introduced
during manufacturing or distribution.
(d) No package or packaging component, and no product in
a package, may be offered for sale or promotional purposes in
this State if the sum of the concentration levels of lead,
cadmium, mercury, or hexavalent chromium present in the
package or packaging component, but not intentionally
introduced by the manufacturer or distributor, exceeds the
following limits:
(1) 600 parts per million by weight (0.06%)
beginning July 1, 1994.
(2) 250 parts per million by weight (0.025%)
beginning July 1, 1995.
(3) 100 parts per million by weight (0.01%)
beginning July 1, 1996.
(e) The following packages and packaging components are
not subject to this Section:
(1) Those packages or packaging components with a
code indicating a date of manufacture before July 1,
1994.
(2) Those packages or packaging components for
which an exemption has been granted by the Agency under
subsection (f).
(3) Until July 1, 1998, packages and packaging
components that would not exceed the maximum contaminant
levels set forth in subsection (d) of this Section but
for the addition of post consumer materials.
(4) Those packages or packaging components used to
contain wine or distilled spirits that have been bottled
before July 1, 1994.
(5) Packaging components, including but not limited
to strapping, seals, fasteners, and other industrial
packaging components intended to protect, secure, close,
unitize or provide pilferage protection for any product
destined for commercial use.
(6) Those packages used in transporting,
protecting, safe handling or functioning of radiographic
film.
(f) The Agency may grant an exemption from the
requirements of this Section for a package or packaging
component to which lead, cadmium, mercury, or hexavalent
chromium has been added in the manufacturing, forming,
printing, or distribution process in order to comply with
health or safety requirements of federal law or because there
is not a feasible alternative. These exemptions shall be
granted, upon application of the manufacturer of the package
or packaging component, for a period of 2 years and are
renewable for periods of 2 years. If the Agency denies a
request for exemption, or fails to take final action on a
request within 180 days, the applicant may seek review from
the Board in the same manner as in the case of a permit
denial. Any other party to the Agency proceeding may seek
review in the manner provided in subsection (c) of Section
40.
For the purposes of this subsection, a use for which
there is no feasible alternative is one in which the
regulated substance is essential to the protection, safe
handling, or function of the package's contents.
The Agency may enter into reciprocal agreements with
other states that have adopted similar restrictions on toxic
packaging and may accept exemptions to those restrictions
granted by such states. Prior to taking such action, the
Agency shall provide for public notice in the Environmental
Register and for a 30-day comment period.
(g) Beginning July 1, 1994, a certificate of compliance
stating that a package or packaging component is in
compliance with the requirements of this Section shall be
furnished by its manufacturer or supplier to its distributor,
or shall be maintained by the manufacturer in Illinois if the
manufacturer is also the distributor. If compliance is
achieved only under the exemption provided in subdivision
(e)(2) or (e)(3), the certificate shall state the specific
basis upon which the exemption is claimed. The certificate of
compliance shall be signed by an authorized official of the
manufacturer or supplier. The certificate can be for the
entire class, type, or category of packaging or a particular
product regulated under this Act, and a certificate need not
be provided or maintained for each individual package,
packaging component, or packaging for a product. The
manufacturer or distributor in Illinois shall retain the
certificate of compliance for as long as the package or
packaging component is in use. A copy of the certificate of
compliance shall be kept on file by the manufacturer or
supplier of the package or packaging component. Certificates
of compliance, or copies thereof, shall be furnished to the
Agency upon its request and to members of the public in
accordance with subsection (i).
If the manufacturer or supplier of the package or
packaging component reformulates or creates a new package or
packaging component, the manufacturer or supplier shall
provide an amended or new certificate of compliance for the
reformulated or new package or packaging component.
(h) (Blank.) The Agency shall review the effectiveness
of this Section no later than January 1, 1996, and shall
provide a report based upon that review to the Governor and
the General Assembly. The report shall contain a
recommendation whether to continue the recycling exemption
provided in subdivision (e)(3) of this Section and a
description of the nature of the substitutes used in lieu of
lead, mercury, cadmium, and hexavalent chromium.
(i) Any request from a member of the public for any
certificate of compliance from the manufacturer or supplier
of a package or packaging component shall be:
(1) made in writing and transmitted by registered
mail with a copy provided to the Agency;
(2) specific as to the package or packaging
component information requested; and
(3) responded to by the manufacturer or supplier
within 60 days.
(j) The provisions of this Section shall not apply to
any glass or ceramic product used as packaging that is
intended to be reusable or refillable, and where the lead and
cadmium from the product do not exceed the Toxicity
Characteristic Leachability Procedures of leachability of
lead and cadmium as set forth by the U.S. Environmental
Protection Agency.
(Source: P.A. 89-79, eff. 6-30-95.)
(415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
Sec. 22.2. Hazardous waste; fees; liability.
(a) There are hereby created within the State Treasury 2
special funds to be known respectively as the "Hazardous
Waste Fund" and the "Hazardous Waste Research Fund",
constituted from the fees collected pursuant to this Section.
In addition to the fees collected under this Section, the
Hazardous Waste Fund shall include other moneys made
available from any source for deposit into the Fund.
(b) (1) On and after January 1, 1989, the Agency shall
collect from the owner or operator of each of the
following sites a fee in the amount of:
(A) 6 cents per gallon or $12.12 per cubic
yard of hazardous waste disposed for 1989, 7.5 cents
per gallon or $15.15 per cubic yard for 1990 and 9
cents per gallon or $18.18 per cubic yard
thereafter, if the hazardous waste disposal site is
located off the site where such waste was produced.
The maximum amount payable under this subdivision
(A) with respect to the hazardous waste generated by
a single generator and deposited in monofills is
$20,000 for 1989, $25,000 for 1990, and $30,000 per
year thereafter. If, as a result of the use of
multiple monofills, waste fees in excess of the
maximum are assessed with respect to a single waste
generator, the generator may apply to the Agency for
a credit.
(B) 6 cents per gallon or $12.12 per cubic
yard of hazardous waste disposed for 1989, 7.5 cents
per gallon or $15.15 per cubic yard for 1990 and 9
cents or $18.18 per cubic yard thereafter, if the
hazardous waste disposal site is located on the site
where such waste was produced, provided however the
maximum amount of fees payable under this paragraph
(B) is $20,000 for 1989, $25,000 for 1990 and
$30,000 per year thereafter for each such hazardous
waste disposal site.
(C) If the hazardous waste disposal site is an
underground injection well, $6,000 per year if not
more than 10,000,000 gallons per year are injected,
$15,000 per year if more than 10,000,000 gallons but
not more than 50,000,000 gallons per year are
injected, and $27,000 per year if more than
50,000,000 gallons per year are injected.
(D) 2 cents per gallon or $4.04 per cubic yard
for 1989, 2.5 cents per gallon or $5.05 per cubic
yard for 1990, and 3 cents per gallon or $6.06 per
cubic yard thereafter of hazardous waste received
for treatment at a hazardous waste treatment site,
if the hazardous waste treatment site is located off
the site where such waste was produced and if such
hazardous waste treatment site is owned, controlled
and operated by a person other than the generator of
such waste. After treatment at such hazardous waste
treatment site, the waste shall not be subject to
any other fee imposed by this subsection (b). For
purposes of this subsection (b), the term
"treatment" is defined as in Section 3.505 3.49 but
shall not include recycling, reclamation or reuse.
(2) The General Assembly shall annually appropriate
to the Fund such amounts as it deems necessary to fulfill
the purposes of this Act.
(3) The Agency shall have the authority to accept,
receive, and administer on behalf of the State any moneys
made available to the State from any source for the
purposes of the Hazardous Waste Fund set forth in
subsection (d) of this Section.
(4) Of the amount collected as fees provided for in
this Section, the Agency shall manage the use of such
funds to assure that sufficient funds are available for
match towards federal expenditures for response action at
sites which are listed on the National Priorities List;
provided, however, that this shall not apply to
additional monies appropriated to the Fund by the General
Assembly, nor shall it apply in the event that the
Director finds that revenues in the Hazardous Waste Fund
must be used to address conditions which create or may
create an immediate danger to the environment or public
health or to the welfare of the people of the State of
Illinois.
(5) Notwithstanding the other provisions of this
subsection (b), sludge from a publicly-owned sewage works
generated in Illinois, coal mining wastes and refuse
generated in Illinois, bottom boiler ash, flyash and flue
gas desulphurization sludge from public utility electric
generating facilities located in Illinois, and bottom
boiler ash and flyash from all incinerators which process
solely municipal waste shall not be subject to the fee.
(6) For the purposes of this subsection (b),
"monofill" means a facility, or a unit at a facility,
that accepts only wastes bearing the same USEPA hazardous
waste identification number, or compatible wastes as
determined by the Agency.
(c) The Agency shall establish procedures, not later
than January 1, 1984, relating to the collection of the fees
authorized by this Section. Such procedures shall include,
but not be limited to: (1) necessary records identifying the
quantities of hazardous waste received or disposed; (2) the
form and submission of reports to accompany the payment of
fees to the Agency; and (3) the time and manner of payment of
fees to the Agency, which payments shall be not more often
than quarterly.
(d) Beginning July 1, 1996, the Agency shall deposit all
such receipts in the State Treasury to the credit of the
Hazardous Waste Fund, except as provided in subsection (e) of
this Section. All monies in the Hazardous Waste Fund shall be
used by the Agency for the following purposes:
(1) Taking whatever preventive or corrective action
is necessary or appropriate, in circumstances certified
by the Director, including but not limited to removal or
remedial action whenever there is a release or
substantial threat of a release of a hazardous substance
or pesticide; provided, the Agency shall expend no more
than $1,000,000 on any single incident without
appropriation by the General Assembly.
(2) To meet any requirements which must be met by
the State in order to obtain federal funds pursuant to
the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, (P.L. 96-510).
(3) In an amount up to 30% of the amount collected
as fees provided for in this Section, for use by the
Agency to conduct groundwater protection activities,
including providing grants to appropriate units of local
government which are addressing protection of underground
waters pursuant to the provisions of this Act.
(4) To fund the development and implementation of
the model pesticide collection program under Section 19.1
of the Illinois Pesticide Act.
(5) To the extent the Agency has received and
deposited monies in the Fund other than fees collected
under subsection (b) of this Section, to pay for the cost
of Agency employees for services provided in reviewing
the performance of response actions pursuant to Title
XVII of this Act.
(6) In an amount up to 15% of the fees collected
annually under subsection (b) of this Section, for use by
the Agency for administration of the provisions of this
Section.
(e) The Agency shall deposit 10% of all receipts
collected under subsection (b) of this Section, but not to
exceed $200,000 per year, in the State Treasury to the credit
of the Hazardous Waste Research Fund established by this Act.
Pursuant to appropriation, all monies in such Fund shall be
used by the Department of Natural Resources for the purposes
set forth in this subsection.
The Department of Natural Resources may enter into
contracts with business, industrial, university, governmental
or other qualified individuals or organizations to assist in
the research and development intended to recycle, reduce the
volume of, separate, detoxify or reduce the hazardous
properties of hazardous wastes in Illinois. Monies in the
Fund may also be used by the Department of Natural Resources
for technical studies, monitoring activities, and educational
and research activities which are related to the protection
of underground waters. Monies in the Hazardous Waste
Research Fund may be used to administer the Illinois Health
and Hazardous Substances Registry Act. Monies in the
Hazardous Waste Research Fund shall not be used for any
sanitary landfill or the acquisition or construction of any
facility. This does not preclude the purchase of equipment
for the purpose of public demonstration projects. The
Department of Natural Resources shall adopt guidelines for
cost sharing, selecting, and administering projects under
this subsection.
(f) Notwithstanding any other provision or rule of law,
and subject only to the defenses set forth in subsection (j)
of this Section, the following persons shall be liable for
all costs of removal or remedial action incurred by the State
of Illinois or any unit of local government as a result of a
release or substantial threat of a release of a hazardous
substance or pesticide:
(1) the owner and operator of a facility or vessel
from which there is a release or substantial threat of
release of a hazardous substance or pesticide;
(2) any person who at the time of disposal,
transport, storage or treatment of a hazardous substance
or pesticide owned or operated the facility or vessel
used for such disposal, transport, treatment or storage
from which there was a release or substantial threat of a
release of any such hazardous substance or pesticide;
(3) any person who by contract, agreement, or
otherwise has arranged with another party or entity for
transport, storage, disposal or treatment of hazardous
substances or pesticides owned, controlled or possessed
by such person at a facility owned or operated by another
party or entity from which facility there is a release or
substantial threat of a release of such hazardous
substances or pesticides; and
(4) any person who accepts or accepted any
hazardous substances or pesticides for transport to
disposal, storage or treatment facilities or sites from
which there is a release or a substantial threat of a
release of a hazardous substance or pesticide.
Any monies received by the State of Illinois pursuant to
this subsection (f) shall be deposited in the State Treasury
to the credit of the Hazardous Waste Fund.
In accordance with the other provisions of this Section,
costs of removal or remedial action incurred by a unit of
local government may be recovered in an action before the
Board brought by the unit of local government under
subsection (i) of this Section. Any monies so recovered
shall be paid to the unit of local government.
(g)(1) No indemnification, hold harmless, or similar
agreement or conveyance shall be effective to transfer
from the owner or operator of any vessel or facility or
from any person who may be liable for a release or
substantial threat of a release under this Section, to
any other person the liability imposed under this
Section. Nothing in this Section shall bar any agreement
to insure, hold harmless or indemnify a party to such
agreements for any liability under this Section.
(2) Nothing in this Section, including the
provisions of paragraph (g)(1) of this Section, shall bar
a cause of action that an owner or operator or any other
person subject to liability under this Section, or a
guarantor, has or would have, by reason of subrogation or
otherwise against any person.
(h) For purposes of this Section:
(1) The term "facility" means:
(A) any building, structure, installation,
equipment, pipe or pipeline including but not
limited to any pipe into a sewer or publicly owned
treatment works, well, pit, pond, lagoon,
impoundment, ditch, landfill, storage container,
motor vehicle, rolling stock, or aircraft; or
(B) any site or area where a hazardous
substance has been deposited, stored, disposed of,
placed, or otherwise come to be located.
(2) The term "owner or operator" means:
(A) any person owning or operating a vessel or
facility;
(B) in the case of an abandoned facility, any
person owning or operating the abandoned facility or
any person who owned, operated, or otherwise
controlled activities at the abandoned facility
immediately prior to such abandonment;
(C) in the case of a land trust as defined in
Section 2 of the Land Trustee as Creditor Act, the
person owning the beneficial interest in the land
trust;
(D) in the case of a fiduciary (other than a
land trustee), the estate, trust estate, or other
interest in property held in a fiduciary capacity,
and not the fiduciary. For the purposes of this
Section, "fiduciary" means a trustee, executor,
administrator, guardian, receiver, conservator or
other person holding a facility or vessel in a
fiduciary capacity;
(E) in the case of a "financial institution",
meaning the Illinois Housing Development Authority
and that term as defined in Section 2 of the
Illinois Banking Act, that has acquired ownership,
operation, management, or control of a vessel or
facility through foreclosure or under the terms of a
security interest held by the financial institution
or under the terms of an extension of credit made by
the financial institution, the financial institution
only if the financial institution takes possession
of the vessel or facility and the financial
institution exercises actual, direct, and continual
or recurrent managerial control in the operation of
the vessel or facility that causes a release or
substantial threat of a release of a hazardous
substance or pesticide resulting in removal or
remedial action;
(F) In the case of an owner of residential
property, the owner if the owner is a person other
than an individual, or if the owner is an individual
who owns more than 10 dwelling units in Illinois, or
if the owner, or an agent, representative,
contractor, or employee of the owner, has caused,
contributed to, or allowed the release or threatened
release of a hazardous substance or pesticide. The
term "residential property" means single family
residences of one to 4 dwelling units, including
accessory land, buildings, or improvements
incidental to those dwellings that are exclusively
used for the residential use. For purposes of this
subparagraph (F), the term "individual" means a
natural person, and shall not include corporations,
partnerships, trusts, or other non-natural persons.
(G) In the case of any facility, title or
control of which was conveyed due to bankruptcy,
foreclosure, tax delinquency, abandonment, or
similar means to a unit of State or local
government, any person who owned, operated, or
otherwise controlled activities at the facility
immediately beforehand.
(H) The term "owner or operator" does not
include a unit of State or local government which
acquired ownership or control through bankruptcy,
tax delinquency, abandonment, or other circumstances
in which the government acquires title by virtue of
its function as sovereign. The exclusion provided
under this paragraph shall not apply to any State or
local government which has caused or contributed to
the release or threatened release of a hazardous
substance from the facility, and such a State or
local government shall be subject to the provisions
of this Act in the same manner and to the same
extent, both procedurally and substantively, as any
nongovernmental entity, including liability under
Section 22.2(f).
(i) The costs and damages provided for in this Section
may be imposed by the Board in an action brought before the
Board in accordance with Title VIII of this Act, except that
Section 33(c) of this Act shall not apply to any such action.
(j) (1) There shall be no liability under this Section
for a person otherwise liable who can establish by a
preponderance of the evidence that the release or substantial
threat of release of a hazardous substance and the damages
resulting therefrom were caused solely by:
(A) an act of God;
(B) an act of war;
(C) an act or omission of a third party other than
an employee or agent of the defendant, or other than one
whose act or omission occurs in connection with a
contractual relationship, existing directly or
indirectly, with the defendant (except where the sole
contractual arrangement arises from a published tariff
and acceptance for carriage by a common carrier by rail),
if the defendant establishes by a preponderance of the
evidence that (i) he exercised due care with respect to
the hazardous substance concerned, taking into
consideration the characteristics of such hazardous
substance, in light of all relevant facts and
circumstances, and (ii) he took precautions against
foreseeable acts or omissions of any such third party and
the consequences that could foreseeably result from such
acts or omissions; or
(D) any combination of the foregoing paragraphs.
(2) There shall be no liability under this Section for
any release permitted by State or federal law.
(3) There shall be no liability under this Section for
damages as a result of actions taken or omitted in the course
of rendering care, assistance, or advice in accordance with
this Section or the National Contingency Plan pursuant to the
Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (P.L. 96-510) or at the direction of an
on-scene coordinator appointed under such plan, with respect
to an incident creating a danger to public health or welfare
or the environment as a result of any release of a hazardous
substance or a substantial threat thereof. This subsection
shall not preclude liability for damages as the result of
gross negligence or intentional misconduct on the part of
such person. For the purposes of the preceding sentence,
reckless, willful, or wanton misconduct shall constitute
gross negligence.
(4) There shall be no liability under this Section for
any person (including, but not limited to, an owner of
residential property who applies a pesticide to the
residential property or who has another person apply a
pesticide to the residential property) for response costs or
damages as the result of the storage, handling and use, or
recommendation for storage, handling and use, of a pesticide
consistent with:
(A) its directions for storage, handling and use as
stated in its label or labeling;
(B) its warnings and cautions as stated in its
label or labeling; and
(C) the uses for which it is registered under the
Federal Insecticide, Fungicide and Rodenticide Act and
the Illinois Pesticide Act.
(4.5) There shall be no liability under subdivision
(f)(1) of this Section for response costs or damages as the
result of a release of a pesticide from an agrichemical
facility site if the Agency has received notice from the
Department of Agriculture pursuant to Section 19.3 of the
Illinois Pesticide Act, the owner or operator of the
agrichemical facility is proceeding with a corrective action
plan under the Agrichemical Facility Response Action Program
implemented under that Section, and the Agency has provided a
written endorsement of a corrective action plan.
(4.6) There shall be no liability under subdivision
(f)(1) of this Section for response costs or damages as the
result of a substantial threat of a release of a pesticide
from an agrichemical facility site if the Agency has received
notice from the Department of Agriculture pursuant to Section
19.3 of the Illinois Pesticide Act and the owner or operator
of the agrichemical facility is proceeding with a corrective
action plan under the Agrichemical Facility Response Action
Program implemented under that Section.
(5) Nothing in this subsection (j) shall affect or
modify in any way the obligations or liability of any person
under any other provision of this Act or State or federal
law, including common law, for damages, injury, or loss
resulting from a release or substantial threat of a release
of any hazardous substance or for removal or remedial action
or the costs of removal or remedial action of such hazardous
substance.
(6)(A) The term "contractual relationship", for the
purpose of this subsection includes, but is not limited to,
land contracts, deeds or other instruments transferring title
or possession, unless the real property on which the facility
concerned is located was acquired by the defendant after the
disposal or placement of the hazardous substance on, in, or
at the facility, and one or more of the circumstances
described in clause (i), (ii), or (iii) of this paragraph is
also established by the defendant by a preponderance of the
evidence:
(i) At the time the defendant acquired the facility
the defendant did not know and had no reason to know that
any hazardous substance which is the subject of the
release or threatened release was disposed of on, in or
at the facility.
(ii) The defendant is a government entity which
acquired the facility by escheat, or through any other
involuntary transfer or acquisition, or through the
exercise of eminent domain authority by purchase or
condemnation.
(iii) The defendant acquired the facility by
inheritance or bequest.
In addition to establishing the foregoing, the defendant
must establish that he has satisfied the requirements of
subparagraph (C) of paragraph (l) of this subsection (j).
(B) To establish the defendant had no reason to know, as
provided in clause (i) of subparagraph (A) of this paragraph,
the defendant must have undertaken, at the time of
acquisition, all appropriate inquiry into the previous
ownership and uses of the property consistent with good
commercial or customary practice in an effort to minimize
liability. For purposes of the preceding sentence, the court
shall take into account any specialized knowledge or
experience on the part of the defendant, the relationship of
the purchase price to the value of the property if
uncontaminated, commonly known or reasonably ascertainable
information about the property, the obviousness of the
presence or likely presence of contamination at the property,
and the ability to detect such contamination by appropriate
inspection.
(C) Nothing in this paragraph (6) or in subparagraph (C)
of paragraph (1) of this subsection shall diminish the
liability of any previous owner or operator of such facility
who would otherwise be liable under this Act. Notwithstanding
this paragraph (6), if the defendant obtained actual
knowledge of the release or threatened release of a hazardous
substance at such facility when the defendant owned the real
property and then subsequently transferred ownership of the
property to another person without disclosing such knowledge,
such defendant shall be treated as liable under subsection
(f) of this Section and no defense under subparagraph (C) of
paragraph (1) of this subsection shall be available to such
defendant.
(D) Nothing in this paragraph (6) shall affect the
liability under this Act of a defendant who, by any act or
omission, caused or contributed to the release or threatened
release of a hazardous substance which is the subject of the
action relating to the facility.
(E) (i) Except as provided in clause (ii) of this
subparagraph (E), a defendant who has acquired real property
shall have established a rebuttable presumption against all
State claims and a conclusive presumption against all private
party claims that the defendant has made all appropriate
inquiry within the meaning of subdivision (6)(B) of this
subsection (j) if the defendant proves that immediately prior
to or at the time of the acquisition:
(I) the defendant obtained a Phase I Environmental
Audit of the real property that meets or exceeds the
requirements of this subparagraph (E), and the Phase I
Environmental Audit did not disclose the presence or
likely presence of a release or a substantial threat of a
release of a hazardous substance or pesticide at, on, to,
or from the real property; or
(II) the defendant obtained a Phase II
Environmental Audit of the real property that meets or
exceeds the requirements of this subparagraph (E), and
the Phase II Environmental Audit did not disclose the
presence or likely presence of a release or a substantial
threat of a release of a hazardous substance or pesticide
at, on, to, or from the real property.
(ii) No presumption shall be created under clause (i) of
this subparagraph (E), and a defendant shall be precluded
from demonstrating that the defendant has made all
appropriate inquiry within the meaning of subdivision (6)(B)
of this subsection (j), if:
(I) the defendant fails to obtain all Environmental
Audits required under this subparagraph (E) or any such
Environmental Audit fails to meet or exceed the
requirements of this subparagraph (E);
(II) a Phase I Environmental Audit discloses the
presence or likely presence of a release or a substantial
threat of a release of a hazardous substance or pesticide
at, on, to, or from real property, and the defendant
fails to obtain a Phase II Environmental Audit;
(III) a Phase II Environmental Audit discloses the
presence or likely presence of a release or a substantial
threat of a release of a hazardous substance or pesticide
at, on, to, or from the real property;
(IV) the defendant fails to maintain a written
compilation and explanatory summary report of the
information reviewed in the course of each Environmental
Audit under this subparagraph (E); or
(V) there is any evidence of fraud, material
concealment, or material misrepresentation by the
defendant of environmental conditions or of related
information discovered during the course of an
Environmental Audit.
(iii) For purposes of this subparagraph (E), the term
"environmental professional" means an individual (other than
a practicing attorney) who, through academic training,
occupational experience, and reputation (such as engineers,
industrial hygienists, or geologists) can objectively conduct
one or more aspects of an Environmental Audit and who either:
(I) maintains at the time of the Environmental
Audit and for at least one year thereafter at least
$500,000 of environmental consultants' professional
liability insurance coverage issued by an insurance
company licensed to do business in Illinois; or
(II) is an Illinois licensed professional engineer
or an Illinois licensed industrial hygienist.
An environmental professional may employ persons who are
not environmental professionals to assist in the preparation
of an Environmental Audit if such persons are under the
direct supervision and control of the environmental
professional.
(iv) For purposes of this subparagraph (E), the term
"real property" means any interest in any parcel of land, and
shall not be limited to the definition of the term "real
property" contained in the Responsible Property Transfer Act
of 1988. For purposes of this subparagraph (E), the term
"real property" includes, but is not limited to, buildings,
fixtures, and improvements.
(v) For purposes of this subparagraph (E), the term
"Phase I Environmental Audit" means an investigation of real
property, conducted by environmental professionals, to
discover the presence or likely presence of a release or a
substantial threat of a release of a hazardous substance or
pesticide at, on, to, or from real property, and whether a
release or a substantial threat of a release of a hazardous
substance or pesticide has occurred or may occur at, on, to,
or from the real property. The investigation shall include a
review of at least each of the following sources of
information concerning the current and previous ownership and
use of the real property:
(I) Recorded chain of title documents regarding the
real property, including all deeds, easements, leases,
restrictions, and covenants for a period of 50 years.
(II) Aerial photographs that may reflect prior uses
of the real property and that are reasonably obtainable
through State, federal, or local government agencies or
bodies.
(III) Recorded environmental cleanup liens, if any,
against the real property that have arisen pursuant to
this Act or federal statutes.
(IV) Reasonably obtainable State, federal, and
local government records of sites or facilities at, on,
or near the real property to discover the presence or
likely presence of a hazardous substance or pesticide,
and whether a release or a substantial threat of a
release of a hazardous substance or pesticide has
occurred or may occur at, on, to, or from the real
property. Such government records shall include, but not
be limited to: reasonably obtainable State, federal, and
local government investigation reports for those sites or
facilities; reasonably obtainable State, federal, and
local government records of activities likely to cause or
contribute to a release or a threatened release of a
hazardous substance or pesticide at, on, to, or from the
real property, including landfill and other treatment,
storage, and disposal location records, underground
storage tank records, hazardous waste transporter and
generator records, and spill reporting records; and other
reasonably obtainable State, federal, and local
government environmental records that report incidents or
activities that are likely to cause or contribute to a
release or a threatened release of a hazardous substance
or pesticide at, on, to, or from the real property. In
order to be deemed "reasonably obtainable" as required
herein, a copy or reasonable facsimile of the record must
be obtainable from the government agency by request and
upon payment of a processing fee, if any, established by
the government agency. The Agency is authorized to
establish a reasonable fee for processing requests
received under this subparagraph (E) for records. All
fees collected by the Agency under this clause (v)(IV)
shall be deposited into the Environmental Protection
Permit and Inspection Fund in accordance with Section
22.8.
Notwithstanding any other law, if the fee is paid,
commencing on the effective date of this amendatory Act
of 1993 and until one year after the effective date of
this amendatory Act of 1993, the Agency shall use its
best efforts to process a request received under this
subparagraph (E) as expeditiously as possible.
Notwithstanding any other law, commencing one year after
the effective date of this amendatory Act of 1993, if the
fee is paid, the Agency shall process a request received
under this subparagraph (E) for records within 30 days of
the receipt of such request.
(V) A visual site inspection of the real property
and all facilities and improvements on the real property
and a visual inspection of properties immediately
adjacent to the real property, including an investigation
of any use, storage, treatment, spills from use, or
disposal of hazardous substances, hazardous wastes, solid
wastes, or pesticides. If the person conducting the
investigation is denied access to any property adjacent
to the real property, the person shall conduct a visual
inspection of that adjacent property from the property to
which the person does have access and from public
rights-of-way.
(VI) A review of business records for activities at
or on the real property for a period of 50 years.
(vi) For purposes of subparagraph (E), the term "Phase
II Environmental Audit" means an investigation of real
property, conducted by environmental professionals,
subsequent to a Phase I Environmental Audit. If the Phase I
Environmental Audit discloses the presence or likely presence
of a hazardous substance or a pesticide or a release or a
substantial threat of a release of a hazardous substance or
pesticide:
(I) In or to soil, the defendant, as part of the
Phase II Environmental Audit, shall perform a series of
soil borings sufficient to determine whether there is a
presence or likely presence of a hazardous substance or
pesticide and whether there is or has been a release or a
substantial threat of a release of a hazardous substance
or pesticide at, on, to, or from the real property.
(II) In or to groundwater, the defendant, as part
of the Phase II Environmental Audit, shall: review
information regarding local geology, water well
locations, and locations of waters of the State as may be
obtained from State, federal, and local government
records, including but not limited to the United States
Geological Service, the State Geological Survey Division
of the Department of Natural Resources, and the State
Water Survey Division of the Department of Natural
Resources; and perform groundwater monitoring sufficient
to determine whether there is a presence or likely
presence of a hazardous substance or pesticide, and
whether there is or has been a release or a substantial
threat of a release of a hazardous substance or pesticide
at, on, to, or from the real property.
(III) On or to media other than soil or
groundwater, the defendant, as part of the Phase II
Environmental Audit, shall perform an investigation
sufficient to determine whether there is a presence or
likely presence of a hazardous substance or pesticide,
and whether there is or has been a release or a
substantial threat of a release of a hazardous substance
or pesticide at, on, to, or from the real property.
(vii) The findings of each Environmental Audit prepared
under this subparagraph (E) shall be set forth in a written
audit report. Each audit report shall contain an affirmation
by the defendant and by each environmental professional who
prepared the Environmental Audit that the facts stated in the
report are true and are made under a penalty of perjury as
defined in Section 32-2 of the Criminal Code of 1961. It is
perjury for any person to sign an audit report that contains
a false material statement that the person does not believe
to be true.
(viii) The Agency is not required to review, approve, or
certify the results of any Environmental Audit. The
performance of an Environmental Audit shall in no way entitle
a defendant to a presumption of Agency approval or
certification of the results of the Environmental Audit.
The presence or absence of a disclosure document prepared
under the Responsible Property Transfer Act of 1988 shall not
be a defense under this Act and shall not satisfy the
requirements of subdivision (6)(A) of this subsection (j).
(7) No person shall be liable under this Section for
response costs or damages as the result of a pesticide
release if the Agency has found that a pesticide release
occurred based on a Health Advisory issued by the U.S.
Environmental Protection Agency or an action level developed
by the Agency, unless the Agency notified the manufacturer of
the pesticide and provided an opportunity of not less than 30
days for the manufacturer to comment on the technical and
scientific justification supporting the Health Advisory or
action level.
(8) No person shall be liable under this Section for
response costs or damages as the result of a pesticide
release that occurs in the course of a farm pesticide
collection program operated under Section 19.1 of the
Illinois Pesticide Act, unless the release results from gross
negligence or intentional misconduct.
(k) If any person who is liable for a release or
substantial threat of release of a hazardous substance or
pesticide fails without sufficient cause to provide removal
or remedial action upon or in accordance with a notice and
request by the Agency or upon or in accordance with any order
of the Board or any court, such person may be liable to the
State for punitive damages in an amount at least equal to,
and not more than 3 times, the amount of any costs incurred
by the State of Illinois as a result of such failure to take
such removal or remedial action. The punitive damages
imposed by the Board shall be in addition to any costs
recovered from such person pursuant to this Section and in
addition to any other penalty or relief provided by this Act
or any other law.
Any monies received by the State pursuant to this
subsection (k) shall be deposited in the Hazardous Waste
Fund.
(l) Beginning January 1, 1988, the Agency shall annually
collect a $250 fee for each Special Waste Hauling Permit
Application and, in addition, shall collect a fee of $20 for
each waste hauling vehicle identified in the annual permit
application and for each vehicle which is added to the permit
during the annual period. The Agency shall deposit 85% of
such fees collected under this subsection in the State
Treasury to the credit of the Hazardous Waste Research Fund;
and shall deposit the remaining 15% of such fees collected in
the State Treasury to the credit of the Environmental
Protection Permit and Inspection Fund. The majority of such
receipts which are deposited in the Hazardous Waste Research
Fund pursuant to this subsection shall be used by the
Department of Natural Resources for activities which relate
to the protection of underground waters. Persons engaged in
the offsite transportation of hazardous waste by highway and
participating in the Uniform Program under subsection (l-5)
are not required to file a Special Waste Hauling Permit
Application.
(l-5) (1) As used in this subsection:
"Base state" means the state selected by a
transporter according to the procedures established under
the Uniform Program.
"Base state agreement" means an agreement between
participating states electing to register or permit
transporters.
"Participating state" means a state electing to
participate in the Uniform Program by entering into a
base state agreement.
"Transporter" means a person engaged in the offsite
transportation of hazardous waste by highway.
"Uniform application" means the uniform registration
and permit application form prescribed under the Uniform
Program.
"Uniform Program" means the Uniform State Hazardous
Materials Transportation Registration and Permit Program
established in the report submitted and amended pursuant
to 49 U.S.C. Section 5119(b), as implemented by the
Agency under this subsection.
"Vehicle" means any self-propelled motor vehicle,
except a truck tractor without a trailer, designed or
used for the transportation of hazardous waste subject to
the hazardous waste manifesting requirements of 40 U.S.C.
Section 6923(a)(3).
(2) Beginning July 1, 1998, the Agency shall
implement the Uniform State Hazardous Materials
Transportation Registration and Permit Program. On and
after that date, no person shall engage in the offsite
transportation of hazardous waste by highway without
registering and obtaining a permit under the Uniform
Program. A transporter with its principal place of
business in Illinois shall register with and obtain a
permit from the Agency. A transporter that designates
another participating state in the Uniform Program as its
base state shall likewise register with and obtain a
permit from that state before transporting hazardous
waste in Illinois.
(3) Beginning July 1, 1998, the Agency shall
annually collect no more than a $250 processing and audit
fee from each transporter of hazardous waste who has
filed a uniform application and, in addition, the Agency
shall annually collect an apportioned vehicle
registration fee of $20. The amount of the apportioned
vehicle registration fee shall be calculated consistent
with the procedures established under the Uniform
Program.
All moneys received by the Agency from the
collection of fees pursuant to the Uniform Program shall
be deposited into the Hazardous Waste Transporter account
hereby created within the Environmental Protection Permit
and Inspection Fund. Moneys remaining in the account at
the close of the fiscal year shall not lapse to the
General Revenue Fund. The State Treasurer may receive
money or other assets from any source for deposit into
the account. The Agency may expend moneys from the
account, upon appropriation, for the implementation of
the Uniform Program, including the costs to the Agency of
fee collection and administration. In addition, funds
not expended for the implementation of the Uniform
Program may be utilized for emergency response and
cleanup activities related to hazardous waste
transportation that are initiated by the Agency.
Whenever the amount of the Hazardous Waste
Transporter account exceeds by 115% the amount annually
appropriated by the General Assembly, the Agency shall credit
participating transporters an amount, proportionately based
on the amount of the vehicle fee paid, equal to the excess in
the account, and shall determine the need to reduce the
amount of the fee charged transporters in the subsequent
fiscal year by the amount of the credit.
(4) (A) The Agency may propose and the Board shall
adopt rules as necessary to implement and enforce the
Uniform Program. The Agency is authorized to enter into
agreements with other agencies of this State as necessary
to carry out administrative functions or enforcement of
the Uniform Program.
(B) The Agency shall recognize a Uniform Program
registration as valid for one year from the date a notice
of registration form is issued and a permit as valid for
3 years from the date issued or until a transporter fails
to renew its registration, whichever occurs first.
(C) The Agency may inspect or examine any motor
vehicle or facility operated by a transporter, including
papers, books, records, documents, or other materials to
determine if a transporter is complying with the Uniform
Program. The Agency may also conduct investigations and
audits as necessary to determine if a transporter is
entitled to a permit or to make suspension or revocation
determinations consistent with the standards of the
Uniform Program.
(5) The Agency may enter into agreements with
federal agencies, national repositories, or other
participating states as necessary to allow for the
reciprocal registration and permitting of transporters
pursuant to the Uniform Program. The agreements may
include procedures for determining a base state, the
collection and distribution of registration fees, dispute
resolution, the exchange of information for reporting and
enforcement purposes, and other provisions necessary to
fully implement, administer, and enforce the Uniform
Program.
(m) (Blank).
(n) (Blank).
(Source: P.A. 90-14, eff. 7-1-97; 90-219, eff. 7-25-97;
90-773, eff. 8-14-98; 91-36, eff. 6-15-99.)
(415 ILCS 5/22.2b)
Sec. 22.2b. Limit of liability for prospective purchasers
of real property.
(a) The State of Illinois may grant a release of
liability that provides that a person is not potentially
liable under subsection (f) of Section 22.2 of this Act as a
result of a release or a threatened release of a hazardous
substance or pesticide if:
(1) the person performs the response actions to
remove or remedy all releases or threatened releases of a
hazardous substance or pesticide at an identified area or
at identified areas of the property in accordance with a
response action plan approved by the Agency under this
Section;
(2) the person did not cause, allow, or contribute
to the release or threatened release of a hazardous
substance or pesticide through any act or omission;
(3) the person requests, in writing, that the
Agency provide review and evaluation services under
subsection (m) of Section 22.2 of this Act and the Agency
agrees to provide the review and evaluation services; and
(4) the person is not otherwise liable under
subsection (f) of Section 22.2 under, and complies with,
regulations adopted by the Agency under subsection (e).
(b) The Agency may approve a response action plan under
this Section, including but not limited to a response action
plan that does not require the removal or remedy of all
releases or threatened releases of hazardous substances or
pesticides, if the person described under subsection (a)
proves:
(1) the response action will prevent or mitigate
immediate and significant risk of harm to human life and
health and the environment;
(2) activities at the property will not cause,
allow, contribute to, or aggravate the release or
threatened release of a hazardous substance or pesticide;
(3) due consideration has been given to the effect
that activities at the property will have on the health
of those persons likely to be present at the property;
(4) irrevocable access to the property is given to
the State of Illinois and its authorized representatives;
(5) the person is financially capable of performing
the proposed response action; and
(6) the person complies with regulations adopted by
the Agency under subsection (e).
(c) The limit of liability granted by the State of
Illinois under this Section does not apply to any person:
(1) Who is potentially liable under subsection (f)
of Section 22.2 of this Act for any costs of removal or
remedial action incurred by the State of Illinois or any
unit of local government as a result of the release or
substantial threat of a release of a hazardous substance
or pesticide that was the subject of the response action
plan approved by the Agency under this Section.
(2) Who agrees to perform the response action
contained in a response action plan approved by the
Agency under this Section and fails to perform in
accordance with the approved response action plan.
(3) Whose willful and wanton conduct contributes to
a release or threatened release of a hazardous substance
or pesticide.
(4) Whose negligent conduct contributes to a
release or threatened release of a hazardous substance or
pesticide.
(5) Who is seeking a construction or development
permit for a new municipal waste incinerator or other new
waste-to-energy facility.
(d) If a release or threatened release of a hazardous
substance or pesticide occurs within the area identified in
the response action plan approved by the Agency under this
Section and such release or threatened release is not
specifically identified in the response action plan, for any
person to whom this Section applies, the numeric cleanup
level established by the Agency in the response action plan
shall also apply to the release or threatened release not
specifically identified in the response action plan if the
response action plan has a numeric cleanup level for the
hazardous substance or pesticide released or threatened to be
released. Nothing in this subsection (d) shall limit the
authority of the Agency to require, for any person to whom
this Section does not apply, a numeric cleanup level that
differs from the numeric cleanup level established in the
response action plan approved by the Agency under this
Section.
(e) The Agency may adopt regulations relating to this
Section. The regulations may include, but are not limited to,
both of the following:
(1) Requirements and procedures for a response
action plan.
(2) Additional requirements that a person must meet
in order not to be liable under subsection (f) of Section
22.2.
(Source: P.A. 89-101, eff. 7-7-95; 90-655, eff. 7-30-98.)
(415 ILCS 5/22.9) (from Ch. 111 1/2, par. 1022.9)
Sec. 22.9. Special waste determinations.
(a) (Blank.) The Department shall complete a study of
the benefits and feasibility of establishing a system of
classifying and regulating special wastes according to their
degree of hazard. Such study shall include, at a minimum, an
assessment of the degree of hazard of the special waste
streams produced in the State, alternative systems for
classifying these wastes according to their degree of hazard
and an evaluation of the benefits of assessing hazardous
waste fees and developing storage, treatment and disposal
standards based on such classes of wastes. The Department
shall report to the Governor, the General Assembly and the
Pollution Control Board with the results of such study no
later than July 1, 1985.
(b) Following the completion of the Department's study,
but Not later than December 1, 1990, the Pollution Control
Board shall, pursuant to Title VII of the Act, adopt
regulations that establish standards and criteria for
classifying special wastes according to the degree of hazard
or an alternative method.
(c) The Board shall adopt regulations by December 1,
1990, establishing the standards and criteria by which the
Agency may determine upon written request by any person that
a waste or class of waste is not special waste.
(d) (Blank.) Until such time as the regulations required
in subsection (c) of this Section are effective, any person
may request the Agency to determine that a waste is not a
special waste. Within 60 days of receipt of a written
request, the Agency shall make a final determination, which
shall be based on whether the waste would pose a present or
potential threat to human health or to the environment or if
such waste has inherent properties which make disposal of
such waste in a landfill difficult to manage by normal means.
(e) (Blank.) If the Agency denies a request made
pursuant to subsection (c) or (d) of this Section or if the
Agency fails to act within 60 days after receipt of such
request, the requestor may seek review before the Board
pursuant to Section 40 as if the Agency had denied an
application for a permit.
(f) The determinations to be made under subsection (c)
subsections (c), (d) and (e) of this Section shall not apply
to hazardous waste.
(Source: P.A. 89-445, eff. 2-7-96.)
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the "Solid Waste Management Fund"
constituted from the fees collected by the State pursuant to
this Section and from repayments of loans made from the Fund
for solid waste projects. Moneys received by the Department
of Commerce and Community Affairs in repayment of loans made
pursuant to the Illinois Solid Waste Management Act shall be
deposited into the Solid Waste Management Revolving Loan
Fund.
(b) On and after January 1, 1987, the Agency shall
assess and collect a fee in the amount set forth herein from
the owner or operator of each sanitary landfill permitted or
required to be permitted by the Agency to dispose of solid
waste if the sanitary landfill is located off the site where
such waste was produced and if such sanitary landfill is
owned, controlled, and operated by a person other than the
generator of such waste. The Agency shall deposit all fees
collected into the Solid Waste Management Fund. If a site is
contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the
fee under this subsection.
(1) If more than 150,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall
either pay a fee of 45 cents per cubic yard (60¢ per
cubic yard from January 1, 1989 through December 31,
1993), or, alternatively, the owner or operator may weigh
the quantity of the solid waste permanently disposed of
with a device for which certification has been obtained
under the Weights and Measures Act and pay a fee of 95
cents per ton ($1.27 per ton from January 1, 1989 through
December 31, 1993) of solid waste permanently disposed
of. An owner or operator that is subject to any fee,
tax, or surcharge imposed under the authority of
subsection (j) of this Section on September 26, 1991,
with respect to fees due to the Agency under this
paragraph after December 31, 1991 and before January 1,
1994, shall deduct from the amount paid to the Agency the
amount by which the fee paid under subsection (j) exceeds
45 cents per cubic yard or 95 cents per ton. In no case
shall the fee collected or paid by the owner or operator
under this paragraph exceed $1.05 per cubic yard or $2.22
per ton.
(2) If more than 100,000 cubic yards, but not more
than 150,000 cubic yards of non-hazardous waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $25,000 ($33,350 in
1989, 1990 and 1991).
(3) If more than 50,000 cubic yards, but not more
than 100,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $11,300 ($15,500 in
1989, 1990 and 1991).
(4) If more than 10,000 cubic yards, but not more
than 50,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $3,450 ($4,650 in
1989, 1990 and 1991).
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay
a fee of $500 ($650 in 1989, 1990 and 1991).
(c) (Blank.) From January 1, 1987 through December 31,
1988, the fee set forth in this Section shall not apply to:
(1) Solid waste which is hazardous waste;
(2) Any landfill which is permitted by the Agency
to receive only demolition or construction debris or
landscape waste; or
(3) The following wastes:
(A) Foundry sand;
(B) Coal combustion by-product, including
scrubber waste and fluidized bed boiler waste which
does not contain metal cleaning waste;
(C) Slag from the manufacture of iron and
steel;
(D) Pollution Control Waste;
(E) Wastes from recycling, reclamation or
reuse processes designed to remove any contaminant
from wastes so as to render such wastes reusable,
provided that the process renders at least 50% of
the waste reusable;
(F) Non-hazardous solid waste that is received
at a sanitary landfill after January 1, 1987 and
recycled through a process permitted by the Agency.
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such
rules shall include, but not be limited to:
(1) necessary records identifying the quantities of
solid waste received or disposed;
(2) the form and submission of reports to accompany
the payment of fees to the Agency;
(3) the time and manner of payment of fees to the
Agency, which payments shall not be more often than
quarterly; and
(4) procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency and the
Department of Commerce and Community Affairs for the purposes
set forth in this Section and in the Illinois Solid Waste
Management Act, including for the costs of fee collection and
administration, and through June 30, 1989, by the University
of Illinois for research consistent with the Illinois Solid
Waste Management Act.
(f) The Agency is authorized to enter into such
agreements and to promulgate such rules as are necessary to
carry out its duties under this Section and the Illinois
Solid Waste Management Act.
(g) On the first day of January, April, July, and
October of each year, beginning on July 1, 1996, the State
Comptroller and Treasurer shall transfer $500,000 from the
Solid Waste Management Fund to the Hazardous Waste Fund.
Moneys transferred under this subsection (g) shall be used
only for the purposes set forth in item (1) of subsection (d)
of Section 22.2.
(h) The Agency is authorized to provide financial
assistance to units of local government for the performance
of inspecting, investigating and enforcement activities
pursuant to Section 4(r) at nonhazardous solid waste disposal
sites.
(i) The Agency is authorized to support the operations
of an industrial materials exchange service, and to conduct
household waste collection and disposal programs.
(j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge
with regard to the permanent disposal of solid waste. All
fees, taxes, and surcharges collected under this subsection
shall be utilized for solid waste management purposes,
including long-term monitoring and maintenance of landfills,
planning, implementation, inspection, enforcement and other
activities consistent with the Solid Waste Management Act and
the Local Solid Waste Disposal Act, or for any other
environment-related purpose, including but not limited to an
environment-related public works project, but not for the
construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee,
tax or surcharge imposed by all units of local government
under this subsection (j) upon the solid waste disposal
facility shall not exceed:
(1) 45¢ per cubic yard (60¢ per cubic yard
beginning January 1, 1992) if more than 150,000 cubic
yards of non-hazardous solid waste is permanently
disposed of at the site in a calendar year, unless the
owner or operator weighs the quantity of the solid waste
received with a device for which certification has been
obtained under the Weights and Measures Act, in which
case the fee shall not exceed 95¢ per ton ($1.27 per ton
beginning January 1, 1992) of solid waste permanently
disposed of.
(2) $25,000 ($33,350 beginning in 1992) if more
than 100,000 cubic yards, but not more than 150,000 cubic
yards, of non-hazardous waste is permanently disposed of
at the site in a calendar year.
(3) $11,300 ($15,500 beginning in 1992) if more
than 50,000 cubic yards, but not more than 100,000 cubic
yards, of non-hazardous solid waste is permanently
disposed of at the site in a calendar year.
(4) $3,450 ($4,650 beginning in 1992) if more than
10,000 cubic yards, but not more than 50,000 cubic yards,
of non-hazardous solid waste is permanently disposed of
at the site in a calendar year.
(5) $500 ($650 beginning in 1992) if not more than
10,000 cubic yards of non-hazardous solid waste is
permanently disposed of at the site in a calendar year.
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse
a highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped
on public property in violation of a State law or local
ordinance.
A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that
has been dumped on public property in violation of a State
law or local ordinance.
If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement
with the Agency pursuant to subsection (r) of Section 4. The
unit of local government and the Agency shall enter into such
a written delegation agreement within 60 days after the
establishment of such fees. or August 23, 1988, whichever is
later. For the year commencing January 1, 1989, and At
least annually thereafter, the Agency shall conduct an audit
of the expenditures made by units of local government from
the funds granted by the Agency to the units of local
government for purposes of local sanitary landfill inspection
and enforcement programs, to ensure that the funds have been
expended for the prescribed purposes under the grant.
The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local
government in a separate fund, and the interest received on
the moneys in the fund shall be credited to the fund. The
monies in the fund may be accumulated over a period of years
to be expended in accordance with this subsection.
A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and distribute to the
Agency, in April of each year, a report that details spending
plans for monies collected in accordance with this
subsection. The report will at a minimum include the
following:
(1) The total monies collected pursuant to this
subsection.
(2) The most current balance of monies collected
pursuant to this subsection.
(3) An itemized accounting of all monies expended
for the previous year pursuant to this subsection.
(4) An estimation of monies to be collected for the
following 3 years pursuant to this subsection.
(5) A narrative detailing the general direction and
scope of future expenditures for one, 2 and 3 years.
The exemptions granted under Sections 22.16 and 22.16a,
and under subsections (c) and (k) of this Section, shall be
applicable to any fee, tax or surcharge imposed under this
subsection (j); except that the fee, tax or surcharge
authorized to be imposed under this subsection (j) may be
made applicable by a unit of local government to the
permanent disposal of solid waste after December 31, 1986,
under any contract lawfully executed before June 1, 1986
under which more than 150,000 cubic yards (or 50,000 tons) of
solid waste is to be permanently disposed of, even though the
waste is exempt from the fee imposed by the State under
subsection (b) of this Section pursuant to an exemption
granted under Section 22.16.
(k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1,
1989 the fee under subsection (b) and the fee, tax or
surcharge under subsection (j) shall not apply to:
(1) Waste which is hazardous waste; or
(2) Waste which is pollution control waste; or
(3) Waste from recycling, reclamation or reuse
processes which have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render such wastes reusable, provided that the process
renders at least 50% of the waste reusable; or
(4) Non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency; or
(5) Any landfill which is permitted by the Agency
to receive only demolition or construction debris or
landscape waste.
(Source: P.A. 89-93, eff. 7-6-95; 89-443, eff. 7-1-96;
89-445, eff. 2-7-96; 90-14, eff. 7-1-97; 90-475, eff.
8-17-97.)
(415 ILCS 5/22.16) (from Ch. 111 1/2, par. 1022.16)
Sec. 22.16. Fee exemptions.
(a) The Agency shall grant exemptions from the fee
requirements of Section 22.15 of this Act for permanent
disposal or transport of solid waste meeting all of the
following criteria:
(1) permanent disposal of the solid waste is
pursuant to a written contract between the owner or
operator of the sanitary landfill and some other person,
or transport of the solid waste is pursuant to a written
contract between the transporter and some other person;
(2) the contract for permanent disposal or
transport of solid waste was lawfully executed on or
before December 31, 1986, and by its express terms
continues beyond January 1, 1987, or was lawfully
executed during 1987 or 1988 and by its express terms
continues beyond January 1, 1989;
(3) the contract for permanent disposal or
transport of solid waste establishes a fixed fee or
compensation, does not allow the operator or transporter
to pass the fee through to another party, and does not
allow voluntary cancellation or re-negotiation of the
compensation or fee during the term of the contract; and
(4) the contract was lawfully executed on or before
December 31, 1986 and has not been amended at any time
after that date, or was lawfully executed during 1987 or
1988 and has not been amended on or after January 1,
1989.
(b) Exemptions granted under this Section shall cause
the solid waste received by an owner or operator of a
sanitary landfill pursuant to a contract exempted under this
Section to be disregarded in calculating the volume or weight
of solid waste permanently disposed of during a calendar year
under Section 22.15 of this Act.
(c) (Blank.) Applications for exemptions under this
Section may be granted retroactively. Applications for
retroactive or prospective exemptions must be submitted with
proof of satisfaction of all criteria for granting the
exemption, and must be received by the Agency before March 1,
1989.
(d) It shall be the duty of an owner or operator of a
sanitary landfill to keep accurate records and to prove to
the satisfaction of the Agency the volume or weight of solid
waste received under an exemption during a calendar year.
(e) Exemptions under this Section shall expire upon the
expiration, renewal or amendment of the exempted contract,
whichever occurs first.
(Source: P.A. 85-1195.)
(415 ILCS 5/22.16a) (from Ch. 111 1/2, par. 1022.16a)
Sec. 22.16a. Additional fee exemptions.
(a) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, the Agency shall grant
exemptions from the fee requirements of Section 22.15 of this
Act for solid waste meeting all of the following criteria:
(1) the waste is non-putrescible and homogeneous
and does not contain free liquids;
(2) combustion of the waste would not provide
practical energy recovery or practical reduction in
volume; and
(3) the applicant for exemption demonstrates that
it is not technologically and economically reasonable to
recycle or reuse the waste.
(b) Exemptions granted under this Section shall cause
the solid waste exempted under subsection (a) which is
permanently disposed of by an owner or operator of a sanitary
landfill to be disregarded in calculating the volume or
weight of solid waste permanently disposed of during a
calendar year under Section 22.15 of this Act.
(c) Applications for exemptions under this Section must
be submitted on forms provided by the Agency for such
purpose, together with proof of satisfaction of all criteria
for granting the exemption. For applications received before
March 1, 1989, exemptions issued under subsection (a) shall
be effective as of January 1, 1989. For applications
received on or after March 1, 1989, exemptions issued under
subsection (a) shall be effective beginning with the next
calendar quarter following issuance of the exemption.
(d) If the Agency denies a request made pursuant to
subsection (a), the applicant may seek review before the
Board pursuant to Section 40 as if the Agency had denied an
application for a permit. If the Agency fails to act within
90 days after receipt of an application, the request shall be
deemed granted until such time as the Agency has taken final
action.
(e) It shall be the duty of an owner or operator of a
sanitary landfill to keep accurate records and to prove to
the satisfaction of the Agency the volume or weight of solid
waste received under an exemption during a calendar year.
(Source: P.A. 85-1195.)
(415 ILCS 5/22.22) (from Ch. 111 1/2, par. 1022.22)
Sec. 22.22. Landscape waste.
(a) Beginning July 1, 1990, no person may knowingly mix
landscape waste that is intended for collection or for
disposal at a landfill with any other municipal waste.
(b) Beginning July 1, 1990, no person may knowingly put
landscape waste into a container intended for collection or
disposal at a landfill, unless such container is
biodegradable.
(c) Beginning July 1, 1990, no owner or operator of a
sanitary landfill shall accept landscape waste for final
disposal, except that landscape waste separated from
municipal waste may be accepted by a sanitary landfill if (1)
the landfill provides and maintains for that purpose separate
landscape waste composting facilities and composts all
landscape waste, and (2) the composted waste is utilized, by
the operators of the landfill or by any other person, as part
of the final vegetative cover for the landfill or for such
other uses as soil conditioning material, or the landfill has
received an Agency permit to use source separated and
processed landscape waste as an alternative daily cover and
the landscape waste is processed at a site, other than the
sanitary landfill, that has received an Agency permit before
July 30, the effective date of this amendatory Act of 1997 to
process landscape waste. For purposes of this Section, (i)
"source separated" means divided into its component parts at
the point of generation and collected separately from other
solid waste and (ii) "processed" means shredded by mechanical
means to reduce the landscape waste to a uniform consistency.
(d) The requirements of this Section shall not apply (i)
to landscape waste collected as part of a municipal street
sweeping operation where the intent is to provide street
sweeping service rather than leaf collection, nor (ii) to
landscape waste collected by bar screens or grates in a
sewage treatment system.
(Source: P.A. 90-266, eff. 7-30-97.)
(415 ILCS 5/22.23) (from Ch. 111 1/2, par. 1022.23)
Sec. 22.23. Batteries.
(a) Beginning September 1, 1990, any person selling
lead-acid batteries at retail or offering lead-acid batteries
for retail sale in this State shall:
(1) accept for recycling used lead-acid batteries
from customers, at the point of transfer, in a quantity
equal to the number of new batteries purchased; and
(2) post in a conspicuous place a written notice at
least 8.5 by 11 inches in size that includes the
universal recycling symbol and the following statements:
"DO NOT put motor vehicle batteries in the trash.";
"Recycle your used batteries."; and "State law requires
us to accept motor vehicle batteries for recycling, in
exchange for new batteries purchased.".
(b) Any person selling lead-acid batteries at retail in
this State may either charge a recycling fee on each new
lead-acid battery sold for which the customer does not return
a used battery to the retailer, or provide a recycling credit
to each customer who returns a used battery for recycling at
the time of purchasing a new one.
(c) Beginning September 1, 1990, no lead-acid battery
retailer may dispose of a used lead-acid battery except by
delivering it (1) to a battery wholesaler or its agent, (2)
to a battery manufacturer, (3) to a collection or recycling
facility, or (4) to a secondary lead smelter permitted by
either a state or federal environmental agency.
(d) Any person selling lead-acid batteries at wholesale
or offering lead-acid batteries for sale at wholesale shall
accept for recycling used lead-acid batteries from customers,
at the point of transfer, in a quantity equal to the number
of new batteries purchased. Such used batteries shall be
disposed of as provided in subsection (c).
(e) A person who accepts used lead-acid batteries for
recycling pursuant to subsection (a) or (d) shall not allow
such batteries to accumulate for periods of more than 90
days.
(f) Beginning September 1, 1990, no person may knowingly
cause or allow:
(1) the placing of a lead-acid battery into any
container intended for collection and disposal at a
municipal waste sanitary landfill; or
(2) the disposal of any lead-acid battery in any
municipal waste sanitary landfill or incinerator.
(g) The Department of Commerce and Community Affairs
shall identify and assist in developing alternative
processing and recycling options for used batteries.
(h) For the purpose of this Section:
"Lead-acid battery" means a battery containing lead and
sulfuric acid that has a nominal voltage of at least 6 volts
and is intended for use in motor vehicles.
"Motor vehicle" includes automobiles, vans, trucks,
tractors, motorcycles and motorboats.
(i) (Blank.) The Department shall study the problems
associated with household batteries that are processed or
disposed of as part of mixed solid waste, and shall develop
and implement a pilot project to collect and recycle used
household batteries. The Department shall report its
findings to the Governor and the General Assembly, together
with any recommendations for legislation, by November 1,
1991.
(j) Knowing violation of this Section shall be a petty
offense punishable by a fine of $100.
(Source: P.A. 89-445, eff. 2-7-96.)
(415 ILCS 5/22.23a)
Sec. 22.23a. Fluorescent and high intensity discharge
lamps.
(a) As used in this Section, "fluorescent or high
intensity discharge lamp" means a lighting device that
contains mercury and generates light through the discharge of
electricity either directly or indirectly through a
fluorescent coating, including a mercury vapor, high pressure
sodium, or metal halide lamp containing mercury, lead, or
cadmium.
(b) No person may knowingly cause or allow the disposal
of any fluorescent or high intensity discharge lamp in any
municipal waste incinerator beginning July 1, 1997. This
Section does not apply to lamps generated by households.
(c) (1) Hazardous fluorescent and high intensity
discharge lamps are hereby designated as a category of
universal waste subject to the streamlined hazardous
waste rules set forth in Title 35 of the Illinois
Administrative Code, Subtitle G, Chapter I, Subchapter c,
Part 733 ("Part 733"). Within 60 days of August 19, 1997
(the effective date of Public Act 90-502) this amendatory
Act of 1997 the Agency shall propose, and within 180 days
of receipt of the Agency's proposal the Board shall
adopt, rules that reflect this designation and that
prescribe procedures and standards for the management of
hazardous fluorescent and high intensity discharge lamps
as universal waste.
(2) If the United States Environmental Protection
Agency adopts streamlined hazardous waste regulations
pertaining to the management of fluorescent and high
intensity discharge lamps, or otherwise exempts those
lamps from regulation as hazardous waste, the Board shall
adopt an equivalent rule in accordance with Section 7.2
of this Act within 180 days of adoption of the federal
regulation. The equivalent Board rule may serve as an
alternative to the rules adopted under subdivision (1) of
this subsection.
(d) (Blank.) Until the Board adopts rules pursuant to
subsection (c), fluorescent and high intensity discharge
lamps shall be managed in accordance with existing laws and
regulations or under the following conditions:
(1) after being removed from service, the generator
stores the lamps in a safe manner that minimizes the
chance of breakage;
(2) no lamps are stored longer than 6 months from
the time they are removed from service;
(3) the generator delivers the lamps to a licensed
hauler that will deliver the lamps to a recycler; and
(4) the lamps are transported in a safe manner that
minimizes the chance of breakage.
(e) (Blank.) The Agency shall study the problem
associated with used fluorescent and high intensity discharge
lamps that are processed or disposed of as part of mixed
solid waste, and shall identify possible collection and
recycling systems for used fluorescent and high intensity
discharge lamps. The Agency shall report its findings to the
General Assembly and the Governor by January 1, 1998.
(Source: P.A. 89-619, eff. 1-1-97; 90-502, eff. 8-19-97.)
(415 ILCS 5/22.27) (from Ch. 111 1/2, par. 1022.27)
Sec. 22.27. Alternative Daily Cover for Sanitary
Landfills.
(a) The Agency shall investigate alternative materials
to soil as daily cover at sanitary landfills, including
chemical foam, grit and nonputrescible residuals from solid
waste recycling facilities, shredded tire material,
hydromulch produced from newsprint or other wastepaper, and
finished compost. The investigation shall include a
comparative cost analysis of each alternative material to
soil, environmental suitability of each material, and any
potential savings in landfill capacity resulting from the use
of an alternative cover material. The Agency shall report to
the General Assembly by September 1, 1992, on the feasibility
of alternative materials for daily cover at sanitary
landfills. If the Agency determines that any or all chemical
foams provides a cover material that is as good as, or better
than, the traditional soil cover commonly used in this State,
the Agency shall certify that material as meeting the
requirements of this Section. If the Agency determines that
any alternative materials other than chemical foams
adequately satisfies daily cover requirements at sanitary
landfills, it shall permit use of such materials at such
facilities. The Department shall cooperate with the Agency
in the conduct of the investigation and report required by
this subsection (a) of this Section.
(b) In complying with the daily cover requirements
imposed on sanitary landfills by Board regulation, the
operator of a sanitary landfill may use any foam that has
been certified by the Agency under this Section in place of a
soil cover.
(Source: P.A. 87-727.)
(415 ILCS 5/22.33)
Sec. 22.33. Compost quality standards.
(a) By January 1, 1994, the Agency shall develop and
make recommendations to the Board concerning (i) performance
standards for landscape waste compost facilities and (ii)
testing procedures and standards for the end-product compost
produced by landscape waste compost facilities.
The Agency, in cooperation with the Department, shall
appoint a Technical Advisory Committee for the purpose of
developing these recommendations. Among other things, the
Committee shall evaluate environmental and safety
considerations, compliance costs, and regulations adopted in
other states and countries. The Committee shall have
balanced representation and shall include members
representing academia, the composting industry, the
Department of Agriculture, the landscaping industry,
environmental organizations, municipalities, and counties.
Performance standards for landscape waste compost
facilities shall at a minimum include:
(1) the management of odor;
(2) the management of surface water;
(3) contingency planning for handling end-product
compost material that does not meet requirements of
subsection (b);
(4) plans for intended purposes of end-use product;
and
(5) a financial assurance plan necessary to restore
the site as specified in Agency permit.
(b) By December 1, 1997, the Board shall adopt:
(1) performance standards for landscape waste
compost facilities; and
(2) testing procedures and standards for the
end-product compost produced by landscape waste compost
facilities.
The Board shall evaluate the merits of different
standards for end-product compost applications.
(c) On-site composting that is used solely for the
purpose of composting landscape waste generated on-site and
that will not be offered for off-site sale or use is exempt
from any standards promulgated under subsections (a) and (b).
Subsection (b)(2) shall not apply to end-product compost used
as daily cover or vegetative amendment in the final layer.
Subsection (b) applies to any end-product compost offered for
sale or use in Illinois.
(Source: P.A. 87-1227; 88-690, eff. 1-24-95.)
(415 ILCS 5/22.40)
Sec. 22.40. Municipal solid waste landfill rules.
(a) In accordance with Sec. 7.2, the Board shall adopt
rules that are identical in substance to federal regulations
or amendments thereto promulgated by the Administrator of the
United States Environmental Protection Agency to implement
Sections 4004 and 4010 of the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580) insofar as those
regulations relate to a municipal solid waste landfill unit
program. The Board may consolidate into a single rulemaking
under this Section all such federal regulations adopted
within a period of time not to exceed 6 months. Where the
federal regulations authorize the State to adopt alternative
standards, schedules, or procedures to the standards,
schedules, or procedures contained in the federal
regulations, the Board may adopt alternative standards,
schedules, or procedures under subsection (b) or retain
existing Board rules that establish alternative standards,
schedules, or procedures that are not inconsistent with the
federal regulations. The Board may consolidate into a single
rulemaking under this Section all such federal regulations
adopted within a period of time not to exceed 6 months.
The provisions and requirements of Title VII of this Act
shall not apply to rules adopted under this subsection (a).
Section 5-35 of the Illinois Administrative Procedure Act
relating to the procedures for rulemaking shall not apply to
regulations adopted under this subsection (a).
(b) The Board may adopt regulations relating to a State
municipal solid waste landfill program that are not
inconsistent with the Resource Conservation and Recovery Act
of 1976 (P.L. 94-580), or regulations adopted thereunder.
Rules adopted under this subsection 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.
(c) (Blank.) Notwithstanding action by the Board, and
effective October 9, 1993, only for those facilities meeting
the conditions of 40 C.F.R. 258.1(e)(2) or 40 C.F.R.
258.1(e)(3), the deadlines established in subsections (d)(1)
and (t), as added by Public Act 88-496, of Section 21 and
subsections (a.5), (a.10), and (b) of Section 22.17 of this
Act are extended to those new dates established in
regulations promulgated by the United States Environmental
Protection Agency at 58 Federal Register 51536 (October 1,
1993); provided, however, no deadline for receipt of solid
waste is extended past October 9, 1994.
With respect to those facilities that qualify for an
extension in accordance with the provisions of 40 C.F.R.
258.1(e)(3), the Agency shall determine that the facilities
are needed to receive flood related waste from a federally
designated area within a major disaster area declared by the
President during the summer of 1993 pursuant to 42 U.S.C.
5121 et seq.
(Source: P.A. 88-496; 88-512; 88-540.)
(415 ILCS 5/22.43)
Sec. 22.43. Permit modifications for lateral expansions.
The Agency may issue a permit modification for a lateral
expansion, as defined in Section 3.275 Sec. 3.88 of this Act,
for an existing MSWLF unit under Section Sec. 39 of this Act
on or after the effective date of this amendatory Act of 1993
to a person required to obtain such a permit modification
under subsection (t) of Section 21 of this Act.
(Source: P.A. 88-496.)
(415 ILCS 5/22.44)
Sec. 22.44. Subtitle D management fees.
(a) There is created within the State treasury a special
fund to be known as the "Subtitle D Management Fund"
constituted from the fees collected by the State under this
Section.
(b) On and after January 1, 1994, the Agency shall
assess and collect a fee in the amount set forth in this
subsection from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency
to dispose of solid waste if the sanitary landfill is located
off the site where the waste was produced and if the sanitary
landfill is owned, controlled, and operated by a person other
than the generator of the waste. The Agency shall deposit
all fees collected under this subsection into the Subtitle D
Management Fund. If a site is contiguous to one or more
landfills owned or operated by the same person, the volumes
permanently disposed of by each landfill shall be combined
for purposes of determining the fee under this subsection.
(1) If more than 150,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall
either pay a fee of 5.5 cents per cubic yard or,
alternatively, the owner or operator may weigh the
quantity of the solid waste permanently disposed of with
a device for which certification has been obtained under
the Weights and Measures Act and pay a fee of 12 cents
per ton of waste permanently disposed of.
(2) If more than 100,000 cubic yards, but not more
than 150,000 cubic yards, of non-hazardous waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $3,825.
(3) If more than 50,000 cubic yards, but not more
than 100,000 cubic yards, of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $1,700.
(4) If more than 10,000 cubic yards, but not more
than 50,000 cubic yards, of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $530.
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay
a fee of $110.
(c) The fee under subsection (b) shall not apply to any
of the following:
(1) Hazardous waste.
(2) Pollution control waste.
(3) Waste from recycling, reclamation, or reuse
processes that have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render the wastes reusable, provided that the process
renders at least 50% of the waste reusable.
(4) Non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency.
(5) Any landfill that is permitted by the Agency to
receive only demolition or construction debris or
landscape waste.
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. These
rules shall include, but not be limited to the following:
(1) Necessary records identifying the quantities of
solid waste received or disposed.
(2) The form and submission of reports to accompany
the payment of fees to the Agency.
(3) The time and manner of payment of fees to the
Agency, which payments shall not be more often than
quarterly.
(4) Procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Fees collected under this Section shall be in
addition to any other fees collected under any other Section.
(f) The Agency shall not refund any fee paid to it under
this Section.
(g) Pursuant to appropriation, all moneys in the
Subtitle D Management Fund shall be used by the Agency to
administer the United States Environmental Protection
Agency's Subtitle D Program provided in Sections 4004 and
4010 of the Resource Conservation and Recovery Act of 1976
(P.L. 94-580) as it relates to a municipal solid waste
landfill program in Illinois and to fund a delegation of
inspecting, investigating, and enforcement functions, within
the municipality only, pursuant to subsection (r) of Section
4 of this Act to a municipality having a population of more
than 1,000,000 inhabitants. The Agency shall execute a
delegation agreement pursuant to subsection (r) of Section 4
of this Act with a municipality having a population of more
than 1,000,000 inhabitants within 90 days of September 13,
the effective date of this amendatory Act of 1993 and shall
on an annual basis distribute from the Subtitle D Management
Fund to that municipality no less than $150,000.
(Source: P.A. 90-655, eff. 7-30-98.)
(415 ILCS 5/22.45)
Sec. 22.45. Subtitle D management fee exemptions;
pre-existing contracts.
(a) The Agency shall grant exemptions from the fee
requirements of Section 22.44 of this Act for permanent
disposal or transport of solid waste meeting all of the
following criteria:
(1) Permanent disposal of the solid waste is
pursuant to a written contract between the owner or
operator of the sanitary landfill and some other person,
or transport of the solid waste is pursuant to a written
contract between the transporter and some other person.
(2) The contract for permanent disposal or
transport of solid waste was lawfully executed on or
before September 13, the effective date of this
amendatory Act of 1993 and by its express terms continues
beyond January 1, 1994.
(3) The contract for permanent disposal or
transport of solid waste establishes a fixed fee or
compensation, does not allow the operator or transporter
to pass the fee through to another party, and does not
allow voluntary cancellation or renegotiation of the
compensation or fee during the term of the contract.
(4) The contract was lawfully executed on or before
September 13, the effective date of this amendatory Act
of 1993 and has not been amended at any time after that
date.
(b) Exemptions granted under this Section shall cause
the solid waste received by an owner or operator of a
sanitary landfill pursuant to a contract exempted under this
Section to be disregarded in calculating the volume or weight
of solid waste permanently disposed of during a calendar year
under Section 22.44 of this Act.
(c) An owner or operator of a sanitary landfill shall
keep accurate records and prove, to the satisfaction of the
Agency, the volume or weight of solid waste received under an
exemption during a calendar year.
(d) Exemptions under this Section shall expire upon the
expiration, renewal, or amendment of the exempted contract,
whichever occurs first.
(e) For the purposes of this Section, the term "some
other person" shall only include persons that are independent
operating entities. For purposes of this Section, a person
is not an independent operating entity if:
(1) the person has any officers or directors that
are also officers or directors of the sanitary landfill
or transporter;
(2) the person is a parent corporation, subsidiary,
or affiliate of the owner or operator of the sanitary
landfill or transporter; or
(3) the person and the owner or operator of the
sanitary landfill or transporter are owned by the same
entity.
(Source: P.A. 88-496.)
(415 ILCS 5/22.47)
Sec. 22.47. School district hazardous educational waste
collection.
(a) The Agency shall develop, implement, and fund
(through appropriations for that purpose from the General
Revenue Fund) a program to collect school district hazardous
educational waste from school districts and schools in the
State. The program shall provide for the availability for
collection, transportation, and appropriate management of
hazardous educational wastes for each school district or
school by private contractors at least every 3 years.
(b) A school district or school may participate in a
hazardous educational waste collection program by:
(1) Notifying the Agency of the hazardous
educational wastes used by the school district or school
and including the following information:
(A) Waste types.
(B) Waste volumes.
(C) Number of containers.
(D) Condition of containers.
(E) Location of containers.
(2) Maintaining wastes in the original containers,
if practical.
(3) Labeling each container if contents are known.
(4) Following Agency instructions on waste
segregation, preparation, or delivery for subsequent
handling.
(c) The Agency shall accept applications from school
districts or schools throughout the year. The Agency shall
designate waste haulers throughout the State qualified to
remove school district hazardous waste at the request of a
school district or school. By March 1 and September 1 of
each year the Agency shall prepare a schedule of school
districts or schools that have been selected for collections
over the next 6 months. The selections shall be based on the
waste types and volumes, geographic distribution, order of
application, and expected costs balanced by available
resources. The Agency shall notify each selected school or
school district of the date of collection and instruction on
waste preparation.
(d) For purposes of this Section "hazardous educational
waste" means a waste product that could pose a hazard during
normal storage, transportation, or disposal generated from an
instructional curriculum including laboratory wastes, expired
chemicals, unstable compounds, and toxic or flammable
materials. "Hazardous educational waste" does not include
wastes generated as a result of building, grounds, or vehicle
maintenance, asbestos abatement, lead paint abatement, or
other non-curriculum activities.
(e) (Blank.) By January 1, 1997, the agency shall submit
a report to the General Assembly on the status of the school
district hazardous educational waste collection program
detailing the amounts, types, and locations of wastes
collected, costs of the program, evaluation of the program,
and recommendations for future legislative actions.
(f) The Agency is authorized to use funds from the Solid
Waste Management Fund to implement this Section.
(Source: P.A. 89-300, eff. 1-1-96.)
(415 ILCS 5/22.48)
Sec. 22.48. Non-special waste certification; effect on
permit.
(a) An industrial process waste or pollution control
waste not within the exception set forth in subdivision (2)
of subsection (c) of Section 3.475 3.45 of this Act must be
managed as special waste unless the generator first certifies
in a signed, dated, written statement that the waste is
outside the scope of the categories listed in subdivision (1)
of subsection (c) of Section 3.475 3.45 of this Act.
(b) All information used to determine that the waste is
not a special waste shall be attached to the certification.
The information shall include but not be limited to:
(1) the means by which the generator has determined
that the waste is not a hazardous waste;
(2) the means by which the generator has determined
that the waste is not a liquid;
(3) if the waste undergoes testing, the analytic
results obtained from testing, signed and dated by the
person responsible for completing the analysis;
(4) if the waste does not undergo testing, an
explanation as to why no testing is needed;
(5) a description of the process generating the
waste; and
(6) relevant Material Data Safety Sheets.
(c) Certification made pursuant to this Section shall be
effective from the date signed until there is a change in the
generator, in the raw materials used, or in the process
generating the waste.
(d) Certification made pursuant to this Section, with
the requisite attachments, shall be maintained by the
certifying generator while effective and for at least 3 years
following a change in the generator, a change in the raw
materials used, or a change in or termination of the process
generating the waste. The generator shall provide a copy of
the certification, upon request by the Agency, the waste
hauler, or the operator of the facility receiving the waste
for storage, treatment, or disposal, to the party requesting
the copy. If the Agency believes that the waste that is the
subject of the certification has been inaccurately certified
to, the Agency may require the generator to analytically test
the waste for the constituent believed to be present and
provide the Agency with a copy of the analytic results.
(e) A person who knowingly and falsely certifies that a
waste is not special waste is subject to the penalties set
forth in subdivision (6) of subsection (h) of Section 44 of
this Act.
(f) To the extent that a term or condition of an
existing permit requires the permittee to manage as special
waste a material that is made a non-special waste under
Public Act 90-502 this amendatory Act of 1997, that term or
condition is hereby superseded, and the permittee may manage
that material as a non-special waste, even if the material is
identified in the permit as part of a particular waste stream
rather than identified specifically as a special waste.
(Source: P.A. 90-502, eff. 8-19-97.)
(415 ILCS 5/25b-5) (from Ch. 111 1/2, par. 1025b-5)
Sec. 25b-5. Review of toxic chemical status. The Agency
shall periodically review the status of toxic chemicals and
types of facilities covered under the reporting requirements
of Section 313 of the federal Emergency Planning and
Community Right-to-Know Act of 1986. On or before January 1,
1989, and after providing an opportunity for public comment,
the Agency shall submit to the Governor a list of toxic
chemicals and facilities not currently covered under that Act
which it believes may pose a threat to public health and the
environment in Illinois. Within 60 days thereafter, the
Governor shall either petition the Administrator of the
United States Environmental Protection Agency to modify the
lists of chemicals and facilities currently covered pursuant
to Section 313 according to the Agency's recommendations, or
refer the matter back to the Agency for further consideration
in accordance with his written recommendations for change.
(Source: P.A. 85-927.)
(415 ILCS 5/28.5) (from Ch. 111 1/2, par. 1028.5)
(Section scheduled to be repealed on December 31, 2002.)
Sec. 28.5. Clean Air Act rules; fast-track.
(a) This Section shall apply solely to the adoption of
rules proposed by the Agency and required to be adopted by
the State under the Clean Air Act as amended by the Clean Air
Act Amendments of 1990 (CAAA).
(b) This Section is repealed on December 31, 2007 2002.
(c) For purposes of this Section, a "fast-track"
rulemaking proceeding is a proceeding to promulgate a rule
that the CAAA requires to be adopted. For purposes of this
Section, "requires to be adopted" refers only to those
regulations or parts of regulations for which the United
States Environmental Protection Agency is empowered to impose
sanctions against the State for failure to adopt such rules.
All fast-track rules must be adopted under procedures set
forth in this Section, unless another provision of this Act
specifies the method for adopting a specific rule.
(d) When the CAAA requires rules other than identical in
substance rules to be adopted, upon request by the Agency,
the Board shall adopt rules under fast-track rulemaking
requirements.
(e) The Agency shall submit its fast-track rulemaking
proposal in the following form:
(1) The Agency shall file the rule in a form that
meets the requirements of the Illinois Administrative
Procedure Act and regulations promulgated thereunder.
(2) The cover sheet of the proposal shall
prominently state that the rule is being proposed under
this Section.
(3) The proposal shall clearly identify the
provisions and portions of the federal statute,
regulations, guidance, policy statement, or other
documents upon which the rule is based.
(4) The supporting documentation for the rule shall
summarize the basis of the rule.
(5) The Agency shall describe in general the
alternative selected and the basis for the alternative.
(6) The Agency shall file a summary of economic and
technical data upon which it relied in drafting the rule.
(7) The Agency shall provide a list of any
documents upon which it directly relied in drafting the
rule or upon which it intends to rely at the hearings and
shall provide such documents to the Board. Additionally,
the Agency shall make such documents available at an
appropriate location for inspection and copying at the
expense of the interested party.
(8) The Agency shall include in its submission a
description of the geographical area to which the rule is
intended to apply, a description of the process or
processes affected, an identification by classes of the
entities expected to be affected, and a list of sources
expected to be affected by the rule to the extent known
to the Agency.
(f) Within 14 days of receipt of the proposal, the Board
shall file the rule for first notice under the Illinois
Administrative Procedure Act and shall schedule all required
hearings on the proposal and cause public notice to be given
in accordance with the Illinois Administrative Procedure Act
and the CAAA.
(g) The Board shall set 3 hearings on the proposal, each
of which shall be scheduled to continue from day to day,
excluding weekends and State and federal holidays, until
completed. The Board shall require the written submission of
all testimony at least 10 days before a hearing, with
simultaneous service to all participants of record in the
proceeding as of 15 days prior to hearing, unless a waiver is
granted by the Board for good cause. In order to further
expedite the hearings, presubmitted testimony shall be
accepted into the record without the reading of the testimony
at hearing, provided that the witness swears to the testimony
and is available for questioning, and the Board shall make
every effort to conduct the proceedings expeditiously and
avoid duplication and extraneous material.
(1) The first hearing shall be held within 55 days
of receipt of the rule and shall be confined to testimony
by and questions of the Agency's witnesses concerning the
scope, applicability, and basis of the rule. Within 7
days after the first hearing, any person may request that
the second hearing be held.
(A) If, after the first hearing, the Agency
and affected entities are in agreement on the rule,
the United States Environmental Protection Agency
has not informed the Board of any unresolved
objection to the rule, and no other interested party
contests the rule or asks for the opportunity to
present additional evidence, the Board may cancel
the additional hearings. When the Board adopts the
final order under these circumstances, it shall be
based on the Agency's proposal as agreed to by the
parties.
(B) If, after the first hearing, the Agency
and affected entities are in agreement upon a
portion of the rule, the United States Environmental
Protection Agency has not informed the Board of any
unresolved objections to that agreed portion of the
rule, and no other interested party contests that
agreed portion of the rule or asks for the
opportunity to present additional evidence, the
Board shall proceed to the second hearing, as
provided in paragraph (2) of subsection (g) of this
Section, but the hearing shall be limited in scope
to the unresolved portion of the proposal. When the
Board adopts the final order under these
circumstances, it shall be based on such portion of
the Agency's proposal as agreed to by the parties.
(2) The second hearing shall be scheduled to
commence within 30 days of the first day of the first
hearing and shall be devoted to presentation of
testimony, documents, and comments by affected entities
and all other interested parties.
(3) The third hearing shall be scheduled to
commence within 14 days after the first day of the second
hearing and shall be devoted solely to any Agency
response to the material submitted at the second hearing
and to any response by other parties. The third hearing
shall be cancelled if the Agency indicates to the Board
that it does not intend to introduce any additional
material.
(h) In any fast-track rulemaking proceeding, the Board
shall accept evidence and comments on the economic impact of
any provision of the rule and shall consider the economic
impact of the rule based on the record. The Board may order
an economic impact study in a manner that will not prevent
adoption of the rule within the time required by subsection
(o) of this Section.
(i) In all fast-track rulemakings under this Section,
the Board shall take into account factors set forth in
subsection (a) of Section 27 of this Act.
(j) The Board shall adopt rules in the fast-track
rulemaking docket under the requirements of this Section that
the CAAA requires to be adopted, and may consider a
non-required rule in a second docket that shall proceed under
Title VII of this Act.
(k) The Board is directed to take whatever measures are
available to it to complete fast-track rulemaking as
expeditiously as possible consistent with the need for
careful consideration. These measures shall include, but not
be limited to, having hearings transcribed on an expedited
basis.
(l) Following the hearings, the Board shall close the
record 14 days after the availability of the transcript.
(m) The Board shall not revise or otherwise change an
Agency fast-track rulemaking proposal without agreement of
the Agency until after the end of the hearing and comment
period. Any revisions to an Agency proposal shall be based
on the record of the proceeding.
(n) All rules adopted by the Board under this Section
shall be based solely on the record before it.
(o) The Board shall complete a fast-track rulemaking by
adopting a second notice order no later than 130 days after
receipt of the proposal if no third hearing is held and no
later than 150 days if the third hearing is held. If the
order includes a rule, the Illinois Board shall file the rule
for second notice under the Illinois Administrative Procedure
Act within 5 days after adoption of the order.
(p) Upon receipt of a statement of no objection to the
rule from the Joint Committee on Administrative Rules, the
Board shall adopt the final order and submit the rule to the
Secretary of State for publication and certification within
21 days.
(Source: P.A. 90-265, eff. 7-30-97.)
(415 ILCS 5/30) (from Ch. 111 1/2, par. 1030)
Sec. 30. Investigations. The Agency shall cause
investigations to be made upon the request of the Board or
upon receipt of information concerning an alleged violation
of this Act or of any rule or regulation promulgated
thereunder, or of any permit granted by the Agency or any
term or condition of any such permit, and may cause to be
made such other investigations as it shall deem advisable.
(Source: P.A. 78-862.)
(415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)
Sec. 31. Notice; complaint; hearing.
(a) (1) Within 180 days of becoming aware of an alleged
violation of the Act or any rule adopted under the Act or
of a permit granted by the Agency or condition of the
permit, the Agency shall issue and serve, by certified
mail, upon the person complained against a written notice
informing that person that the Agency has evidence of the
alleged violation. At a minimum, the written notice
shall contain:
(A) notification to the person complained
against of the requirement to submit a written
response addressing the violations alleged and the
option to meet with appropriate agency personnel to
resolve any alleged violations that could lead to
the filing of a formal complaint;
(B) a detailed explanation by the Agency of
the violations alleged;
(C) an explanation by the Agency of the
actions that the Agency believes may resolve the
alleged violations, including an estimate of a
reasonable time period for the person complained
against to complete the suggested resolution; and
(D) an explanation of any alleged violation
that the Agency believes cannot be resolved without
the involvement of the Office of the Illinois
Attorney General or the State's Attorney of the
county in which the alleged violation occurred and
the basis for the Agency's belief.
(2) A written response to the violations alleged
shall be submitted to the Agency, by certified mail,
within 45 days of receipt of notice by the person
complained against, unless the Agency agrees to an
extension. The written response shall include:
(A) information in rebuttal, explanation or
justification of each alleged violation;
(B) a proposed Compliance Commitment Agreement
that includes specified times for achieving each
commitment and which may consist of a statement
indicating that the person complained against
believes that compliance has been achieved; and
(C) a request for a meeting with appropriate
Agency personnel if a meeting is desired by the
person complained against.
(3) If the person complained against fails to
respond in accordance with the requirements of
subdivision (2) of this subsection (a), the failure to
respond shall be considered a waiver of the requirements
of this subsection (a) and nothing in this Section shall
preclude the Agency from proceeding pursuant to
subsection (b) of this Section.
(4) A meeting requested pursuant to subdivision (2)
of this subsection (a) shall be held without a
representative of the Office of the Illinois Attorney
General or the State's Attorney of the county in which
the alleged violation occurred, within 60 days of receipt
of notice by the person complained against, unless the
Agency agrees to a postponement. At the meeting, the
Agency shall provide an opportunity for the person
complained against to respond to each alleged violation,
suggested resolution, and suggested implementation time
frame, and to suggest alternate resolutions.
(5) If a meeting requested pursuant to subdivision
(2) of this subsection (a) is held, the person complained
against shall, within 21 days following the meeting or
within an extended time period as agreed to by the
Agency, submit by certified mail to the Agency a written
response to the alleged violations. The written response
shall include:
(A) additional information in rebuttal,
explanation or justification of each alleged
violation;
(B) a proposed Compliance Commitment Agreement
that includes specified times for achieving each
commitment and which may consist of a statement
indicating that the person complained against
believes that compliance has been achieved; and
(C) a statement indicating that, should the
person complained against so wish, the person
complained against chooses to rely upon the initial
written response submitted pursuant to subdivision
(2) of this subsection (a).
(6) If the person complained against fails to
respond in accordance with the requirements of
subdivision (5) of this subsection (a), the failure to
respond shall be considered a waiver of the requirements
of this subsection (a) and nothing in this Section shall
preclude the Agency from proceeding pursuant to
subsection (b) of this Section.
(7) Within 30 days of the Agency's receipt of a
written response submitted by the person complained
against pursuant to subdivision (2) of this subsection
(a), if a meeting is not requested, or subdivision (5) of
this subsection (a), if a meeting is held, or within a
later time period as agreed to by the Agency and the
person complained against, the Agency shall issue and
serve, by certified mail, upon the person complained
against a written notice informing the person of its
acceptance, rejection, or proposed modification to the
proposed Compliance Commitment Agreement as contained
within the written response.
(8) Nothing in this subsection (a) is intended to
require the Agency to enter into Compliance Commitment
Agreements for any alleged violation that the Agency
believes cannot be resolved without the involvement of
the Office of the Attorney General or the State's
Attorney of the county in which the alleged violation
occurred, for, among other purposes, the imposition of
statutory penalties.
(9) The Agency's failure to respond to a written
response submitted pursuant to subdivision (2) of this
subsection (a), if a meeting is not requested, or
subdivision (5) of this subsection (a), if a meeting is
held, within 30 days, or within the time period otherwise
agreed to in writing by the Agency and the person
complained against, shall be deemed an acceptance by the
Agency of the proposed Compliance Commitment Agreement
for the violations alleged in the written notice issued
under subdivision (1) of this subsection (a) as contained
within the written response.
(10) If the person complained against complies with
the terms of a Compliance Commitment Agreement accepted
pursuant to this subsection (a), the Agency shall not
refer the alleged violations which are the subject of the
Compliance Commitment Agreement to the Office of the
Illinois Attorney General or the State's Attorney of the
county in which the alleged violation occurred. However,
nothing in this subsection is intended to preclude the
Agency from continuing negotiations with the person
complained against or from proceeding pursuant to the
provisions of subsection (b) of this Section for alleged
violations which remain the subject of disagreement
between the Agency and the person complained against
following fulfillment of the requirements of this
subsection (a).
(11) Nothing in this subsection (a) is intended to
preclude the person complained against from submitting to
the Agency, by certified mail, at any time, notification
that the person complained against consents to waiver of
the requirements of subsections (a) and (b) of this
Section.
(b) For alleged violations that remain the subject of
disagreement between the Agency and the person complained
against following fulfillment of the requirements of
subsection (a) of this Section, and as a precondition to the
Agency's referral or request to the Office of the Illinois
Attorney General or the State's Attorney of the county in
which the alleged violation occurred for legal representation
regarding an alleged violation that may be addressed pursuant
to subsection (c) or (d) of this Section or pursuant to
Section 42 of this Act, the Agency shall issue and serve, by
certified mail, upon the person complained against a written
notice informing that person that the Agency intends to
pursue legal action. Such notice shall notify the person
complained against of the violations to be alleged and offer
the person an opportunity to meet with appropriate Agency
personnel in an effort to resolve any alleged violations that
could lead to the filing of a formal complaint. The meeting
with Agency personnel shall be held within 30 days of receipt
of notice served pursuant to this subsection upon the person
complained against, unless the Agency agrees to a
postponement or the person notifies the Agency that he or she
will not appear at a meeting within the 30 day time period.
Nothing in this subsection is intended to preclude the Agency
from following the provisions of subsection (c) or (d) of
this Section or from requesting the legal representation of
the Office of the Illinois Attorney General or the State's
Attorney of the county in which the alleged violations
occurred for alleged violations which remain the subject of
disagreement between the Agency and the person complained
against after the provisions of this subsection are
fulfilled.
(c) (1) For alleged violations which remain the subject
of disagreement between the Agency and the person
complained against following waiver, pursuant to
subdivision (10) of subsection (a) of this Section, or
fulfillment of the requirements of subsections (a) and
(b) of this Section, the Office of the Illinois Attorney
General or the State's Attorney of the county in which
the alleged violation occurred shall issue and serve upon
the person complained against a written notice, together
with a formal complaint, which shall specify the
provision of the Act or the rule or regulation or permit
or term or condition thereof under which such person is
said to be in violation, and a statement of the manner
in, and the extent to which such person is said to
violate the Act or such rule or regulation or permit or
term or condition thereof and shall require the person so
complained against to answer the charges of such formal
complaint at a hearing before the Board at a time not
less than 21 days after the date of notice by the Board,
except as provided in Section 34 of this Act. Such
complaint shall be accompanied by a notification to the
defendant that financing may be available, through the
Illinois Environmental Facilities Financing Act, to
correct such violation. A copy of such notice of such
hearings shall also be sent to any person that has
complained to the Agency respecting the respondent within
the six months preceding the date of the complaint, and
to any person in the county in which the offending
activity occurred that has requested notice of
enforcement proceedings; 21 days notice of such hearings
shall also be published in a newspaper of general
circulation in such county. The respondent may file a
written answer, and at such hearing the rules prescribed
in Sections 32 and 33 of this Act shall apply. In the
case of actual or threatened acts outside Illinois
contributing to environmental damage in Illinois, the
extraterritorial service-of-process provisions of
Sections 2-208 and 2-209 of the Code of Civil Procedure
shall apply.
With respect to notices served pursuant to this
subsection (c)(1) which involve hazardous material or
wastes in any manner, the Agency shall annually publish a
list of all such notices served. The list shall include
the date the investigation commenced, the date notice was
sent, the date the matter was referred to the Attorney
General, if applicable, and the current status of the
matter.
(2) Notwithstanding the provisions of subdivision
(1) of this subsection (c), whenever a complaint has been
filed on behalf of the Agency or by the People of the
State of Illinois, the parties may file with the Board a
stipulation and proposal for settlement accompanied by a
request for relief from the requirement of a hearing
pursuant to subdivision (1). Unless the Board, in its
discretion, concludes that a hearing will be held, the
Board shall cause notice of the stipulation, proposal and
request for relief to be published and sent in the same
manner as is required for hearing pursuant to subdivision
(1) of this subsection. The notice shall include a
statement that any person may file a written demand for
hearing within 21 days after receiving the notice. If any
person files a timely written demand for hearing, the
Board shall deny the request for relief from a hearing
and shall hold a hearing in accordance with the
provisions of subdivision (1).
(3) Notwithstanding the provisions of subdivision
(1) of this subsection (c), if the Agency becomes aware
of a violation of this Act arising from, or as a result
of, voluntary pollution prevention activities, the Agency
shall not proceed with the written notice required by
subsection (a) of this Section unless:
(A) the person fails to take corrective action
or eliminate the reported violation within a
reasonable time; or
(B) the Agency believes that the violation
poses a substantial and imminent danger to the
public health or welfare or the environment. For
the purposes of this item (B), "substantial and
imminent danger" means a danger with a likelihood of
serious or irreversible harm.
(d) Any person may file with the Board a complaint,
meeting the requirements of subsection (c) of this Section,
against any person allegedly violating this Act or any rule
or regulation thereunder or any permit or term or condition
thereof. The complainant shall immediately serve a copy of
such complaint upon the person or persons named therein.
Unless the Board determines that such complaint is
duplicative duplicitous or frivolous, it shall schedule a
hearing and serve written notice thereof upon the person or
persons named therein, in accord with subsection (c) of this
Section.
(e) In hearings before the Board under this Title the
burden shall be on the Agency or other complainant to show
either that the respondent has caused or threatened to cause
air or water pollution or that the respondent has violated or
threatens to violate any provision of this Act or any rule or
regulation of the Board or permit or term or condition
thereof. If such proof has been made, the burden shall be on
the respondent to show that compliance with the Board's
regulations would impose an arbitrary or unreasonable
hardship.
(f) The provisions of this Section shall not apply to
administrative citation actions commenced under Section 31.1
of this Act.
(Source: P.A. 88-145; 89-596, eff. 8-1-96.)
(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
Sec. 39. Issuance of permits; procedures.
(a) When the Board has by regulation required a permit
for the construction, installation, or operation of any type
of facility, equipment, vehicle, vessel, or aircraft, the
applicant shall apply to the Agency for such permit and it
shall be the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of regulations hereunder. The Agency shall adopt such
procedures as are necessary to carry out its duties under
this Section. In granting permits the Agency may impose such
conditions as may be necessary to accomplish the purposes of
this Act, and as are not inconsistent with the regulations
promulgated by the Board hereunder. Except as otherwise
provided in this Act, a bond or other security shall not be
required as a condition for the issuance of a permit. If the
Agency denies any permit under this Section, the Agency shall
transmit to the applicant within the time limitations of this
Section specific, detailed statements as to the reasons the
permit application was denied. Such statements shall
include, but not be limited to the following:
(i) the Sections of this Act which may be violated
if the permit were granted;
(ii) the provision of the regulations, promulgated
under this Act, which may be violated if the permit were
granted;
(iii) the specific type of information, if any,
which the Agency deems the applicant did not provide the
Agency; and
(iv) a statement of specific reasons why the Act
and the regulations might not be met if the permit were
granted.
If there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued; except that this time period
shall be extended to 180 days when (1) notice and opportunity
for public hearing are required by State or federal law or
regulation, (2) the application which was filed is for any
permit to develop a landfill subject to issuance pursuant to
this subsection, or (3) the application that was filed is for
a MSWLF unit required to issue public notice under subsection
(p) of Section 39. The 90-day and 180-day time periods for
the Agency to take final action do not apply to NPDES permit
applications under subsection (b) of this Section, to RCRA
permit applications under subsection (d) of this Section, or
to UIC permit applications under subsection (e) of this
Section.
The Agency shall publish notice of all final permit
determinations for development permits for MSWLF units and
for significant permit modifications for lateral expansions
for existing MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
After January 1, 1994 and until July 1, 1998, operating
permits issued under this Section by the Agency for sources
of air pollution permitted to emit less than 25 tons per year
of any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed
only upon written request by the Agency consistent with
applicable provisions of this Act and regulations promulgated
hereunder. Such operating permits shall expire 180 days
after the date of such a request. The Board shall revise its
regulations for the existing State air pollution operating
permit program consistent with this provision by January 1,
1994.
After June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution that are
not subject to Section 39.5 of this Act and are not required
to have a federally enforceable State operating permit shall
be required to be renewed only upon written request by the
Agency consistent with applicable provisions of this Act and
its rules. Such operating permits shall expire 180 days
after the date of such a request. Before July 1, 1998, the
Board shall revise its rules for the existing State air
pollution operating permit program consistent with this
paragraph and shall adopt rules that require a source to
demonstrate that it qualifies for a permit under this
paragraph.
(b) The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the Federal
Water Pollution Control Act, as now or hereafter amended,
within the jurisdiction of the State, or into any well.
All NPDES permits shall contain those terms and
conditions, including but not limited to schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act.
The Agency may issue general NPDES permits for discharges
from categories of point sources which are subject to the
same permit limitations and conditions. Such general permits
may be issued without individual applications and shall
conform to regulations promulgated under Section 402 of the
Federal Water Pollution Control Act, as now or hereafter
amended.
The Agency may include, among such conditions, effluent
limitations and other requirements established under this
Act, Board regulations, the Federal Water Pollution Control
Act, as now or hereafter amended, and regulations pursuant
thereto, and schedules for achieving compliance therewith at
the earliest reasonable date.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
The Agency, subject to any conditions which may be
prescribed by Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act or
by regulations of the Board without the requirement of a
variance, subject to the Federal Water Pollution Control Act,
as now or hereafter amended, and regulations pursuant
thereto.
(c) Except for those facilities owned or operated by
sanitary districts organized under the Metropolitan Water
Reclamation District Act, no permit for the development or
construction of a new pollution control facility may be
granted by the Agency unless the applicant submits proof to
the Agency that the location of the facility has been
approved by the County Board of the county if in an
unincorporated area, or the governing body of the
municipality when in an incorporated area, in which the
facility is to be located in accordance with Section 39.2 of
this Act.
In the event that siting approval granted pursuant to
Section 39.2 has been transferred to a subsequent owner or
operator, that subsequent owner or operator may apply to the
Agency for, and the Agency may grant, a development or
construction permit for the facility for which local siting
approval was granted. Upon application to the Agency for a
development or construction permit by that subsequent owner
or operator, the permit applicant shall cause written notice
of the permit application to be served upon the appropriate
county board or governing body of the municipality that
granted siting approval for that facility and upon any party
to the siting proceeding pursuant to which siting approval
was granted. In that event, the Agency shall conduct an
evaluation of the subsequent owner or operator's prior
experience in waste management operations in the manner
conducted under subsection (i) of Section 39 of this Act.
Beginning August 20, 1993, if the pollution control
facility consists of a hazardous or solid waste disposal
facility for which the proposed site is located in an
unincorporated area of a county with a population of less
than 100,000 and includes all or a portion of a parcel of
land that was, on April 1, 1993, adjacent to a municipality
having a population of less than 5,000, then the local siting
review required under this subsection (c) in conjunction with
any permit applied for after that date shall be performed by
the governing body of that adjacent municipality rather than
the county board of the county in which the proposed site is
located; and for the purposes of that local siting review,
any references in this Act to the county board shall be
deemed to mean the governing body of that adjacent
municipality; provided, however, that the provisions of this
paragraph shall not apply to any proposed site which was, on
April 1, 1993, owned in whole or in part by another
municipality.
In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency prior to
August 31, 1989 for any portion of the facility, then the
Agency may not issue or renew any development permit nor
issue an original operating permit for any portion of such
facility unless the applicant has submitted proof to the
Agency that the location of the facility has been approved by
the appropriate county board or municipal governing body
pursuant to Section 39.2 of this Act.
After January 1, 1994, if a solid waste disposal
facility, any portion for which an operating permit has been
issued by the Agency, has not accepted waste disposal for 5
or more consecutive calendars years, before that facility may
accept any new or additional waste for disposal, the owner
and operator must obtain a new operating permit under this
Act for that facility unless the owner and operator have
applied to the Agency for a permit authorizing the temporary
suspension of waste acceptance. The Agency may not issue a
new operation permit under this Act for the facility unless
the applicant has submitted proof to the Agency that the
location of the facility has been approved or re-approved by
the appropriate county board or municipal governing body
under Section 39.2 of this Act after the facility ceased
accepting waste.
Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil fuel mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
Before beginning construction on any new sewage treatment
plant or sludge drying site to be owned or operated by a
sanitary district organized under the Metropolitan Water
Reclamation District Act for which a new permit (rather than
the renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be
located, or within the nearest community if the proposed
facility is to be located within an unincorporated area, at
which information concerning the proposed facility shall be
made available to the public, and members of the public shall
be given the opportunity to express their views concerning
the proposed facility.
The Agency may issue a permit for a municipal waste
transfer station without requiring approval pursuant to
Section 39.2 provided that the following demonstration is
made:
(1) the municipal waste transfer station was in
existence on or before January 1, 1979 and was in
continuous operation from January 1, 1979 to January 1,
1993;
(2) the operator submitted a permit application to
the Agency to develop and operate the municipal waste
transfer station during April of 1994;
(3) the operator can demonstrate that the county
board of the county, if the municipal waste transfer
station is in an unincorporated area, or the governing
body of the municipality, if the station is in an
incorporated area, does not object to resumption of the
operation of the station; and
(4) the site has local zoning approval.
(d) The Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for
the treatment, storage, or disposal of hazardous waste as
defined under this Act.
All RCRA permits shall contain those terms and
conditions, including but not limited to schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act. The Agency may include among
such conditions standards and other requirements established
under this Act, Board regulations, the Resource Conservation
and Recovery Act of 1976 (P.L. 94-580), as amended, and
regulations pursuant thereto, and may include schedules for
achieving compliance therewith as soon as possible. The
Agency shall require that a performance bond or other
security be provided as a condition for the issuance of a
RCRA permit.
In the case of a permit to operate a hazardous waste or
PCB incinerator as defined in subsection (k) of Section 44,
the Agency shall require, as a condition of the permit, that
the operator of the facility perform such analyses of the
waste to be incinerated as may be necessary and appropriate
to ensure the safe operation of the incinerator.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, and
regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception
of trade secrets, at the office of the county board or
governing body of the municipality. Such documents may be
copied upon payment of the actual cost of reproduction during
regular business hours of the local office. The Agency shall
issue a written statement concurrent with its grant or denial
of the permit explaining the basis for its decision.
(e) The Agency may issue UIC permits exclusively under
this subsection to persons owning or operating a facility for
the underground injection of contaminants as defined under
this Act.
All UIC permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
as amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith. The Agency
shall require that a performance bond or other security be
provided as a condition for the issuance of a UIC permit.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection, all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception
of trade secrets, at the office of the county board or
governing body of the municipality. Such documents may be
copied upon payment of the actual cost of reproduction during
regular business hours of the local office. The Agency shall
issue a written statement concurrent with its grant or denial
of the permit explaining the basis for its decision.
(f) In making any determination pursuant to Section 9.1
of this Act:
(1) The Agency shall have authority to make the
determination of any question required to be determined
by the Clean Air Act, as now or hereafter amended, this
Act, or the regulations of the Board, including the
determination of the Lowest Achievable Emission Rate,
Maximum Achievable Control Technology, or Best Available
Control Technology, consistent with the Board's
regulations, if any.
(2) The Agency shall, after conferring with the
applicant, give written notice to the applicant of its
proposed decision on the application including the terms
and conditions of the permit to be issued and the facts,
conduct or other basis upon which the Agency will rely to
support its proposed action.
(3) Following such notice, the Agency shall give
the applicant an opportunity for a hearing in accordance
with the provisions of Sections 10-25 through 10-60 of
the Illinois Administrative Procedure Act.
(g) The Agency shall include as conditions upon all
permits issued for hazardous waste disposal sites such
restrictions upon the future use of such sites as are
reasonably necessary to protect public health and the
environment, including permanent prohibition of the use of
such sites for purposes which may create an unreasonable risk
of injury to human health or to the environment. After
administrative and judicial challenges to such restrictions
have been exhausted, the Agency shall file such restrictions
of record in the Office of the Recorder of the county in
which the hazardous waste disposal site is located.
(h) A hazardous waste stream may not be deposited in a
permitted hazardous waste site unless specific authorization
is obtained from the Agency by the generator and disposal
site owner and operator for the deposit of that specific
hazardous waste stream. The Agency may grant specific
authorization for disposal of hazardous waste streams only
after the generator has reasonably demonstrated that,
considering technological feasibility and economic
reasonableness, the hazardous waste cannot be reasonably
recycled for reuse, nor incinerated or chemically, physically
or biologically treated so as to neutralize the hazardous
waste and render it nonhazardous. In granting authorization
under this Section, the Agency may impose such conditions as
may be necessary to accomplish the purposes of the Act and
are consistent with this Act and regulations promulgated by
the Board hereunder. If the Agency refuses to grant
authorization under this Section, the applicant may appeal as
if the Agency refused to grant a permit, pursuant to the
provisions of subsection (a) of Section 40 of this Act. For
purposes of this subsection (h), the term "generator" has the
meaning given in Section 3.205 3.12 of this Act, unless: (1)
the hazardous waste is treated, incinerated, or partially
recycled for reuse prior to disposal, in which case the last
person who treats, incinerates, or partially recycles the
hazardous waste prior to disposal is the generator; or (2)
the hazardous waste is from a response action, in which case
the person performing the response action is the generator.
This subsection (h) does not apply to any hazardous waste
that is restricted from land disposal under 35 Ill. Adm. Code
728.
(i) Before issuing any RCRA permit or any permit for a
waste storage site, sanitary landfill, waste disposal site,
waste transfer station, waste treatment facility, waste
incinerator, or any waste-transportation operation, the
Agency shall conduct an evaluation of the prospective owner's
or operator's prior experience in waste management
operations. The Agency may deny such a permit if the
prospective owner or operator or any employee or officer of
the prospective owner or operator has a history of:
(1) repeated violations of federal, State, or local
laws, regulations, standards, or ordinances in the
operation of waste management facilities or sites; or
(2) conviction in this or another State of any
crime which is a felony under the laws of this State, or
conviction of a felony in a federal court; or
(3) proof of gross carelessness or incompetence in
handling, storing, processing, transporting or disposing
of waste.
(j) The issuance under this Act of a permit to engage in
the surface mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply with
any applicable local law regulating the commencement,
location or operation of surface mining facilities.
(k) A development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have
a permit under subsection (d) of Section 21 shall expire at
the end of 2 calendar years from the date upon which it was
issued, unless within that period the applicant has taken
action to develop the facility or the site. In the event that
review of the conditions of the development permit is sought
pursuant to Section 40 or 41, or permittee is prevented from
commencing development of the facility or site by any other
litigation beyond the permittee's control, such two-year
period shall be deemed to begin on the date upon which such
review process or litigation is concluded.
(l) No permit shall be issued by the Agency under this
Act for construction or operation of any facility or site
located within the boundaries of any setback zone established
pursuant to this Act, where such construction or operation is
prohibited.
(m) The Agency may issue permits to persons owning or
operating a facility for composting landscape waste. In
granting such permits, the Agency may impose such conditions
as may be necessary to accomplish the purposes of this Act,
and as are not inconsistent with applicable regulations
promulgated by the Board. Except as otherwise provided in
this Act, a bond or other security shall not be required as a
condition for the issuance of a permit. If the Agency denies
any permit pursuant to this subsection, the Agency shall
transmit to the applicant within the time limitations of this
subsection specific, detailed statements as to the reasons
the permit application was denied. Such statements shall
include but not be limited to the following:
(1) the Sections of this Act that may be violated
if the permit were granted;
(2) the specific regulations promulgated pursuant
to this Act that may be violated if the permit were
granted;
(3) the specific information, if any, the Agency
deems the applicant did not provide in its application to
the Agency; and
(4) a statement of specific reasons why the Act and
the regulations might be violated if the permit were
granted.
If no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for a permit may
waive the 90 day limitation by filing a written statement
with the Agency.
The Agency shall issue permits for such facilities upon
receipt of an application that includes a legal description
of the site, a topographic map of the site drawn to the scale
of 200 feet to the inch or larger, a description of the
operation, including the area served, an estimate of the
volume of materials to be processed, and documentation that:
(1) the facility includes a setback of at least 200
feet from the nearest potable water supply well;
(2) the facility is located outside the boundary of
the 10-year floodplain or the site will be floodproofed;
(3) the facility is located so as to minimize
incompatibility with the character of the surrounding
area, including at least a 200 foot setback from any
residence, and in the case of a facility that is
developed or the permitted composting area of which is
expanded after November 17, 1991, the composting area is
located at least 1/8 mile from the nearest residence
(other than a residence located on the same property as
the facility);
(4) the design of the facility will prevent any
compost material from being placed within 5 feet of the
water table, will adequately control runoff from the
site, and will collect and manage any leachate that is
generated on the site;
(5) the operation of the facility will include
appropriate dust and odor control measures, limitations
on operating hours, appropriate noise control measures
for shredding, chipping and similar equipment, management
procedures for composting, containment and disposal of
non-compostable wastes, procedures to be used for
terminating operations at the site, and recordkeeping
sufficient to document the amount of materials received,
composted and otherwise disposed of; and
(6) the operation will be conducted in accordance
with any applicable rules adopted by the Board.
The Agency shall issue renewable permits of not longer
than 10 years in duration for the composting of landscape
wastes, as defined in Section 3.155 3.70 of this Act, based
on the above requirements.
The operator of any facility permitted under this
subsection (m) must submit a written annual statement to the
Agency on or before April 1 of each year that includes an
estimate of the amount of material, in tons, received for
composting.
(n) The Agency shall issue permits jointly with the
Department of Transportation for the dredging or deposit of
material in Lake Michigan in accordance with Section 18 of
the Rivers, Lakes, and Streams Act.
(o) (Blank.) From September 4, 1990 until December 31,
1993, no permit shall be issued by the Agency for the
development or construction of any new facility intended to
be used for the incineration of any hazardous waste. This
subsection shall not apply to facilities intended for use for
combustion of potentially infectious medical waste, for use
as part of a State or federally designated clean-up action,
or for use solely for the conduct of research and the
development and demonstration of technologies for the
incineration of hazardous waste.
(p) (1) Any person submitting an application for a
permit for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of this Act for an existing
MSWLF unit that has not received and is not subject to local
siting approval under Section 39.2 of this Act shall publish
notice of the application in a newspaper of general
circulation in the county in which the MSWLF unit is or is
proposed to be located. The notice must be published at
least 15 days before submission of the permit application to
the Agency. The notice shall state the name and address of
the applicant, the location of the MSWLF unit or proposed
MSWLF unit, the nature and size of the MSWLF unit or proposed
MSWLF unit, the nature of the activity proposed, the probable
life of the proposed activity, the date the permit
application will be submitted, and a statement that persons
may file written comments with the Agency concerning the
permit application within 30 days after the filing of the
permit application unless the time period to submit comments
is extended by the Agency.
When a permit applicant submits information to the Agency
to supplement a permit application being reviewed by the
Agency, the applicant shall not be required to reissue the
notice under this subsection.
(2) The Agency shall accept written comments concerning
the permit application that are postmarked no later than 30
days after the filing of the permit application, unless the
time period to accept comments is extended by the Agency.
(3) Each applicant for a permit described in part (1) of
this subsection shall file a copy of the permit application
with the county board or governing body of the municipality
in which the MSWLF unit is or is proposed to be located at
the same time the application is submitted to the Agency.
The permit application filed with the county board or
governing body of the municipality shall include all
documents submitted to or to be submitted to the Agency,
except trade secrets as determined under Section 7.1 of this
Act. The permit application and other documents on file with
the county board or governing body of the municipality shall
be made available for public inspection during regular
business hours at the office of the county board or the
governing body of the municipality and may be copied upon
payment of the actual cost of reproduction.
(Source: P.A. 89-487, eff. 6-21-96; 89-556, eff. 7-26-96;
90-14, eff. 7-1-97; 90-367, eff. 8-10-97; 90-537, eff.
11-26-97; 90-655, eff 7-30-98.)
(415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
Sec. 39.2. Local siting review.
(a) The county board of the county or the governing body
of the municipality, as determined by paragraph (c) of
Section 39 of this Act, shall approve or disapprove the
request for local siting approval for each pollution control
facility which is subject to such review. An applicant for
local siting approval shall submit sufficient details
describing the proposed facility to demonstrate compliance,
and local siting approval shall be granted only if the
proposed facility meets the following criteria:
(i) the facility is necessary to accommodate the
waste needs of the area it is intended to serve;
(ii) the facility is so designed, located and
proposed to be operated that the public health, safety
and welfare will be protected;
(iii) the facility is located so as to minimize
incompatibility with the character of the surrounding
area and to minimize the effect on the value of the
surrounding property;
(iv) (A) for a facility other than a sanitary
landfill or waste disposal site, the facility is located
outside the boundary of the 100 year flood plain or the
site is flood-proofed; (B) for a facility that is a
sanitary landfill or waste disposal site, the facility is
located outside the boundary of the 100-year floodplain,
or if the facility is a facility described in subsection
(b)(3) of Section 22.19a, the site is flood-proofed;
(v) the plan of operations for the facility is
designed to minimize the danger to the surrounding area
from fire, spills, or other operational accidents;
(vi) the traffic patterns to or from the facility
are so designed as to minimize the impact on existing
traffic flows;
(vii) if the facility will be treating, storing or
disposing of hazardous waste, an emergency response plan
exists for the facility which includes notification,
containment and evacuation procedures to be used in case
of an accidental release;
(viii) if the facility is to be located in a county
where the county board has adopted a solid waste
management plan consistent with the planning requirements
of the Local Solid Waste Disposal Act or the Solid Waste
Planning and Recycling Act, the facility is consistent
with that plan; and
(ix) if the facility will be located within a
regulated recharge area, any applicable requirements
specified by the Board for such areas have been met.
The county board or the governing body of the
municipality may also consider as evidence the previous
operating experience and past record of convictions or
admissions of violations of the applicant (and any subsidiary
or parent corporation) in the field of solid waste management
when considering criteria (ii) and (v) under this Section.
(b) No later than 14 days before the date on which the
county board or governing body of the municipality receives
prior to a request for site location approval, the applicant
shall cause written notice of such request to be served
either in person or by registered mail, return receipt
requested, on the owners of all property within the subject
area not solely owned by the applicant, and on the owners of
all property within 250 feet in each direction of the lot
line of the subject property, said owners being such persons
or entities which appear from the authentic tax records of
the County in which such facility is to be located; provided,
that the number of all feet occupied by all public roads,
streets, alleys and other public ways shall be excluded in
computing the 250 feet requirement; provided further, that in
no event shall this requirement exceed 400 feet, including
public streets, alleys and other public ways.
Such written notice shall also be served upon members of
the General Assembly from the legislative district in which
the proposed facility is located and shall be published in a
newspaper of general circulation published in the county in
which the site is located.
Such notice shall state the name and address of the
applicant, the location of the proposed site, the nature and
size of the development, the nature of the activity proposed,
the probable life of the proposed activity, the date when the
request for site approval will be submitted, and a
description of the right of persons to comment on such
request as hereafter provided.
(c) An applicant shall file a copy of its request with
the county board of the county or the governing body of the
municipality in which the proposed site is located. The
request shall include (i) the substance of the applicant's
proposal and (ii) all documents, if any, submitted as of that
date to the Agency pertaining to the proposed facility,
except trade secrets as determined under Section 7.1 of this
Act. All such documents or other materials on file with the
county board or governing body of the municipality shall be
made available for public inspection at the office of the
county board or the governing body of the municipality and
may be copied upon payment of the actual cost of
reproduction.
Any person may file written comment with the county board
or governing body of the municipality concerning the
appropriateness of the proposed site for its intended
purpose. The county board or governing body of the
municipality shall consider any comment received or
postmarked not later than 30 days after the date of the last
public hearing.
(d) At least one public hearing is to be held by the
county board or governing body of the municipality no sooner
than 90 days but no later than 120 days after the date on
which it received from receipt of the request for site
approval. No later than 14 days prior to such hearing,
notice shall be published in a newspaper of general
circulation published in the county of the proposed site, and
delivered by certified mail to all members of the General
Assembly from the district in which the proposed site is
located, to the governing authority of every municipality
contiguous to the proposed site or contiguous to the
municipality in which the proposed site is to be located, to
the county board of the county where the proposed site is to
be located, if the proposed site is located within the
boundaries of a municipality, and to the Agency. Members or
representatives of the governing authority of a municipality
contiguous to the proposed site or contiguous to the
municipality in which the proposed site is to be located
and, if the proposed site is located in a municipality,
members or representatives of the county board of a county in
which the proposed site is to be located may appear at and
participate in public hearings held pursuant to this Section.
The public hearing shall develop a record sufficient to form
the basis of appeal of the decision in accordance with
Section 40.1 of this Act. The fact that a member of the
county board or governing body of the municipality has
publicly expressed an opinion on an issue related to a site
review proceeding shall not preclude the member from taking
part in the proceeding and voting on the issue.
(e) Decisions of the county board or governing body of
the municipality are to be in writing, specifying the reasons
for the decision, such reasons to be in conformance with
subsection (a) of this Section. In granting approval for a
site the county board or governing body of the municipality
may impose such conditions as may be reasonable and necessary
to accomplish the purposes of this Section and as are not
inconsistent with regulations promulgated by the Board. Such
decision shall be available for public inspection at the
office of the county board or governing body of the
municipality and may be copied upon payment of the actual
cost of reproduction. If there is no final action by the
county board or governing body of the municipality within 180
days after the date on which it received filing of the
request for site approval, the applicant may deem the request
approved.
At any time prior to completion by the applicant of the
presentation of the applicant's factual evidence and an
opportunity for cross-questioning by the county board or
governing body of the municipality and any participants, the
applicant may file not more than one amended application upon
payment of additional fees pursuant to subsection (k); in
which case the time limitation for final action set forth in
this subsection (e) shall be extended for an additional
period of 90 days.
If, prior to making a final local siting decision, a
county board or governing body of a municipality has
negotiated and entered into a host agreement with the local
siting applicant, the terms and conditions of the host
agreement, whether written or oral, shall be disclosed and
made a part of the hearing record for that local siting
proceeding. In the case of an oral agreement, the disclosure
shall be made in the form of a written summary jointly
prepared and submitted by the county board or governing body
of the municipality and the siting applicant and shall
describe the terms and conditions of the oral agreement.
(e-5) Siting approval obtained pursuant to this Section
is transferable and may be transferred to a subsequent owner
or operator. In the event that siting approval has been
transferred to a subsequent owner or operator, that
subsequent owner or operator assumes and takes subject to any
and all conditions imposed upon the prior owner or operator
by the county board of the county or governing body of the
municipality pursuant to subsection (e). However, any such
conditions imposed pursuant to this Section may be modified
by agreement between the subsequent owner or operator and the
appropriate county board or governing body. Further, in the
event that siting approval obtained pursuant to this Section
has been transferred to a subsequent owner or operator, that
subsequent owner or operator assumes all rights and
obligations and takes the facility subject to any and all
terms and conditions of any existing host agreement between
the prior owner or operator and the appropriate county board
or governing body.
(f) A local siting approval granted under this Section
shall expire at the end of 2 calendar years from the date
upon which it was granted, unless the local siting approval
granted under this Section is for a sanitary landfill
operation, in which case the approval shall expire at the end
of 3 calendar years from the date upon which it was granted,
and unless within that period the applicant has made
application to the Agency for a permit to develop the site.
In the event that the local siting decision has been
appealed, such expiration period shall be deemed to begin on
the date upon which the appeal process is concluded.
Except as otherwise provided in this subsection, upon the
expiration of a development permit under subsection (k) of
Section 39, any associated local siting approval granted for
the facility under this Section shall also expire.
If a first development permit for a municipal waste
incineration facility expires under subsection (k) of Section
39 after September 30, 1989 due to circumstances beyond the
control of the applicant, any associated local siting
approval granted for the facility under this Section may be
used to fulfill the local siting approval requirement upon
application for a second development permit for the same
site, provided that the proposal in the new application is
materially the same, with respect to the criteria in
subsection (a) of this Section, as the proposal that received
the original siting approval, and application for the second
development permit is made before January 1, 1990.
(g) The siting approval procedures, criteria and appeal
procedures provided for in this Act for new pollution control
facilities shall be the exclusive siting procedures and rules
and appeal procedures for facilities subject to such
procedures. Local zoning or other local land use requirements
shall not be applicable to such siting decisions.
(h) Nothing in this Section shall apply to any existing
or new pollution control facility located within the
corporate limits of a municipality with a population of over
1,000,000.
(i) (Blank.) The Department shall make a study of
technical considerations relating to the siting of new
pollution control facilities. Such study shall include, but
need not be limited to, a determination of the geologic and
hydrologic conditions in the State most suitable for the
siting of such facilities, the establishment of a data base
on such conditions in Illinois, and recommendations for the
establishment of technical guidelines and criteria to be used
in making such siting decisions. The Department shall report
such study and recommendations to the General Assembly, the
Governor, the Board and the public no later than October 1,
1984.
The Board shall adopt regulations establishing the
geologic and hydrologic siting criteria necessary to protect
usable groundwater resources which are to be followed by the
Agency in its review of permit applications for new pollution
control facilities. Such regulations, insofar as they apply
to new pollution control facilities authorized to store,
treat or dispose of any hazardous waste, shall be at least as
stringent as the requirements of the Resource Conservation
and Recovery Act and any State or federal regulations adopted
pursuant thereto.
(j) Any new pollution control facility which has never
obtained local siting approval under the provisions of this
Section shall be required to obtain such approval after a
final decision on an appeal of a permit denial.
(k) A county board or governing body of a municipality
may charge applicants for siting review under this Section a
reasonable fee to cover the reasonable and necessary costs
incurred by such county or municipality in the siting review
process.
(l) The governing Authority as determined by subsection
(c) of Section 39 of this Act may request the Department of
Transportation to perform traffic impact studies of proposed
or potential locations for required pollution control
facilities.
(m) An applicant may not file a request for local siting
approval which is substantially the same as a request which
was disapproved pursuant to a finding against the applicant
under any of criteria (i) through (ix) of subsection (a) of
this Section within the preceding 2 years.
(n) In any review proceeding of a decision of the county
board or governing body of a municipality made pursuant to
the local siting review process, the petitioner in the review
proceeding shall pay to the county or municipality the cost
of preparing and certifying the record of proceedings.
Should the petitioner in the review proceeding fail to make
payment, the provisions of Section 3-109 of the Code of Civil
Procedure shall apply.
In the event the petitioner is a citizens' group that
participated in the siting proceeding and is so located as to
be affected by the proposed facility, such petitioner shall
be exempt from paying the costs of preparing and certifying
the record.
(o) Notwithstanding any other provision of this Section,
a transfer station used exclusively for landscape waste,
where landscape waste is held no longer than 24 hours from
the time it was received, is not subject to the requirements
of local siting approval under this Section, but is subject
only to local zoning approval.
(Source: P.A. 90-217, eff. 1-1-98; 90-409, eff. 8-15-97;
90-503, eff. 8-19-97; 90-537, eff. 11-26-97; 90-655, eff.
7-30-98; 91-588, eff. 8-14-99.)
(415 ILCS 5/39.3) (from Ch. 111 1/2, par. 1039.3)
Sec. 39.3. Hazardous waste facilities.
(a) The provisions of this Section apply to any
application for a permit under the Solid Waste Rules of the
Board's Rules and Regulations to develop a new pollution
control facility for the disposal of hazardous waste, and to
any application to modify the development of an existing site
or facility which would allow the disposal of hazardous waste
for the first time. The requirements of this Section are in
addition to any other procedures as may be required by law.
(b) Any application for a permit under this Section
shall be made to the Agency, and shall be accompanied by
proof that notice of the application has been served upon the
Attorney General, the State's Attorney and the Chairman of
the County Board of the county in which the facility is
proposed to be located, each member of the General Assembly
from the legislative district in which the facility is
proposed to be located, and the clerk of each municipality,
any portion of which is within three miles of the boundary of
the facility. Upon the request of any person upon whom
notice is required to be served, the applicant shall promptly
furnish a copy of the application to the person making the
request.
(c) (i) Not more than 90 days after receipt of a
complete application for a permit under this Section, the
Agency shall give public notice of its preliminary
determination to either issue or deny the permit, and shall
give notice of the opportunity for a public hearing on that
preliminary determination under this Section. Upon the
request of the permit applicant, or of any other person who
is admitted as a party pursuant to subsection (d), the Agency
shall schedule a public hearing pursuant to subsection (e).
(ii) The Agency notice shall be published in a newspaper
of general circulation in the county in which the site is
proposed to be located, and shall be served upon the Attorney
General, the State's Attorney and the Chairman of the County
Board of the county in which the facility is proposed to be
located, each member of the General Assembly from the
legislative district in which the facility is proposed to be
located, and the clerk of each municipality, any portion of
which is within three miles of the boundary of the facility.
(iii) The contents, form, and manner of service of the
Agency notice shall conform to the requirements of Section
10-25 of the Illinois Administrative Procedure Act.
(d) Within 60 days after the date of the Agency notice
required by subsection (c) of this Section, any person who
may be adversely affected by an Agency decision on the permit
application may petition the Agency to intervene before the
Agency as a party. The petition to intervene shall contain a
short and plain statement identifying the petitioner and
stating the petitioner's interest. The petitioner shall
serve the petition upon the applicant for the permit and upon
any other persons who have petitioned to intervene. Unless
the Agency determines that the petition is duplicative
duplicitous or frivolous, it shall admit the petitioner as a
party.
(e) (i) Not less than 60 days nor more than 180 days
after the date of the Agency notice required by subsection
(c) of this Section, the Agency shall commence the public
hearing required by this Section.
(ii) The public hearing and other proceedings required
by this Section shall be conducted in accordance with the
provisions concerning contested cases of the Illinois
Administrative Procedure Act.
(iii) The public hearing required by this Section may,
with the concurrence of the Agency, the permit applicant and
the County Board of the county or the governing body of the
municipality, be conducted jointly with the public hearing
required by Section 39.2 of this Act.
(iv) All documents submitted to the Agency in connection
with the public hearing shall be reproduced and filed at the
office of the county board or governing body of the
municipality and may be copied upon payment of the actual
cost of reproduction.
(f) Within sixty days of the completion of the public
hearing required by this Section the Agency shall render a
final decision either granting or denying the permit.
(g) The Agency shall adopt such procedural rules as may
be necessary and appropriate to carry out its duties under
this Section which are not inconsistent with the requirements
of this Section. In adopting such procedural rules the
Agency shall follow the requirements concerning rulemaking of
the Illinois Administrative Procedure Act.
(h) This Section shall not apply to permits issued by
the Agency pursuant to authority delegated from the United
States pursuant to the Resource Conservation and Recovery Act
of 1976, P.L. 94-580, as amended, or the Safe Drinking Water
Act, P.L. 93-523, as amended.
(Source: P.A. 90-655, eff. 7-30-98.)
(415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
Sec. 40. Appeal of permit denial.
(a) (1) If the Agency refuses to grant or grants with
conditions a permit under Section 39 of this Act, the
applicant may, within 35 days after the date on which the
Agency served its decision on the applicant, petition for a
hearing before the Board to contest the decision of the
Agency. However, the 35-day period for petitioning for a
hearing may be extended for an additional a period of time
not to exceed 90 days by written notice provided to the Board
from the applicant and the Agency within the initial appeal
period. The Board shall give 21 day notice to any person in
the county where is located the facility in issue who has
requested notice of enforcement proceedings and to each
member of the General Assembly in whose legislative district
that installation or property is located; and shall publish
that 21 day notice in a newspaper of general circulation in
that county. The Agency shall appear as respondent in such
hearing. At such hearing the rules prescribed in Section 32
and subsection (a) of Section 33 of this Act shall apply, and
the burden of proof shall be on the petitioner. If, however,
the Agency issues an NPDES permit that imposes limits which
are based upon a criterion or denies a permit based upon
application of a criterion, then the Agency shall have the
burden of going forward with the basis for the derivation of
those limits or criterion which were derived under the
Board's rules.
(2) Except as provided in paragraph (a)(3), if there is
no final action by the Board within 120 days after the date
on which it received the petition, the petitioner may deem
the permit issued under this Act, provided, however, that
that period of 120 days shall not run for any period of time,
not to exceed 30 days, during which the Board is without
sufficient membership to constitute the quorum required by
subsection (a) of Section 5 of this Act, and provided further
that such 120 day period shall not be stayed for lack of
quorum beyond 30 days regardless of whether the lack of
quorum exists at the beginning of such 120 day period or
occurs during the running of such 120 day period.
(3) Paragraph (a)(2) shall not apply to any permit which
is subject to subsection (b), (d) or (e) of Section 39. If
there is no final action by the Board within 120 days after
the date on which it received the petition, the petitioner
shall be entitled to an Appellate Court order pursuant to
subsection (d) of Section 41 of this Act.
(b) If the Agency grants a RCRA permit for a hazardous
waste disposal site, a third party, other than the permit
applicant or Agency, may, within 35 days after the date on
which the Agency issued its decision, petition the Board
within 35 days for a hearing to contest the issuance of the
permit. Unless the Board determines that such petition is
duplicative duplicitous or frivolous, or that the petitioner
is so located as to not be affected by the permitted
facility, the Board shall hear the petition in accordance
with the terms of subsection (a) of this Section and its
procedural rules governing denial appeals, such hearing to be
based exclusively on the record before the Agency. The
burden of proof shall be on the petitioner. The Agency and
the permit applicant shall be named co-respondents.
The provisions of this subsection do not apply to the
granting of permits issued for the disposal or utilization of
sludge from publicly-owned sewage works.
(c) Any party to an Agency proceeding conducted pursuant
to Section 39.3 of this Act may petition as of right to the
Board for review of the Agency's decision within 35 days from
the date of issuance of the Agency's decision, provided that
such appeal is not duplicative duplicitous or frivolous.
However, the 35-day period for petitioning for a hearing may
be extended by the applicant for a period of time not to
exceed 90 days by written notice provided to the Board from
the applicant and the Agency within the initial appeal
period. If another person with standing to appeal wishes to
obtain an extension, there must be a written notice provided
to the Board by that person, the Agency, and the applicant,
within the initial appeal period. The decision of the Board
shall be based exclusively on the record compiled in the
Agency proceeding. In other respects the Board's review
shall be conducted in accordance with subsection (a) of this
Section and the Board's procedural rules governing permit
denial appeals.
(d) In reviewing the denial or any condition of a permit
issued by the Agency pursuant to rules and regulations
adopted under subsection (c) of Section 9.1 of this Act, the
decision of the Board shall be based exclusively on the
record before the Agency including the record of the hearing,
if any, held pursuant to paragraph (f)(3) of Section 39
unless the parties agree to supplement the record. The Board
shall, if it finds the Agency is in error, make a final
determination as to the substantive limitations of the permit
including a final determination of Lowest Achievable Emission
Rate or Best Available Control Technology.
(e) (1) If the Agency grants or denies a permit under
subsection (b) of Section 39 of this Act, a third party,
other than the permit applicant or Agency, may petition
the Board within 35 days from the date of issuance of the
Agency's decision, for a hearing to contest the decision
of the Agency.
(2) A petitioner shall include the following within
a petition submitted under subdivision (1) of this
subsection:
(A) a demonstration that the petitioner raised
the issues contained within the petition during the
public notice period or during the public hearing on
the NPDES permit application, if a public hearing
was held; and
(B) a demonstration that the petitioner is so
situated as to be affected by the permitted
facility.
(3) If the Board determines that the petition is
not duplicative duplicitous or frivolous and contains a
satisfactory demonstration under subdivision (2) of this
subsection, the Board shall hear the petition (i) in
accordance with the terms of subsection (a) of this
Section and its procedural rules governing permit denial
appeals and (ii) exclusively on the basis of the record
before the Agency. The burden of proof shall be on the
petitioner. The Agency and permit applicant shall be
named co-respondents.
(f) Any person who files a petition to contest the
issuance of a permit by the Agency shall pay a filing fee.
(Source: P.A. 90-274, eff. 7-30-97.)
(415 ILCS 5/40.1) (from Ch. 111 1/2, par. 1040.1)
Sec. 40.1. Appeal of siting approval.
(a) If the county board or the governing body of the
municipality, as determined by paragraph (c) of Section 39 of
this Act, refuses to grant or grants with conditions approval
under Section 39.2 of this Act, the applicant may, within 35
days after the date on which the local siting authority
disapproved or conditionally approved siting, petition for a
hearing before the Board to contest the decision of the
county board or the governing body of the municipality. The
Board shall publish 21 day notice of the hearing on the
appeal in a newspaper of general circulation published in
that county. The county board or governing body of the
municipality shall appear as respondent in such hearing, and
such hearing shall be based exclusively on the record before
the county board or the governing body of the municipality.
At such hearing the rules prescribed in Sections 32 and 33
(a) of this Act shall apply, and the burden of proof shall be
on the petitioner; however, no new or additional evidence in
support of or in opposition to any finding, order,
determination or decision of the appropriate county board or
governing body of the municipality shall be heard by the
Board. In making its orders and determinations under this
Section the Board shall include in its consideration the
written decision and reasons for the decision of the county
board or the governing body of the municipality, the
transcribed record of the hearing held pursuant to subsection
(d) of Section 39.2, and the fundamental fairness of the
procedures used by the county board or the governing body of
the municipality in reaching its decision. The Board shall
transmit a copy of its decision to the office of the county
board or governing body of the municipality where it shall be
available for public inspection and copied upon payment of
the actual cost of reproduction. If there is no final action
by the Board within 120 days after the date on which it
received the petition, the petitioner may deem the site
location approved; provided, however, that that period of 120
days shall not run for any period of time, not to exceed 30
days, during which the Board is without sufficient membership
to constitute the quorum required by subsection (a) of
Section 5 of this Act, and provided further, that such 120
day period shall not be stayed for lack of quorum beyond 30
days regardless of whether the lack of quorum exists at the
beginning of such 120 day period or occurs during the running
of such 120 day period.
(b) If the county board or the governing body of the
municipality as determined by paragraph (c) of Section 39 of
this Act, grants approval under Section 39.2 of this Act, a
third party other than the applicant who participated in the
public hearing conducted by the county board or governing
body of the municipality may, petition the Board within 35
days after the date on which the local siting authority
granted siting approval, petition the Board for a hearing to
contest the approval of the county board or the governing
body of the municipality. Unless the Board determines that
such petition is duplicative duplicitous or frivolous, or
that the petitioner is so located as to not be affected by
the proposed facility, the Board shall hear the petition in
accordance with the terms of subsection (a) of this Section
and its procedural rules governing denial appeals, such
hearing to be based exclusively on the record before county
board or the governing body of the municipality. The burden
of proof shall be on the petitioner. The county board or the
governing body of the municipality and the applicant shall be
named as co-respondents.
The Board shall transmit a copy of its decision to the
office of the county board or governing body of the
municipality where it shall be available for public
inspection and may be copied upon payment of the actual cost
of reproduction.
(c) Any person who files a petition to contest a
decision of the county board or governing body of the
municipality shall pay a filing fee.
(Source: P.A. 85-1331.)
(415 ILCS 5/40.2) (from Ch. 111 1/2, par. 1040.2)
Sec. 40.2. Application of review process.
(a) Subsection (a) of Section 40 does not apply to any
permit which is subject to Section 39.5. If the Agency
refuses to grant or grants with conditions a CAAPP permit,
makes a determination of incompleteness regarding a submitted
CAAPP application, or fails to act on an application for a
CAAPP permit, permit renewal, or permit revision within the
time specified in paragraph 5(j) of Section 39.5 of this Act,
the applicant, any person who participated in the public
comment process pursuant to subsection 8 of Section 39.5 of
this Act, or any other person who could obtain judicial
review a hearing before the Board pursuant to Section 41(a)
of this Act, may, within 35 days after final permit action,
petition for a hearing before the Board to contest the
decision of the Agency. However, the 35-day period for
petitioning for a hearing may be extended by the applicant
for an additional a period of time not to exceed 90 days by
written notice provided to the Board from the applicant and
the Agency within the initial appeal period. If another
person with standing to appeal wishes to obtain an extension,
there must be a written notice provided to the Board by that
person, the Agency, and the applicant, within the initial
appeal period. Notwithstanding the preceding requirements,
petitions for a hearing before the Board under this
subsection may be filed after the 35-day period, only if such
petitions are based solely on grounds arising after the
35-day period expires. Such petitions shall be filed within
35 days after the new grounds for review arise. If the final
permit action being challenged is the Agency's failure to
take final action, a petition for a hearing before the Board
shall be filed before the Agency denies or issues the final
permit.
The Agency shall appear as respondent in such hearing.
At such hearing the rules prescribed in Sections 32 and 33(a)
of this Act shall apply, and the burden of proof shall be on
the petitioner.
(b) The Agency's failure to take final action within 90
days of receipt of an application requesting minor permit
modification procedures (or 180 days for modifications
subject to group processing requirements), pursuant to
subsection 14 of Section 39.5, will be subject to this
Section and Section 41 of this Act.
(c) If there is no final action by the Board within 120
days after the date on which it received the petition, the
permit shall not be deemed issued; rather, the petitioner
shall be entitled to an Appellate Court order pursuant to
Section 41(d) of this Act. The period of 120 days shall not
run for any period of time, not to exceed 30 days, during
which the Board is without sufficient membership to
constitute the quorum required by subsection (a) of Section 5
of this Act; the 120 day period shall not be stayed for lack
of quorum beyond 30 days, regardless of whether the lack of
quorum exists at the beginning of the 120 day period or
occurs during the running of the 120 day period.
(d) Any person who files a petition to contest the final
permit action by the Agency under this Section shall pay a
filing fee.
(e) The Agency shall notify USEPA, in writing, of any
petition for hearing brought under this Section involving a
provision or denial of a Phase II acid rain permit within 30
days of the filing of the petition. USEPA may intervene as a
matter of right in any such hearing. The Agency shall notify
USEPA, in writing, of any determination or order in a hearing
brought under this Section that interprets, voids, or
otherwise relates to any portion of a Phase II acid rain
permit.
(Source: P.A. 91-357, eff. 7-29-99.)
(415 ILCS 5/45) (from Ch. 111 1/2, par. 1045)
Sec. 45. Injunctive and other relief.
(a) No existing civil or criminal remedy for any
wrongful action shall be excluded or impaired by this Act.
Nothing in this Act shall be construed to limit or supersede
the provisions of the Illinois Oil and Gas Act and the powers
therein granted to prevent the intrusion of water into oil,
gas or coal strata and to prevent the pollution of fresh
water supplies by oil, gas or salt water or oil field wastes,
except that water quality standards as set forth by the
Pollution Control Board apply to and are effective within the
areas covered by and affected by permits issued by the
Department of Natural Resources. However, if the Department
of Natural Resources fails to act upon any complaint within a
period of 10 working days following the receipt of a
complaint by the Department, the Environmental Protection
Agency may proceed under the provisions of this Act.
(b) Any person adversely affected in fact by a violation
of this Act, any rule or regulation adopted under this Act,
or any permit or term or condition of a permit, or of
regulations adopted thereunder may sue for injunctive relief
against such violation. However, except as provided in
subsection (d), no action shall be brought under this Section
until 30 days after the plaintiff has been denied relief by
the Board in a proceeding brought under subsection (d) (b) of
Section 31 of this Act. The prevailing party shall be
awarded costs and reasonable attorneys' fees.
(c) Nothing in Section 39.4 of this Act shall limit the
authority of the Agency to proceed with enforcement under the
provisions of this Act for violations of terms and conditions
of an endorsed agrichemical facility permit, an endorsed
lawncare containment permit, or this Act or regulations
hereunder caused or threatened by an agrichemical facility or
a lawncare wash water containment area, provided that prior
notice is given to the Department of Agriculture which
provides that Department an opportunity to respond as
appropriate.
(d) If the State brings an action under this Act against
a person with an interest in real property upon which the
person is alleged to have allowed open dumping or open
burning by a third party in violation of this Act, which
action seeks to compel the defendant to remove the waste or
otherwise clean up the site, the defendant may, in the manner
provided by law for third-party complaints, bring in as a
third-party defendant a person who with actual knowledge
caused or contributed to the illegal open dumping or open
burning, or who is or may be liable for all or part of the
removal and cleanup costs. The court may include any of the
parties which it determines to have, with actual knowledge,
allowed, caused or contributed to the illegal open dumping or
open burning in any order that it may issue to compel removal
of the waste and cleanup of the site, and may apportion the
removal and cleanup costs among such parties, as it deems
appropriate. However, a person may not seek to recover any
fines or civil penalties imposed upon him under this Act from
a third-party defendant in an action brought under this
subsection.
(Source: P.A. 91-357, eff. 7-29-99.)
(415 ILCS 5/49) (from Ch. 111 1/2, par. 1049)
Sec. 49. Proceedings governed by Act; compliance as
defense.
(a) (Blank.) Until the Board and the Agency established
by this Act has been appointed and taken office, the
functions assigned to the Board and to the Agency shall be
performed by the members of the existing Air Pollution
Control Board and Sanitary Water Board and by the Department
of Public Health.
(b) All proceedings respecting acts done before the
effective date of this Act shall be determined in accordance
with the law and regulations in force at the time such acts
occurred. All proceedings instituted for actions taken after
the effective date of this Act (July 1, 1970) shall be
governed by this Act.
(c) (Blank.) All rules and regulations of the Air
Pollution Control Board, the Sanitary Water Board, or the
Department of Public Health relating to subjects embraced
within this Act shall remain in full force and effect until
repealed, amended, or superseded by regulations under this
Act.
(d) (Blank.) All orders entered, permits or
certifications granted, and pending proceedings instituted by
the Air Pollution Control Board, the Sanitary Water Board, or
the Department of Public Health relating to subjects embraced
within this Act shall remain in full force and effect until
superseded by actions taken under this Act.
(e) Compliance with the rules and regulations
promulgated by the Board under this Act shall constitute a
prima facie defense to any action, legal, equitable, or
criminal, or an administrative proceeding for a violation of
this Act, brought by any person.
(Source: P.A. 76-2429.)
(415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
Sec. 55. Prohibited activities.
(a) No person shall:
(1) Cause or allow the open dumping of any used or
waste tire.
(2) Cause or allow the open burning of any used or
waste tire.
(3) Except at a tire storage site which contains
more than 50 used tires, cause or allow the storage of
any used tire unless the tire is altered, reprocessed,
converted, covered, or otherwise prevented from
accumulating water.
(4) Cause or allow the operation of a tire storage
site except in compliance with Board regulations.
(5) Abandon, dump or dispose of any used or waste
tire on private or public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(6) Fail to submit required reports, tire removal
agreements, or Board regulations.
(b) (Blank.) Beginning July 1, 1994 through December 31,
1994, no person shall knowingly mix any whole used or waste
tire with municipal waste, and no owner or operator of a
sanitary landfill shall accept any whole used or waste tire
for final disposal, except that such tires when separated
from other waste may be accepted if: (1) the sanitary
landfill provides and maintains a means for shredding,
slitting or chopping such tires and so treats all such tires
prior to disposal; and (2) the sanitary landfill implements a
program to actively seek alternative uses for the tire scraps
so as to minimize the need for on-site disposal, including at
a minimum participation in the Illinois Industrial Materials
Exchange Service to communicate the availability of the tire
scraps, and consultation with the Department of Commerce and
Community Affairs regarding the status of regional marketing
of tire scraps to facilities for reuse, reprocessing or
converting. Such alternative uses may also include on-site
practices such as lining of roadways with tire scraps.
(b-1) Beginning January 1, 1995, no person shall
knowingly mix any used or waste tire, either whole or cut,
with municipal waste, and no owner or operator of a sanitary
landfill shall accept any used or waste tire for final
disposal; except that used or waste tires, when separated
from other waste, may be accepted if: (1) the sanitary
landfill provides and maintains a means for shredding,
slitting, or chopping whole tires and so treats whole tires
and, if approved by the Agency in a permit issued under this
Act, uses the used or waste tires for alternative uses, which
may include on-site practices such as lining of roadways with
tire scraps, alternative daily cover, or use in a leachate
collection system or (2) the sanitary landfill, by its
notification to the Illinois Industrial Materials Exchange
Service, makes available the used or waste tire to an
appropriate facility for reuse, reprocessing, or converting,
including use as an alternate energy fuel. If, within 30
days after notification to the Illinois Industrial Materials
Exchange Service of the availability of waste tires, no
specific request for the used or waste tires is received by
the sanitary landfill, and the sanitary landfill determines
it has no alternative use for those used or waste tires, the
sanitary landfill may dispose of slit, chopped, or shredded
used or waste tires in the sanitary landfill. In the event
the physical condition of a used or waste tire makes
shredding, slitting, chopping, reuse, reprocessing, or other
alternative use of the used or waste tire impractical or
infeasible, then the sanitary landfill, after authorization
by the Agency, may accept the used or waste tire for
disposal.
Sanitary landfills and facilities for reuse,
reprocessing, or converting, including use as alternative
fuel, shall (i) notify the Illinois Industrial Materials
Exchange Service of the availability of and demand for used
or waste tires and (ii) consult with the Department of
Commerce and Community Affairs regarding the status of
marketing of waste tires to facilities for reuse.
(c) On or before January 1, 1990, any person who
operates a tire storage site or a tire disposal site which
contains more than 50 used or waste tires shall give notice
of such activity to the Agency. Any person engaging in such
activity for the first time after January 1, 1990, shall give
notice to the Agency within 30 days after the date of
commencement of the activity. The form of such notice shall
be specified by the Agency and shall be limited to
information regarding the following:
(1) the name and address of the owner and operator;
(2) the name, address and location of the
operation;
(3) the type of operations involving used and waste
tires (storage, disposal, conversion or processing); and
(4) the number of used and waste tires present at
the location.
(d) Beginning January 1, 1992, no person shall cause or
allow the operation of:
(1) a tire storage site which contains more than 50
used tires, unless the owner or operator, by January 1,
1992 (or the January 1 following commencement of
operation, whichever is later) and January 1 of each year
thereafter, (i) registers the site with the Agency, (ii)
certifies to the Agency that the site complies with any
applicable standards adopted by the Board pursuant to
Section 55.2, (iii) reports to the Agency the number of
tires accumulated, the status of vector controls, and the
actions taken to handle and process the tires, and (iv)
pays the fee required under subsection (b) of Section
55.6; or
(2) a tire disposal site, unless the owner or
operator (i) has received approval from the Agency after
filing a tire removal agreement pursuant to Section 55.4,
or (ii) has entered into a written agreement to
participate in a consensual removal action under Section
55.3.
The Agency shall provide written forms for the annual
registration and certification required under this subsection
(d).
(e) No person shall cause or allow the storage,
disposal, treatment or processing of any used or waste tire
in violation of any regulation or standard adopted by the
Board.
(f) No person shall arrange for the transportation of
used or waste tires away from the site of generation with a
person known to openly dump such tires.
(g) No person shall engage in any operation as a used or
waste tire transporter except in compliance with Board
regulations.
(h) No person shall cause or allow the combustion of any
used or waste tire in an enclosed device unless a permit has
been issued by the Agency authorizing such combustion
pursuant to regulations adopted by the Board for the control
of air pollution and consistent with the provisions of
Section 9.4 of this Act.
(i) No person shall cause or allow the use of pesticides
to treat tires except as prescribed by Board regulations.
(j) No person shall fail to comply with the terms of a
tire removal agreement approved by the Agency pursuant to
Section 55.4.
(Source: P.A. 88-690, eff. 1-24-95; 89-445, eff. 2-7-96.)
(415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
Sec. 56.1. Acts prohibited.
(A) No person shall:
(a) Cause or allow the disposal of any potentially
infectious medical waste. Sharps may be disposed in any
landfill permitted by the Agency under Section 21 of this Act
to accept municipal waste for disposal, if both:
(1) the infectious potential has been eliminated
from the sharps by treatment; and
(2) the sharps are packaged in accordance with
Board regulations.:
(A) Board regulations; or
(B) subsection (b)(2), until Board regulations
relating to the packaging of potentially infectious
medical waste are adopted and effective.
(b) Cause or allow the delivery of any potentially
infectious medical waste for transport, storage, treatment,
or transfer except in accordance with Board regulations.:
(1) Board regulations; or
(2) the following, until Board regulations relating
to the packaging of potentially infectious medical waste
are adopted and effective:
(A) All potentially infectious medical waste
shall be placed in a container or containers that
are (i) rigid; (ii) leak-resistant; (iii) impervious
to moisture; (iv) of a strength sufficient to
prevent tearing or bursting under normal conditions
of use and handling; and (v) sealed to prevent
leakage during transport.
(B) In addition to the requirements of
subsection (b)(2)(A), sharps and sharps with
residual fluids shall be packaged in packaging that
is puncture-resistant.
(C) Oversized potentially infectious medical
waste need not be placed in containers.
(c) Beginning July 1, 1992, cause or allow the delivery
of any potentially infectious medical waste to a person or
facility for storage, treatment, or transfer that does not
have a permit issued by the agency to receive potentially
infectious medical waste, unless no permit is required under
subsection (g)(1).
(d) Beginning July 1, 1992, cause or allow the delivery
or transfer of any potentially infectious medical waste for
transport unless:
(1) the transporter has a permit issued by the
Agency to transport potentially infectious medical waste,
or the transporter is exempt from the permit requirement
set forth in subsection (f)(l).
(2) a potentially infectious medical waste manifest
is completed for the waste if a manifest is required
under subsection (h).
(e) Cause or allow the acceptance of any potentially
infectious medical waste for purposes of transport, storage,
treatment, or transfer except in accordance with Board
regulations.:
(1) Board regulations; or
(2) The following, until Board regulations relating
to the packaging and storage of potentially infectious
medical waste are adopted and effective:
(A) All potentially infectious medical waste
shall be placed in a container or containers that
are (i) rigid; (ii) leak-resistant; (iii) impervious
to moisture; (iv) of a strength sufficient to
prevent tearing or bursting under normal conditions
of use and handling; and (v) sealed to prevent
leakage during transport.
(B) In addition to the requirements of
subsection (b)(2)(A), sharps and sharps with
residual fluids shall be packaged in packaging that
is puncture-resistant.
(C) Oversized potentially infectious medical
waste need not be placed in containers.
(D) Any person who stores potentially
infectious medical waste prior to treatment or
disposal on-site or transport off-site must comply
with all of the following storage requirements:
(i) Store the potentially infectious
medical waste in a manner and location that
maintains the integrity of the packaging and
provides protection from water, rain, and wind.
(ii) Maintain the potentially infectious
medical waste in a nonputrescent state, using
refrigeration when necessary.
(iii) Lock the outdoor storage areas
containing potentially infectious medical waste
to prevent unauthorized access.
(iv) Limit access to on-site storage
areas to authorized employees.
(v) Store the potentially infectious
medical waste in a manner that affords
protection from animals and does not provide a
breeding place or a food source for insects and
rodents.
(f) Beginning July 1, 1992, conduct any potentially
infectious medical waste transportation operation:
(1) Without a permit issued by the Agency to
transport potentially infectious medical waste. No permit
is required under this provision (f)(1) for:
(A) a person transporting potentially
infectious medical waste generated solely by that
person's activities;
(B) noncommercial transportation of less than
50 pounds of potentially infectious medical waste at
any one time; or
(C) the U.S. Postal Service.
(2) In violation of any condition of any permit
issued by the Agency under this Act.
(3) In violation of any regulation adopted by the
Board.
(4) In violation of any order adopted by the Board
under this Act.
(g) Beginning July 1, 1992, conduct any potentially
infectious medical waste treatment, storage, or transfer
operation:
(1) without a permit issued by the Agency that
specifically authorizes the treatment, storage, or transfer
of potentially infectious medical waste. No permit is
required under this subsection (g) for any:
(A) Person conducting a potentially infectious
medical waste treatment, storage, or transfer
operation for potentially infectious medical waste
generated by the person's own activities that are
treated, stored, or transferred within the site
where the potentially infectious medical waste is
generated.
(B) Hospital that treats, stores, or transfers
only potentially infectious medical waste generated
by its own activities or by members of its medical
staff.
(2) in violation of any condition of any permit
issued by the Agency under this Act.
(3) in violation of any regulation adopted by the
Board.
(4) In violation of any order adopted by the Board
under this Act.
(h) Transport potentially infectious medical waste
unless the transporter carries a completed potentially
infectious medical waste manifest. No manifest is required
for the transportation of:
(1) potentially infectious medical waste being
transported by generators who generated the waste by
their own activities, when the potentially infectious
medical waste is transported within or between sites or
facilities owned, controlled, or operated by that person;
(2) less than 50 pounds of potentially infectious
medical waste at any one time for a noncommercial
transportation activity; or
(3) potentially infectious medical waste by the
U.S. Postal Service.
(i) Offer for transportation, transport, deliver,
receive or accept potentially infectious medical waste for
which a manifest is required, unless the manifest indicates
that the fee required under Section 56.4 of this Act has
been paid.
(j) Beginning January 1, 1994, conduct a potentially
infectious medical waste treatment operation at an
incinerator in existence on the effective date of this Title
in violation of emission standards established for these
incinerators under Section 129 of the Clean Air Act (42 USC
7429), as amended.
(B) (k) In making its orders and determinations relative
to penalties, if any, to be imposed for violating subdivision
(A)(a) of this Section 56.1(a) of this Act, the Board, in
addition to the factors in Sections 33(c) and 42(h) of this
Act, or the Court shall take into consideration whether the
owner or operator of the landfill reasonably relied on
written statements from the person generating or treating the
waste that the waste is not potentially infectious medical
waste.
(Source: P.A. 87-752; 87-1097.)
(415 ILCS 5/56.2) (from Ch. 111 1/2, par. 1056.2)
Sec. 56.2. Regulations.
(a) No later than July 1, 1993, the Board shall adopt
regulations in accordance with Title VII of this Act
prescribing design and operating standards and criteria for
all potentially infectious medical waste treatment, storage,
and transfer facilities. At a minimum, these regulations
shall require treatment of potentially infectious medical
waste at a facility that:
(1) eliminates the infectious potential of the
waste;
(2) prevents compaction and rupture of containers
during handling operations;
(3) disposes of treatment residuals in accordance
with this Act and regulations adopted thereunder;
(4) provides for quality assurance programs;
(5) provides for periodic testing using biological
testing, where appropriate, that demonstrate proper
treatment of the waste;
(6) provides for assurances that clearly
demonstrate that potentially infectious medical waste has
been properly treated; and
(7) is in compliance with all Federal and State
laws and regulations pertaining to environmental
protection.
(b) Until the effective date of the Board regulations
adopted under subsection (a), each applicant for a
potentially infectious medical waste treatment permit shall
prove that the facility will not cause a violation of the Act
or of regulations adopted thereunder, and prove that the
facility meets the requirements set forth in subsections
(a)(1) through (a)(7). After the effective date of the Board
regulations adopted under subsection (a), each applicant for
a potentially infectious medical waste treatment permit shall
prove that the facility will not cause a violation of the Act
or of regulations adopted thereunder.
(c) No later than July 1, 1993, the Board shall adopt
regulations in accordance with Title VII of this Act
prescribing standards and criteria for transporting,
packaging, segregating, labeling, and marking potentially
infectious medical waste.
(d) In accord with Title VII of this Act, no later than
January 1, 1992, the Board shall repeal Subpart I of 35 Ill.
Adm. Code 809.
(e) No later than January 1, 1992, the Board shall adopt
rules that are identical in substance to the list of
etiologic agents identified as Class 4 agents as set forth in
"Classification of Etiological Agents on the Basis of Hazard,
1974", published by the Centers for Disease Control. If the
Centers for Disease Control amends the listing of etiologic
agents identified as Class 4 agents as set forth in
"Classification of Etiological Agents on the Basis of Hazard,
1974", the Board shall adopt rules that are identical in
substance to the amended list within 180 days after the
Centers for Disease Control's amendment. The provisions and
requirements of Title VII of this Act shall not apply to
rules adopted under this subsection (e). Section 5 of the
Illinois Administrative Procedure Act relating to the
procedures for rulemaking shall not apply to rules adopted
under this subsection (e).
(f) In accord with Title VII of this Act, the Board may
adopt regulations to promote the purposes of this Title. The
regulations prescribed in subsection (a), (c), and (e) shall
not limit the generality of this authority.
(Source: P.A. 87-752; 87-1097.)
(415 ILCS 5/57.7)
Sec. 57.7. Leaking underground storage tanks; physical
soil classification, groundwater investigation, site
classification, and corrective action.
(a) Physical soil classification and groundwater
investigation.
(1) Prior to conducting any physical soil
classification and groundwater investigation activities
required by statute or regulation, the owner or operator
shall prepare and submit to the Agency for the Agency's
approval or modification:
(A) a physical soil classification and
groundwater investigation plan designed to
determine site classification, in accordance
with subsection (b) of this Section, as High
Priority, Low Priority, or No Further Action.
(B) a request for payment of costs
associated with eligible early action costs as
provided in Section 57.6(b). However, for
purposes of payment for early action costs,
fill materials shall not be removed in an
amount in excess of 4 feet from the outside
dimensions of the tank.
(2) If the owner or operator intends to seek
payment from the Fund, prior to conducting any physical
soil classification and groundwater investigation
activities required by statute or regulation, the owner
or operator shall submit to the Agency for the Agency's
approval or modification a physical soil classification
and groundwater investigation budget which includes, but
is not limited to, an accounting of all costs associated
with the implementation and completion of the physical
soil classification and groundwater investigation plan.
(3) Within 30 days of completion of the physical
soil classification or groundwater investigation report
the owner or operator shall submit to the Agency:
(A) all physical soil classification and
groundwater investigation results; and
(B) a certification by a Licensed Professional
Engineer of the site's classification as High
Priority, Low Priority, or No Further Action in
accordance with subsection (b) of this Section as
High Priority, Low Priority, or No Further Action.
(b) Site Classification.
(1) After evaluation of the physical soil
classification and groundwater investigation results,
when required, and general site information, the site
shall be classified as "No Further Action", "Low
Priority", or "High Priority" based on the requirements
of this Section. Site classification shall be determined
by a Licensed Professional Engineer in accordance with
the requirements of this Title and the Licensed
Professional Engineer shall submit a certification to the
Agency of the site classification. The Agency has the
authority to audit site classifications and reject or
modify any site classification inconsistent with the
requirements of this Title.
(2) Sites shall be classified as No Further Action
if the criteria in subparagraph (A) are satisfied:
(A)(i) The site is located in an area
designated D, E, F and G on the Illinois Geological
Survey Circular (1984) titled "Potential for
Contamination of Shallow Aquifers in Illinois," by
Berg, Richard C., et al.;
(ii) A site evaluation under the direction of
a Licensed Professional Engineer verifies the
physical soil classification conditions are
consistent with those indicated on the Illinois
Geological Survey Circular (1984) titled "Potential
for Contamination of Shallow Aquifers in Illinois,"
by Berg, Richard C., et al.; and
(iii) The conditions identified in subsections
(b)(3)(B), (C), (D), and (E) do not exist.
(B) Groundwater investigation monitoring may
be required to confirm that a site meets the
criteria of a No Further Action site. The Board
shall adopt rules setting forth the criteria under
which the Agency may exercise its discretionary
authority to require investigations and the minimum
field requirements for conducting investigations.
(3) Sites shall be classified as High Priority if
any of the following are met:
(A) The site is located in an area designated
A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4,
or C5 on the Illinois Geological Survey Circular
(1984) titled "Potential for Contamination of
Shallow Aquifers in Illinois," by Berg, Richard C.,
et al.; a site evaluation under the direction of a
Licensed Professional Engineer verifies the physical
soil classifications conditions are consistent with
those indicated on the Illinois Geological Survey
Circular (1984) entitled "Potential for
Contamination of Shallow Aquifers in Illinois," by
Berg, Richard C., et al.; and the results of the
physical soil classification and groundwater
investigation indicate that an applicable indicator
contaminant groundwater quality standard or
groundwater objective has been exceeded at the
property boundary line or 200 feet from the
excavation, whichever is less as a consequence of
the underground storage tank release.
(B) The underground storage tank is within the
minimum or maximum setback zone of a potable water
supply well or regulated recharge area of a potable
water supply well.
(C) There is evidence that, through natural or
manmade pathways, migration of petroleum or vapors
threaten human health or human safety or may cause
explosions in basements, crawl spaces, utility
conduits, storm or sanitary sewers, vaults or other
confined spaces.
(D) Class III special resource groundwater
exists within 200 feet of the excavation.
(E) A surface water body is adversely affected
by the presence of a visible sheen or free product
layer as the result of an underground storage tank
release.
(4) Sites shall be classified as Low Priority if
all of the following are met:
(A) The site does not meet any of the criteria
for classification as a High Priority Site.
(B) (i) The site is located in area designated
A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4,
C5 on the Illinois Geological Survey Circular (1984)
entitled "Potential for Contamination of Shallow
Aquifers in Illinois," by Berg, Richard C., et al.;
and
(ii) a site evaluation under the direction of
a Licensed Professional Engineer verifies the
physical soil classification conditions are
consistent with those indicated on the Illinois
Geological Survey Circular (1984) titled "Potential
for Contamination of Shallow Aquifers in Illinois,"
by Berg, Richard C., et al.; and
(iii) the results of the physical soil
classification and groundwater investigation do not
indicate an applicable indicator contaminant
groundwater quality standard or groundwater
objective has been exceeded at the property boundary
line or 200 feet from the underground storage tank,
whichever is less.
(5) In the event the results of the physical soil
classification and any required groundwater investigation
reveal that the actual site geologic characteristics are
different than those indicated by the Illinois Geological
Survey Circular (1984) titled "Potential for
Contamination of Shallow Aquifers in Illinois" by Berg,
Richard C., et al., classification of the site shall be
determined using the actual site geologic
characteristics.
(6) For purposes of physical soil classification,
the Board is authorized to prescribe by regulation
alternatives to use of the Illinois Geological Survey
Circular (1984) titled "Potential for Contamination of
Shallow Aquifers in Illinois" by Berg, Richard C., et al.
(c) Corrective Action.
(1) High Priority Site.
(A) Prior to performance of any corrective
action, beyond that required by Section 57.6 and
subsection (a) of Section 57.7 of this Act, the
owner or operator shall prepare and submit to the
Agency for the Agency's approval or modification a
corrective action plan designed to mitigate any
threat to human health, human safety or the
environment resulting from the underground storage
tank release.
(B) If the owner or operator intends to seek
payment from the Fund, prior to performance of any
corrective action beyond that required by Section
57.6 and subsection (a) of Section 57.7, the owner
or operator shall submit to the Agency for the
Agency's approval or modification a corrective
action plan budget which includes, but is not
limited to, an accounting of all costs associated
with the implementation and completion of the
corrective action plan.
(C) The corrective action plan shall do all of
the following:
(i) Provide that applicable indicator
contaminant groundwater quality standards or
groundwater objectives will not be exceeded in
groundwater at the property boundary line or
200 feet from the excavation, whichever is
less, or other level if approved by the Agency,
for any contaminant identified in the
groundwater investigation after complete
performance of the corrective action plan.
(ii) Provide that Class III special
resource groundwater quality standards for
Class III special resource groundwater within
200 feet of the excavation will not be exceeded
as a result of the underground storage tank
release for any indicator contaminant
identified in the groundwater investigation
after complete performance of the corrective
action plan.
(iii) Remediate threats due to the
presence or migration, through natural or
manmade pathways, of petroleum in
concentrations sufficient to harm human health
or human safety or to cause explosions in
basements, crawl spaces, utility conduits,
storm or sanitary sewers, vaults or other
confined spaces.
(iv) Remediate threats to a potable water
supply.
(v) Remediate threats to a surface water
body.
(D) Within 30 days of completion of the
corrective action, the owner or operator shall
submit to the Agency such a completion report that
includes a description of the corrective action plan
and a description of the corrective action work
performed and all analytical or sampling results
derived from performance of the corrective action
plan.
(E) The Agency shall issue to the owner or
operator a no further remediation letter in
accordance with Section 57.10 if all of the
following are met:
(i) The corrective action completion
report demonstrates that: (a) applicable
indicator contaminant groundwater quality
standards or groundwater objectives are not
exceeded at the property boundary line or 200
feet from the excavation, whichever is less, as
a result of the underground storage tank
release for any indicator contaminant
identified in the groundwater investigation;
(b) Class III special use resource groundwater
quality standards, for Class III special use
resource groundwater within 200 feet of the
underground storage tank, are not exceeded as a
result of the underground storage tank release
for any contaminant identified in the
groundwater investigation; (c) the underground
storage tank release does not threaten human
health or human safety due to the presence or
migration, through natural or manmade pathways,
of petroleum or hazardous substances in
concentrations sufficient to harm human health
or human safety or to cause explosions in
basements, crawl spaces, utility conduits,
storm or sanitary sewers, vaults or other
confined spaces; (d) the underground storage
tank release does not threaten any surface
water body; and (e) the underground storage
tank release does not threaten any potable
water supply.
(ii) The owner or operator submits to the
Agency a certification from a Licensed
Professional Engineer that the work described
in the approved corrective action plan has been
completed and that the information presented in
the corrective action completion report is
accurate and complete.
(2) Low Priority Site.
(A) Corrective action at a low priority site
must include groundwater monitoring consistent with
part (B) of this paragraph (2).
(B) Prior to implementation of groundwater
monitoring, the owner or operator shall prepare and
submit to the Agency a groundwater monitoring plan
and, if the owner or operator intends to seek
payment under this Title, an associated budget which
includes, at a minimum, all of the following:
(i) Placement of groundwater monitoring
wells at the property line, or at 200 feet from
the excavation which ever is closer, designed
to provide the greatest likelihood of detecting
migration of groundwater contamination.
(ii) Quarterly groundwater sampling for a
period of one year, semi-annual sampling for
the second year and annual groundwater sampling
for one subsequent year for all indicator
contaminants identified during the groundwater
investigation.
(iii) The annual submittal to the Agency
of a summary of groundwater sampling results.
(C) If at any time groundwater sampling
results indicate a confirmed exceedence of
applicable indicator contaminant groundwater quality
standards or groundwater objectives as a result of
the underground storage tank release, the site may
be reclassified as a High Priority Site by the
Agency at any time before the Agency's final
approval of a Low Priority groundwater monitoring
completion report. Agency review and approval shall
be in accordance with paragraph (4) of subsection
(c) of this Section. If the owner or operator elects
to appeal an Agency action to disapprove, modify, or
reject by operation of law a Low Priority
groundwater monitoring completion report, the Agency
shall indicate to the Board in conjunction with such
appeal whether it intends to reclassify the site as
High Priority. If a site is reclassified as a High
Priority Site, the owner or operator shall submit a
corrective action plan and budget to the Agency
within 120 days of the confirmed exceedence and
shall initiate compliance with all corrective action
requirements for a High Priority Site.
(D) If, throughout the implementation of the
groundwater monitoring plan, the groundwater
sampling results do not confirm an exceedence of
applicable indicator contaminant groundwater quality
standards or groundwater objectives as a result of
the underground storage tank release, the owner or
operator shall submit to the Agency a certification
of a Licensed Professional Engineer so stating.
(E) Unless the Agency takes action under
subsection (b)(2)(C) to reclassify a site as high
priority, upon receipt of a certification by a
Licensed Professional Engineer submitted pursuant to
paragraph (2) of subsection (c) of this Section, the
Agency shall issue to the owner or operator a no
further remediation letter in accordance with
Section 57.10.
(3) No Further Action Site.
(A) No Further Action sites require no
remediation beyond that required in Section 57.6 and
subsection (a) of this Section if the owner or
operator has submitted to the Agency a certification
by a Licensed Professional Engineer that the site
meets all of the criteria for classification as No
Further Action in subsection (b) of this Section.
(B) Unless the Agency takes action to reject
or modify a site classification under subsection (b)
of this Section or the site classification is
rejected by operation of law under item (4)(B) of
subsection (c) of this Section, upon receipt of a
certification by a Licensed Professional Engineer
submitted pursuant to part (A) of paragraph (3) of
subsection (c) of this Section, the Agency shall
issue to the owner or operator a no further
remediation letter in accordance with Section 57.10.
(4) Agency review and approval.
(A) Agency approval of any plan and associated
budget, as described in this item (4), shall be
considered final approval for purposes of seeking
and obtaining payment from the Underground Storage
Tank Fund if the costs associated with the
completion of any such plan are less than or equal
to the amounts approved in such budget.
(B) In the event the Agency fails to approve,
disapprove, or modify any plan or report submitted
pursuant to this Title in writing within 120 days of
the receipt by the Agency, the plan or report shall
be considered to be rejected by operation of law for
purposes of this Title and rejected for purposes of
payment from the Leaking Underground Storage Tank
Fund.
(i) For purposes of those plans as
identified in subparagraph (E) of this
subsection (c)(4), the Agency's review may be
an audit procedure. Such review or audit shall
be consistent with the procedure for such
review or audit as promulgated by the Board
under item (7) of subsection (b) of Section
57.14. The Agency has the authority to
establish an auditing program to verify
compliance of such plans with the provisions of
this Title.
(ii) For purposes of those plans
submitted pursuant to Part (E) (iii) of this
paragraph (4) for which payment from the Fund
is not being sought, the Agency need not take
action on such plan until 120 days after it
receives the corrective action completion
report required under Section 57(c)(1)(D). In
the event the Agency approved the plan, it
shall proceed under the provisions of Section
57(c)(4).
(C) In approving any plan submitted pursuant
to Part (E) of this paragraph (4), the Agency shall
determine, by a procedure promulgated by the Board
under item (7) of subsection (b) of Section 57.14,
that the costs associated with the plan are
reasonable, will be incurred in the performance of
corrective action, and will not be used for
corrective action activities in excess of those
required to meet the minimum requirements of this
title.
(D) For any plan or report received after
September 13, the effective date of this amendatory
Act of 1993, any action by the Agency to disapprove
or modify a plan submitted pursuant to this Title
shall be provided to the owner or operator in
writing within 120 days of the receipt by the Agency
or, in the case of a corrective action plan for
which payment is not being sought, within 120 days
of receipt of the corrective action completion
report, and shall be accompanied by:
(i) an explanation of the Sections of
this Act which may be violated if the plans
were approved;
(ii) an explanation of the provisions of
the regulations, promulgated under this Act,
which may be violated if the plan were
approved;
(iii) an explanation of the specific type
of information, if any, which the Agency deems
the applicant did not provide the Agency; and
(iv) a statement of specific reasons why
the Act and the regulations might not be met if
the plan were approved.
Any action by the Agency to disapprove or
modify a plan or report or the rejection of any plan
or report by operation of law shall be subject to
appeal to the Board in accordance with the
procedures of Section 40. If the owner or operator
elects to incorporate modifications required by the
Agency rather than appeal, an amended plan shall be
submitted to the Agency within 35 days of receipt of
the Agency's written notification.
(E) For purposes of this Title, the term
"plan" shall include:
(i) Any physical soil classification and
groundwater investigation plan submitted
pursuant to item (1)(A) of subsection (a) of
this Section, or budget under item (2) of
subsection (a) of this Section;
(ii) Any groundwater monitoring plan or
budget submitted pursuant to subsection
(c)(2)(B) of this Section;
(iii) Any corrective action plan
submitted pursuant to subsection (c)(1)(A) of
this Section; or
(iv) Any corrective action plan budget
submitted pursuant to subsection (c)(1)(B) of
this Section.
(d) For purposes of this Title, the term "indicator
contaminant" shall mean, unless and until the Board
promulgates regulations to the contrary, the following: (i)
if an underground storage tank contains gasoline, the
indicator parameter shall be BTEX and Benzene; (ii) if the
tank contained petroleum products consisting of middle
distillate or heavy ends, then the indicator parameter shall
be determined by a scan of PNA's taken from the location
where contamination is most likely to be present; and (iii)
if the tank contained used oil, then the indicator
contaminant shall be those chemical constituents which
indicate the type of petroleum stored in an underground
storage tank. All references in this Title to groundwater
objectives shall mean Class I groundwater standards or
objectives as applicable.
(e) (1) Notwithstanding the provisions of this Section,
an owner or operator may proceed to conduct physical soil
classification, groundwater investigation, site
classification or other corrective action prior to the
submittal or approval of an otherwise required plan. If
the owner or operator elects to so proceed, an applicable
plan shall be filed with the Agency at any time. Such
plan shall detail the steps taken to determine the type
of corrective action which was necessary at the site
along with the corrective action taken or to be taken, in
addition to costs associated with activities to date and
anticipated costs.
(2) Upon receipt of a plan submitted after
activities have commenced at a site, the Agency shall
proceed to review in the same manner as required under
this Title. In the event the Agency disapproves all or
part of the costs, the owner or operator may appeal such
decision to the Board. The owner or operator shall not
be eligible to be reimbursed for such disapproved costs
unless and until the Board determines that such costs
were eligible for payment.
(Source: P.A. 88-496; 88-668, eff. 9-16-94; 89-428, eff.
1-1-96; 89-457, eff. 5-22-96.)
(415 ILCS 5/57.8)
Sec. 57.8. Underground Storage Tank Fund; payment;
options for State payment; deferred correction election to
commence corrective action upon availability of funds. If an
owner or operator is eligible to access the Underground
Storage Tank Fund pursuant to an Office of State Fire Marshal
eligibility/deductible final determination letter issued in
accordance with Section 57.9, the owner or operator may
submit a complete application for final or partial payment to
the Agency for activities taken in response to a confirmed
release. An owner or operator may submit a request for
partial or final payment regarding a site no more frequently
than once every 90 days.
(a) Payment after completion of corrective action
measures. The owner or operator may submit an application for
payment for activities performed at a site after completion
of the requirements of Sections 57.6 and 57.7, or after
completion of any other required activities at the
underground storage tank site.
(1) In the case of any approved plan and budget for
which payment is being sought, the Agency shall make a
payment determination within 120 days of receipt of the
application. Such determination shall be considered a
final decision. The Agency's review shall be limited to
generally accepted auditing and accounting practices. In
no case shall the Agency conduct additional review of any
plan which was completed within the budget, beyond
auditing for adherence to the corrective action measures
in the proposal. If the Agency fails to approve the
payment application within 120 days, such application
shall be deemed approved by operation of law and the
Agency shall proceed to reimburse the owner or operator
the amount requested in the payment application.
However, in no event shall the Agency reimburse the owner
or operator an amount greater than the amount approved in
the plan.
(2) If sufficient funds are available in the
Underground Storage Tank Fund, the Agency shall, within
60 days, forward to the Office of the State Comptroller a
voucher in the amount approved under the payment
application.
(3) In the case of insufficient funds, the Agency
shall form a priority list for payment and shall notify
persons in such priority list monthly of the availability
of funds and when payment shall be made. Payment shall
be made to the owner or operator at such time as
sufficient funds become available for the costs
associated with corrective action and costs expended for
activities performed where no proposal is required, if
applicable. Such priority list shall be available to any
owner or operator upon request. Priority for payment
shall be determined by the date the Agency receives a
complete request for partial or final payment. Upon
receipt of notification from the Agency that the
requirements of this Title have been met, the Comptroller
shall make payment to the owner or operator of the amount
approved by the Agency, if sufficient money exists in the
Fund. If there is insufficient money in the Fund, then
payment shall not be made. If the owner or operator
appeals a final Agency payment determination and it is
determined that the owner or operator is eligible for
payment or additional payment, the priority date for the
payment or additional payment shall be the same as the
priority date assigned to the original request for
partial or final payment.
(4) Any deductible, as determined pursuant to the
Office of the State Fire Marshal's eligibility and
deductibility final determination in accordance with
Section 57.9, shall be subtracted from any payment
invoice paid to an eligible owner or operator. Only one
deductible shall apply per underground storage tank site.
(5) In the event that costs are or will be incurred
in addition to those approved by the Agency, or after
payment, the owner or operator may submit successive
plans containing amended budgets. The requirements of
Section 57.7 shall apply to any amended plans.
(6) For purposes of this Section, a complete
application shall consist of:
(A) A certification from a Licensed
Professional Engineer as required under this Title
and acknowledged by the owner or operator.
(B) A statement of the amount approved in the
plan and the amount actually sought for payment
along with a certified statement that the amount so
sought shall be expended in conformance with the
approved budget.
(C) A copy of the Office of the State Fire
Marshal's eligibility and deductibility
determination.
(D) Proof that approval of the payment
requested will not result in the limitations set
forth in subsection (g) of this Section being
exceeded.
(E) A federal taxpayer identification number
and legal status disclosure certification on a form
prescribed and provided by the Agency.
(b) Commencement of corrective action upon availability
of funds. The Board shall adopt regulations setting forth
procedures based on risk to human health or the environment
under which the owner or operator who has received approval
for any budget plan submitted pursuant to Section 57.7, and
who is eligible for payment from the Underground Storage Tank
Fund pursuant to an Office of the State Fire Marshal
eligibility and deductibility determination, may elect to
defer site classification, low priority groundwater
monitoring, or remediation activities until funds are
available in an amount equal to the amount approved in the
budget plan. The regulations shall establish criteria based
on risk to human health or the environment to be used for
determining on a site-by-site basis whether deferral is
appropriate. The regulations also shall establish the
minimum investigatory requirements for determining whether
the risk based criteria are present at a site considering
deferral and procedures for the notification of owners or
operators of insufficient funds, Agency review of request for
deferral, notification of Agency final decisions, returning
deferred sites to active status, and earmarking of funds for
payment.
(c) When the owner or operator requests indemnification
for payment of costs incurred as a result of a release of
petroleum from an underground storage tank, if the owner or
operator has satisfied the requirements of subsection (a) of
this Section, the Agency shall forward a copy of the request
to the Attorney General. The Attorney General shall review
and approve the request for indemnification if:
(1) there is a legally enforceable judgment entered
against the owner or operator and such judgment was
entered due to harm caused by a release of petroleum from
an underground storage tank and such judgment was not
entered as a result of fraud; or
(2) a settlement with a third party due to a
release of petroleum from an underground storage tank is
reasonable.
(d) Notwithstanding any other provision of this Title,
the Agency shall not approve payment to an owner or operator
from the Fund for costs of corrective action or
indemnification incurred during a calendar year in excess of
the following aggregate amounts based on the number of
petroleum underground storage tanks owned or operated by such
owner or operator in Illinois.
Amount Number of Tanks
$1,000,000............................fewer than 101
$2,000,000...............................101 or more
(1) Costs incurred in excess of the aggregate
amounts set forth in paragraph (1) of this subsection
shall not be eligible for payment in subsequent years.
(2) For purposes of this subsection, requests
submitted by any of the agencies, departments, boards,
committees or commissions of the State of Illinois shall
be acted upon as claims from a single owner or operator.
(3) For purposes of this subsection, owner or
operator includes (i) any subsidiary, parent, or joint
stock company of the owner or operator and (ii) any
company owned by any parent, subsidiary, or joint stock
company of the owner or operator.
(e) Costs of corrective action or indemnification
incurred by an owner or operator which have been paid to an
owner or operator under a policy of insurance, another
written agreement, or a court order are not eligible for
payment under this Section. An owner or operator who
receives payment under a policy of insurance, another written
agreement, or a court order shall reimburse the State to the
extent such payment covers costs for which payment was
received from the Fund. Any monies received by the State
under this subsection (e) shall be deposited into the Fund.
(f) (Blank.) Until the Board adopts regulations pursuant
to Section 57.14, handling charges are eligible for payment
only if they are equal to or less than the amount determined
by the following table:
Subcontract or field Eligible Handling Charges
Purchase Cost as a Percentage of Cost
$0 - $5,000...........................................12%
$5,001 - $15,000.............$600+10% of amt. over $5,000
$15,001 - $50,000...........$1600+8% of amt. over $15,000
$50,001 - $100,000..........$4400+5% of amt. over $50,000
$100,001 - $1,000,000......$6900+2% of amt. over $100,000
(g) The Agency shall not approve any payment from the
Fund to pay an owner or operator:
(1) for costs of corrective action incurred by such
owner or operator in an amount in excess of $1,000,000
per occurrence; and
(2) for costs of indemnification of such owner or
operator in an amount in excess of $1,000,000 per
occurrence.
(h) Payment of any amount from the Fund for corrective
action or indemnification shall be subject to the State
acquiring by subrogation the rights of any owner, operator,
or other person to recover the costs of corrective action or
indemnification for which the Fund has compensated such
owner, operator, or person from the person responsible or
liable for the release.
(i) If the Agency refuses to pay or authorizes only a
partial payment, the affected owner or operator may petition
the Board for a hearing in the manner provided for the review
of permit decisions in Section 40 of this Act.
(j) Costs of corrective action or indemnification
incurred by an owner or operator prior to July 28, 1989,
shall not be eligible for payment or reimbursement under this
Section.
(k) The Agency shall not pay costs of corrective action
or indemnification incurred before providing notification of
the release of petroleum in accordance with the provisions of
this Title.
(l) Corrective action does not include legal defense
costs. Legal defense costs include legal costs for seeking
payment under this Title unless the owner or operator
prevails before the Board in which case the Board may
authorize payment of legal fees.
(m) The Agency may apportion payment of costs for plans
submitted under Section 57.7(c)(4)(E)(iii) if:
(1) the owner or operator was deemed eligible to
access the Fund for payment of corrective action costs
for some, but not all, of the underground storage tanks
at the site; and
(2) the owner or operator failed to justify all
costs attributable to each underground storage tank at
the site.
(Source: P.A. 91-357, eff. 7-29-99.)
(415 ILCS 5/57.13)
Sec. 57.13. Underground Storage Tank Program; transition.
(a) If a release is reported to the proper State
authority on or after September 13, the effective date of
this amendatory Act of 1993, the owner or operator shall
comply with the requirements of this Title.
(b) If a release is reported to the proper State
authority prior to September 13, the effective date of this
amendatory Act of 1993, the owner or operator of an
underground storage tank may elect to proceed in accordance
with the requirements of this Title by submitting a written
statement to the Agency of such election. If the owner or
operator elects to proceed under the requirements of this
Title all costs incurred in connection with the incident
prior to notification shall be reimbursable in the same
manner as was allowable under the then existing law.
Completion of corrective action shall then follow the
provisions of this Title.
(Source: P.A. 88-496.)
(415 ILCS 5/58.7)
Sec. 58.7. Review and approvals.
(a) Requirements. All plans and reports that are
submitted pursuant to this Title shall be submitted for
review or approval in accordance with this Section.
(b) Review and evaluation by the Agency.
(1) Except for sites excluded under subdivision
(a)(2) of Section 58.1, the Agency shall, subject to
available resources, agree to provide review and
evaluation services for activities carried out pursuant
to this Title for which the RA requested the services in
writing. As a condition for providing such services, the
Agency may require that the RA for a site:
(A) Conform with the procedures of this Title;
(B) Allow for or otherwise arrange site visits
or other site evaluation by the Agency when so
requested;
(C) Agree to perform the Remedial Action Plan
work plan as approved under this Title;
(D) Agree to pay any reasonable costs incurred
and documented by the Agency in providing such
services;
(E) Make an advance partial payment to the
Agency for such anticipated services in an amount,
acceptable to the Agency, but not to exceed $5,000
or one-half of the total anticipated costs of the
Agency, whichever sum is less; and
(F) Demonstrate, if necessary, authority to
act on behalf of or in lieu of the owner or
operator.
(2) Any moneys received by the State for costs
incurred by the Agency in performing review or evaluation
services for actions conducted pursuant to this Title
shall be deposited in the Hazardous Waste Fund.
(3) An RA requesting services under subdivision
(b)(1) of this Section may, at any time, notify the
Agency, in writing, that Agency services previously
requested are no longer wanted. Within 180 days after
receipt of the notice, the Agency shall provide the RA
with a final invoice for services provided until the date
of such notifications.
(4) The Agency may invoice or otherwise request or
demand payment from a RA for costs incurred by the Agency
in performing review or evaluation services for actions
by the RA at sites only if:
(A) The Agency has incurred costs in
performing response actions, other than review or
evaluation services, due to the failure of the RA to
take response action in accordance with a notice
issued pursuant to this Act;
(B) The RA has agreed in writing to the
payment of such costs;
(C) The RA has been ordered to pay such costs
by the Board or a court of competent jurisdiction
pursuant to this Act; or
(D) The RA has requested or has consented to
Agency review or evaluation services under
subdivision (b)(1) of this Section.
(5) The Agency may, subject to available resources,
agree to provide review and evaluation services for
response actions if there is a written agreement among
parties to a legal action or if a notice to perform a
response action has been issued by the Agency.
(c) Review and evaluation by a Licensed Professional
Engineer. A RA may elect to contract with a Licensed
Professional Engineer who will perform review and evaluation
services on behalf of and under the direction of the Agency
relative to the site activities.
(1) Prior to entering into the contract with the
Review and Evaluation Licensed Professional Engineer
(RELPE), the RA shall notify the Agency of the RELPE to
be selected. The Agency and the RA shall discuss the
potential terms of the contract.
(2) At a minimum, the contract with the RELPE
shall provide that the RELPE will submit any reports
directly to the Agency, will take his or her directions
for work assignments from the Agency, and will perform
the assigned work on behalf of the Agency.
(3) Reasonable costs incurred by the Agency shall
be paid by the RA directly to the Agency in accordance
with the terms of the review and evaluation services
agreement entered into under subdivision (b)(1) of
Section 58.7.
(4) In no event shall the RELPE acting on behalf of
the Agency be an employee of the RA or the owner or
operator of the site or be an employee of any other
person the RA has contracted to provide services relative
to the site.
(d) Review and approval. All reviews required under
this Title shall be carried out by the Agency or a RELPE,
both under the direction of a Licensed Professional Engineer.
(1) All review activities conducted by the Agency
or a RELPE shall be carried out in conformance with this
Title and rules promulgated under Section 58.11.
(2) Specific plans, reports, and activities which
the Agency or a RELPE may review include:
(A) Site Investigation Reports and related
activities;
(B) Remediation Objectives Reports;
(C) Remedial Action Plans and related
activities; and
(D) Remedial Action Completion Reports and
related activities.
(3) Only the Agency shall have the authority to
approve, disapprove, or approve with conditions a plan
or report as a result of the review process including
those plans and reports reviewed by a RELPE. If the
Agency disapproves a plan or report or approves a plan or
report with conditions, the written notification required
by subdivision (d)(4) of this Section shall contain the
following information, as applicable:
(A) An explanation of the Sections of this
Title that may be violated if the plan or report was
approved;
(B) An explanation of the provisions of the
rules promulgated under this Title that may be
violated if the plan or report was approved;
(C) An explanation of the specific type of
information, if any, that the Agency deems the
applicant did not provide the Agency;
(D) A statement of specific reasons why the
Title and regulations might not be met if the plan
or report were approved; and
(E) An explanation of the reasons for
conditions if conditions are required.
(4) Upon approving, disapproving, or approving with
conditions a plan or report, the Agency shall notify the
RA in writing of its decision. In the case of approval
or approval with conditions of a Remedial Action
Completion Report, the Agency shall prepare a No Further
Remediation Letter that meets the requirements of Section
58.10 and send a copy of the letter to the RA.
(5) All reviews undertaken by the Agency or a RELPE
shall be completed and the decisions communicated to the
RA within 60 days of the request for review or approval.
The RA may waive the deadline upon a request from the
Agency. If the Agency disapproves or approves with
conditions a plan or report or fails to issue a final
decision within the 60 day period and the RA has not
agreed to a waiver of the deadline, the RA may, within 35
days, file an appeal to the Board. Appeals to the Board
shall be in the manner provided for the review of permit
decisions in Section 40 of this Act.
(e) Standard of review. In making determinations, the
following factors, and additional factors as may be adopted
by the Board in accordance with Section 58.11, shall be
considered by the Agency when reviewing or approving plans,
reports, and related activities, or the RELPE, when reviewing
plans, reports, and related activities:
(1) Site Investigation Reports and related
activities: Whether investigations have been conducted
and the results compiled in accordance with the
appropriate procedures and whether the interpretations
and conclusions reached are supported by the information
gathered. In making the determination, the following
factors shall be considered:
(A) The adequacy of the description of the
site and site characteristics that were used to
evaluate the site;
(B) The adequacy of the investigation of
potential pathways and risks to receptors identified
at the site; and
(C) The appropriateness of the sampling and
analysis used.
(2) Remediation Objectives Reports: Whether the
remediation objectives are consistent with the
requirements of the applicable method for selecting or
determining remediation objectives under Section 58.5.
In making the determination, the following factors shall
be considered:
(A) If the objectives were based on the
determination of area background levels under
subsection (b) of Section 58.5, whether the review
of current and historic conditions at or in the
immediate vicinity of the site has been thorough and
whether the site sampling and analysis has been
performed in a manner resulting in accurate
determinations;
(B) If the objectives were calculated on the
basis of predetermined equations using site specific
data, whether the calculations were accurately
performed and whether the site specific data reflect
actual site conditions; and
(C) If the objectives were determined using a
site specific risk assessment procedure, whether the
procedure used is nationally recognized and
accepted, whether the calculations were accurately
performed, and whether the site specific data
reflect actual site conditions.
(3) Remedial Action Plans and related activities:
Whether the plan will result in compliance with this
Title, and rules adopted under it and attainment of the
applicable remediation objectives. In making the
determination, the following factors shall be considered:
(A) The likelihood that the plan will result
in the attainment of the applicable remediation
objectives;
(B) Whether the activities proposed are
consistent with generally accepted engineering
practices; and
(C) The management of risk relative to any
remaining contamination, including but not limited
to, provisions for the long-term enforcement,
operation, and maintenance of institutional and
engineering controls, if relied on.
(4) Remedial Action Completion Reports and related
activities: Whether the remedial activities have been
completed in accordance with the approved Remedial Action
Plan and whether the applicable remediation objectives
have been attained.
(f) All plans and reports submitted for review shall
include a Licensed Professional Engineer's certification that
all investigations and remedial activities were carried out
under his or her direction and, to the best of his or her
knowledge and belief, the work described in the plan or
report has been completed in accordance with generally
accepted engineering practices, and the information presented
is accurate and complete.
(g) In accordance with Section 58.11, the Agency shall
propose and the Board shall adopt rules to carry out the
purposes of this Section. At a minimum, the rules shall
detail the types of services the Agency may provide in
response to requests under subdivision (b)(1) of this Section
and the recordkeeping it will utilize in documenting to the
RA the costs incurred by the Agency in providing such
services. Until the Board adopts the rules, the Agency may
continue to offer services of the type offered under
subsections (m) and (n) of Section 22.2 of this Act prior to
their repeal.
(h) Public participation.
(1) The Agency shall develop guidance to assist
RA's in the implementation of a community relations plan
to address activity at sites undergoing remedial action
pursuant to this Title.
(2) The RA may elect to enter into a services
agreement with the Agency for Agency assistance in
community outreach efforts.
(3) The Agency shall maintain a registry listing
those sites undergoing remedial action pursuant to this
Title.
(4) Notwithstanding any provisions of this Section,
the RA of a site undergoing remedial activity pursuant to
this Title may elect to initiate a community outreach
effort for the site.
(Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96;
89-626, eff. 8-9-96.)
(415 ILCS 5/58.8)
Sec. 58.8. Duty to record.
(a) The RA receiving a No Further Remediation Letter
from the Agency pursuant to Section 58.10, shall submit the
letter to the Office of the Recorder or the Registrar of
Titles of the county in which the site is located within 45
days of receipt of the letter. The Office of the Recorder or
the Registrar of Titles shall accept and record that letter
in accordance with Illinois law so that it forms a permanent
part of the chain of title for the site.
(b) A No Further Remediation Letter shall not become
effective until officially recorded in accordance with
subsection (a) of this Section. The RA shall obtain and
submit to the Agency a certified copy of the No Further
Remediation Letter as recorded.
(c) At no time shall any site for which a land use
limitation has been imposed as a result of remediation
activities under this Title be used in a manner inconsistent
with the land use limitation unless further investigation or
remedial action has been conducted that documents the
attainment of objectives appropriate for the new land use and
a new No Further Remediation Letter obtained and recorded in
accordance with this Title.
(d) In the event that a No Further Remediation Letter
issues by operation of law pursuant to Section 58.10, the RA
may, for purposes of this Section, file an affidavit stating
that the letter issued by operation of law. Upon receipt of
the No Further Remediation Letter from the Agency, the RA
shall comply with the requirements of subsections (a) and (b)
of this Section.
(Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.)
(415 ILCS 5/58.14)
Sec. 58.14. Environmental Remediation Tax Credit review.
(a) Prior to applying for the Environmental Remediation
Tax Credit under Section 201 of the Illinois Income Tax Act,
Remediation Applicants shall first submit to the Agency an
application for review of remediation costs. The application
and review process shall be conducted in accordance with the
requirements of this Section and the rules adopted under
subsection (g). A preliminary review of the estimated
remediation costs for development and implementation of the
Remedial Action Plan may be obtained in accordance with
subsection (d).
(b) No application for review shall be submitted until a
No Further Remediation Letter has been issued by the Agency
and recorded in the chain of title for the site in accordance
with Section 58.10. The Agency shall review the application
to determine whether the costs submitted are remediation
costs, and whether the costs incurred are reasonable. The
application shall be on forms prescribed and provided by the
Agency. At a minimum, the application shall include the
following:
(1) information identifying the Remediation
Applicant and the site for which the tax credit is being
sought and the date of acceptance of the site into the
Site Remediation Program;
(2) a copy of the No Further Remediation Letter
with official verification that the letter has been
recorded in the chain of title for the site and a
demonstration that the site for which the application is
submitted is the same site as the one for which the No
Further Remediation Letter is issued;
(3) a demonstration that the release of the
regulated substances of concern for which the No Further
Remediation Letter was issued were not caused or
contributed to in any material respect by the Remediation
Applicant. After the Pollution Control Board rules are
adopted pursuant to the Illinois Administrative Procedure
Act for the administration and enforcement of Section
58.9 of the Environmental Protection Act, determinations
as to credit availability shall be made consistent with
those rules;
(4) an itemization and documentation, including
receipts, of the remediation costs incurred;
(5) a demonstration that the costs incurred are
remediation costs as defined in this Act and its rules;
(6) a demonstration that the costs submitted for
review were incurred by the Remediation Applicant who
received the No Further Remediation Letter;
(7) an application fee in the amount set forth in
subsection (e) for each site for which review of
remediation costs is requested and, if applicable,
certification from the Department of Commerce and
Community Affairs that the site is located in an
enterprise zone;
(8) any other information deemed appropriate by the
Agency.
(c) Within 60 days after receipt by the Agency of an
application meeting the requirements of subsection (b), the
Agency shall issue a letter to the applicant approving,
disapproving, or modifying the remediation costs submitted in
the application. If the remediation costs are approved as
submitted, the Agency's letter shall state the amount of the
remediation costs to be applied toward the Environmental
Remediation Tax Credit. If an application is disapproved or
approved with modification of remediation costs, the Agency's
letter shall set forth the reasons for the disapproval or
modification and state the amount of the remediation costs,
if any, to be applied toward the Environmental Remediation
Tax Credit.
If a preliminary review of a budget plan has been
obtained under subsection (d), the Remediation Applicant may
submit, with the application and supporting documentation
under subsection (b), a copy of the Agency's final
determination accompanied by a certification that the actual
remediation costs incurred for the development and
implementation of the Remedial Action Plan are equal to or
less than the costs approved in the Agency's final
determination on the budget plan. The certification shall be
signed by the Remediation Applicant and notarized. Based on
that submission, the Agency shall not be required to conduct
further review of the costs incurred for development and
implementation of the Remedial Action Plan and may approve
costs as submitted.
Within 35 days after receipt of an Agency letter
disapproving or modifying an application for approval of
remediation costs, the Remediation Applicant may appeal the
Agency's decision to the Board in the manner provided for the
review of permits in Section 40 of this Act.
(d) (1) A Remediation Applicant may obtain a preliminary
review of estimated remediation costs for the development
and implementation of the Remedial Action Plan by
submitting a budget plan along with the Remedial Action
Plan. The budget plan shall be set forth on forms
prescribed and provided by the Agency and shall include
but shall not be limited to line item estimates of the
costs associated with each line item (such as personnel,
equipment, and materials) that the Remediation Applicant
anticipates will be incurred for the development and
implementation of the Remedial Action Plan. The Agency
shall review the budget plan along with the Remedial
Action Plan to determine whether the estimated costs
submitted are remediation costs and whether the costs
estimated for the activities are reasonable.
(2) If the Remedial Action Plan is amended by the
Remediation Applicant or as a result of Agency action,
the corresponding budget plan shall be revised
accordingly and resubmitted for Agency review.
(3) The budget plan shall be accompanied by the
applicable fee as set forth in subsection (e).
(4) Submittal of a budget plan shall be deemed an
automatic 60-day waiver of the Remedial Action Plan
review deadlines set forth in this Section and its rules.
(5) Within the applicable period of review, the
Agency shall issue a letter to the Remediation Applicant
approving, disapproving, or modifying the estimated
remediation costs submitted in the budget plan. If a
budget plan is disapproved or approved with modification
of estimated remediation costs, the Agency's letter shall
set forth the reasons for the disapproval or
modification.
(6) Within 35 days after receipt of an Agency
letter disapproving or modifying a budget plan, the
Remediation Applicant may appeal the Agency's decision to
the Board in the manner provided for the review of
permits in Section 40 of this Act.
(e) The fees for reviews conducted under this Section
are in addition to any other fees or payments for Agency
services rendered pursuant to the Site Remediation Program
and shall be as follows:
(1) The fee for an application for review of
remediation costs shall be $1,000 for each site reviewed.
(2) The fee for the review of the budget plan
submitted under subsection (d) shall be $500 for each
site reviewed.
(3) In the case of a Remediation Applicant
submitting for review total remediation costs of $100,000
or less for a site located within an enterprise zone (as
set forth in paragraph (i) of subsection (l) of Section
201 of the Illinois Income Tax Act), the fee for an
application for review of remediation costs shall be $250
for each site reviewed. For those sites, there shall be
no fee for review of a budget plan under subsection (d).
The application fee shall be made payable to the State of
Illinois, for deposit into the Hazardous Waste Fund.
Pursuant to appropriation, the Agency shall use the fees
collected under this subsection for development and
administration of the review program.
(f) The Agency shall have the authority to enter into
any contracts or agreements that may be necessary to carry
out its duties and responsibilities under this Section.
(g) Within 6 months after July 21, the effective date of
this amendatory Act of 1997, the Agency shall propose rules
prescribing procedures and standards for its administration
of this Section. Within 6 months after receipt of the
Agency's proposed rules, the Board shall adopt on second
notice, pursuant to Sections 27 and 28 of this Act and the
Illinois Administrative Procedure Act, rules that are
consistent with this Section. Prior to the effective date of
rules adopted under this Section, the Agency may conduct
reviews of applications under this Section and the Agency is
further authorized to distribute guidance documents on costs
that are eligible or ineligible as remediation costs.
(Source: P.A. 90-123, eff. 7-21-97; 90-792, eff. 1-1-99.)
(415 ILCS 5/58.17)
Sec. 58.17. Environmental Land Use Control. No later
than 2 months after July 7, 2000 the effective date of this
amendatory Act of the 91st General Assembly, the Agency,
after consideration of the recommendations of the Regulations
and Site Remediation Advisory Committee, shall propose rules
creating an instrument to be known as the Environmental Land
Use Control (ELUC). Within 6 months after receipt of the
Agency's proposed rules, the Board shall adopt, pursuant to
Sections 27 and 28 of this Act, rules creating the ELUC that
establish land use limitations or obligations on the use of
real property when necessary to manage risk to human health
or the environment arising from contamination left in place
pursuant to the procedures set forth in Section 58.5 of this
Act or 35 Ill. Adm. Code 742. The rules shall include
provisions addressing establishment, content, recording,
duration, and enforcement of ELUCs.
(Source: P.A. 91-909, eff. 7-7-00.)
(415 ILCS 5/4.1 rep.)
(415 ILCS 5/5.1 rep.)
(415 ILCS 5/12.1 rep.)
(415 ILCS 5/22.20 rep.)
(415 ILCS 5/22.41 rep.)
(415 ILCS 5/22.42 rep.)
(415 ILCS 5/50 rep.)
Section 10. The Environmental Protection Act is amended
by repealing Sections 4.1, 5.1, 12.1, 22.20, 22.41, 22.42,
and 50.
Section 15. The Employment of Illinois Workers on Public
Works Act is amended by changing Section 1 as follows:
(30 ILCS 570/1) (from Ch. 48, par. 2201)
Sec. 1. For the purposes of Article 2 of this Act, the
following words have the meanings ascribed to them in this
Section.
(1) "Illinois laborer" refers to any person who has
resided in Illinois for at least 30 days and intends to
become or remain an Illinois resident.
(2) "A period of excessive unemployment" means any month
immediately following 2 consecutive calendar months during
which the level of unemployment in the State of Illinois has
exceeded 5% as measured by the United States Bureau of Labor
Statistics in its monthly publication of employment and
unemployment figures.
(3) "Hazardous waste" has the definition ascribed to it
in Section 3.220 3.15 of the Illinois Environmental
Protection Act, approved June 29, 1970, as amended.
(Source: P.A. 86-1015.)
Section 20. The Counties Code is amended by changing
Section 5-15002 as follows:
(55 ILCS 5/5-15002) (from Ch. 34, par. 5-15002)
Sec. 5-15002. Definitions. When used in this Division
the term "waterworks system" means and includes a waterworks
system in its entirety, or any integral part thereof,
including mains, hydrants, meters, valves, standpipes,
storage tanks, pumps, tanks, intakes, wells, impounding
reservoirs, machinery, purification plants, softening
apparatus, and all other elements useful in connection with a
water supply or water distribution system.
The term "sewerage system" means and includes any or all
of the following: Sewerage treatment plant or plants,
collecting, intercepting, and outlet sewers, lateral sewers
and drains, including combined storm water and sanitary
drains, force mains, conduits, pumping stations, ejector
stations, and all other appurtenances, extensions and
improvements necessary, useful or convenient for the
collection, treatment and disposal in a sanitary manner of
storm water, sanitary sewage and industrial wastes.
The term "combined waterworks and sewerage system" means
and includes a waterworks and sewerage system, as hereinabove
defined, which any county shall determine to operate in
combination.
The term "waste management" means the process of storage,
treatment or disposal, but not the hauling or transport, of
"waste" as defined in Section 3.535 3.53 of the Environmental
Protection Act, but excluding "hazardous waste" as defined in
that Act.
(Source: P.A. 86-962; 87-650.)
Section 25. The Illinois Municipal Code is amended by
changing Section 11-31-1 as follows:
(65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
Sec. 11-31-1. Demolition, repair, enclosure, or
remediation.
(a) The corporate authorities of each municipality may
demolish, repair, or enclose or cause the demolition, repair,
or enclosure of dangerous and unsafe buildings or uncompleted
and abandoned buildings within the territory of the
municipality and may remove or cause the removal of garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials from those buildings. In any county having
adopted by referendum or otherwise a county health department
as provided by Division 5-25 of the Counties Code or its
predecessor, the county board of that county may exercise
those powers with regard to dangerous and unsafe buildings or
uncompleted and abandoned buildings within the territory of
any city, village, or incorporated town having less than
50,000 population.
The corporate authorities shall apply to the circuit
court of the county in which the building is located (i) for
an order authorizing action to be taken with respect to a
building if the owner or owners of the building, including
the lien holders of record, after at least 15 days' written
notice by mail so to do, have failed to put the building in a
safe condition or to demolish it or (ii) for an order
requiring the owner or owners of record to demolish, repair,
or enclose the building or to remove garbage, debris, and
other hazardous, noxious, or unhealthy substances or
materials from the building. It is not a defense to the
cause of action that the building is boarded up or otherwise
enclosed, although the court may order the defendant to have
the building boarded up or otherwise enclosed. Where, upon
diligent search, the identity or whereabouts of the owner or
owners of the building, including the lien holders of record,
is not ascertainable, notice mailed to the person or persons
in whose name the real estate was last assessed is sufficient
notice under this Section.
The hearing upon the application to the circuit court
shall be expedited by the court and shall be given precedence
over all other suits. Any person entitled to bring an action
under subsection (b) shall have the right to intervene in an
action brought under this Section.
The cost of the demolition, repair, enclosure, or removal
incurred by the municipality, by an intervenor, or by a lien
holder of record, including court costs, attorney's fees, and
other costs related to the enforcement of this Section, is
recoverable from the owner or owners of the real estate or
the previous owner or both if the property was transferred
during the 15 day notice period and is a lien on the real
estate; the lien is superior to all prior existing liens and
encumbrances, except taxes, if, within 180 days after the
repair, demolition, enclosure, or removal, the municipality,
the lien holder of record, or the intervenor who incurred the
cost and expense shall file a notice of lien for the cost and
expense incurred in the office of the recorder in the county
in which the real estate is located or in the office of the
registrar of titles of the county if the real estate affected
is registered under the Registered Titles (Torrens) Act.
The notice must consist of a sworn statement setting out
(1) a description of the real estate sufficient for its
identification, (2) the amount of money representing the cost
and expense incurred, and (3) the date or dates when the cost
and expense was incurred by the municipality, the lien holder
of record, or the intervenor. Upon payment of the cost and
expense by the owner of or persons interested in the property
after the notice of lien has been filed, the lien shall be
released by the municipality, the person in whose name the
lien has been filed, or the assignee of the lien, and the
release may be filed of record as in the case of filing
notice of lien. Unless the lien is enforced under subsection
(c), the lien may be enforced by foreclosure proceedings as
in the case of mortgage foreclosures under Article XV of the
Code of Civil Procedure or mechanics' lien foreclosures. An
action to foreclose this lien may be commenced at any time
after the date of filing of the notice of lien. The costs of
foreclosure incurred by the municipality, including court
costs, reasonable attorney's fees, advances to preserve the
property, and other costs related to the enforcement of this
subsection, plus statutory interest, are a lien on the real
estate and are recoverable by the municipality from the owner
or owners of the real estate.
All liens arising under this subsection (a) shall be
assignable. The assignee of the lien shall have the same
power to enforce the lien as the assigning party, except that
the lien may not be enforced under subsection (c).
If the appropriate official of any municipality
determines that any dangerous and unsafe building or
uncompleted and abandoned building within its territory
fulfills the requirements for an action by the municipality
under the Abandoned Housing Rehabilitation Act, the
municipality may petition under that Act in a proceeding
brought under this subsection.
(b) Any owner or tenant of real property within 1200
feet in any direction of any dangerous or unsafe building
located within the territory of a municipality with a
population of 500,000 or more may file with the appropriate
municipal authority a request that the municipality apply to
the circuit court of the county in which the building is
located for an order permitting the demolition, removal of
garbage, debris, and other noxious or unhealthy substances
and materials from, or repair or enclosure of the building in
the manner prescribed in subsection (a) of this Section. If
the municipality fails to institute an action in circuit
court within 90 days after the filing of the request, the
owner or tenant of real property within 1200 feet in any
direction of the building may institute an action in circuit
court seeking an order compelling the owner or owners of
record to demolish, remove garbage, debris, and other noxious
or unhealthy substances and materials from, repair or enclose
or to cause to be demolished, have garbage, debris, and other
noxious or unhealthy substances and materials removed from,
repaired, or enclosed the building in question. A private
owner or tenant who institutes an action under the preceding
sentence shall not be required to pay any fee to the clerk of
the circuit court. The cost of repair, removal, demolition,
or enclosure shall be borne by the owner or owners of record
of the building. In the event the owner or owners of record
fail to demolish, remove garbage, debris, and other noxious
or unhealthy substances and materials from, repair, or
enclose the building within 90 days of the date the court
entered its order, the owner or tenant who instituted the
action may request that the court join the municipality as a
party to the action. The court may order the municipality to
demolish, remove materials from, repair, or enclose the
building, or cause that action to be taken upon the request
of any owner or tenant who instituted the action or upon the
municipality's request. The municipality may file, and the
court may approve, a plan for rehabilitating the building in
question. A court order authorizing the municipality to
demolish, remove materials from, repair, or enclose a
building, or cause that action to be taken, shall not
preclude the court from adjudging the owner or owners of
record of the building in contempt of court due to the
failure to comply with the order to demolish, remove garbage,
debris, and other noxious or unhealthy substances and
materials from, repair, or enclose the building.
If a municipality or a person or persons other than the
owner or owners of record pay the cost of demolition, removal
of garbage, debris, and other noxious or unhealthy substances
and materials, repair, or enclosure pursuant to a court
order, the cost, including court costs, attorney's fees, and
other costs related to the enforcement of this subsection, is
recoverable from the owner or owners of the real estate and
is a lien on the real estate; the lien is superior to all
prior existing liens and encumbrances, except taxes, if,
within 180 days after the repair, removal, demolition, or
enclosure, the municipality or the person or persons who paid
the costs of demolition, removal, repair, or enclosure shall
file a notice of lien of the cost and expense incurred in the
office of the recorder in the county in which the real estate
is located or in the office of the registrar of the county if
the real estate affected is registered under the Registered
Titles (Torrens) Act. The notice shall be in a form as is
provided in subsection (a). An owner or tenant who
institutes an action in circuit court seeking an order to
compel the owner or owners of record to demolish, remove
materials from, repair, or enclose any dangerous or unsafe
building, or to cause that action to be taken under this
subsection may recover court costs and reasonable attorney's
fees for instituting the action from the owner or owners of
record of the building. Upon payment of the costs and
expenses by the owner of or a person interested in the
property after the notice of lien has been filed, the lien
shall be released by the municipality or the person in whose
name the lien has been filed or his or her assignee, and the
release may be filed of record as in the case of filing a
notice of lien. Unless the lien is enforced under subsection
(c), the lien may be enforced by foreclosure proceedings as
in the case of mortgage foreclosures under Article XV of the
Code of Civil Procedure or mechanics' lien foreclosures. An
action to foreclose this lien may be commenced at any time
after the date of filing of the notice of lien. The costs of
foreclosure incurred by the municipality, including court
costs, reasonable attorneys' fees, advances to preserve the
property, and other costs related to the enforcement of this
subsection, plus statutory interest, are a lien on the real
estate and are recoverable by the municipality from the owner
or owners of the real estate.
All liens arising under the terms of this subsection (b)
shall be assignable. The assignee of the lien shall have the
same power to enforce the lien as the assigning party, except
that the lien may not be enforced under subsection (c).
(c) In any case where a municipality has obtained a lien
under subsection (a), (b), or (f), the municipality may
enforce the lien under this subsection (c) in the same
proceeding in which the lien is authorized.
A municipality desiring to enforce a lien under this
subsection (c) shall petition the court to retain
jurisdiction for foreclosure proceedings under this
subsection. Notice of the petition shall be served, by
certified or registered mail, on all persons who were served
notice under subsection (a), (b), or (f). The court shall
conduct a hearing on the petition not less than 15 days after
the notice is served. If the court determines that the
requirements of this subsection (c) have been satisfied, it
shall grant the petition and retain jurisdiction over the
matter until the foreclosure proceeding is completed. The
costs of foreclosure incurred by the municipality, including
court costs, reasonable attorneys' fees, advances to preserve
the property, and other costs related to the enforcement of
this subsection, plus statutory interest, are a lien on the
real estate and are recoverable by the municipality from the
owner or owners of the real estate. If the court denies the
petition, the municipality may enforce the lien in a separate
action as provided in subsection (a), (b), or (f).
All persons designated in Section 15-1501 of the Code of
Civil Procedure as necessary parties in a mortgage
foreclosure action shall be joined as parties before issuance
of an order of foreclosure. Persons designated in Section
15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil
Procedure applicable to mortgage foreclosures shall apply to
the foreclosure of a lien under this subsection (c), except
to the extent that those provisions are inconsistent with
this subsection. For purposes of foreclosures of liens
under this subsection, however, the redemption period
described in subsection (b) of Section 15-1603 of the Code of
Civil Procedure shall end 60 days after the date of entry of
the order of foreclosure.
(d) In addition to any other remedy provided by law, the
corporate authorities of any municipality may petition the
circuit court to have property declared abandoned under this
subsection (d) if:
(1) the property has been tax delinquent for 2 or
more years or bills for water service for the property
have been outstanding for 2 or more years;
(2) the property is unoccupied by persons legally
in possession; and
(3) the property contains a dangerous or unsafe
building.
All persons having an interest of record in the property,
including tax purchasers and beneficial owners of any
Illinois land trust having title to the property, shall be
named as defendants in the petition and shall be served with
process. In addition, service shall be had under Section
2-206 of the Code of Civil Procedure as in other cases
affecting property.
The municipality, however, may proceed under this
subsection in a proceeding brought under subsection (a) or
(b). Notice of the petition shall be served by certified or
registered mail on all persons who were served notice under
subsection (a) or (b).
If the municipality proves that the conditions described
in this subsection exist and the owner of record of the
property does not enter an appearance in the action, or, if
title to the property is held by an Illinois land trust, if
neither the owner of record nor the owner of the beneficial
interest of the trust enters an appearance, the court shall
declare the property abandoned.
If that determination is made, notice shall be sent by
certified or registered mail to all persons having an
interest of record in the property, including tax purchasers
and beneficial owners of any Illinois land trust having title
to the property, stating that title to the property will be
transferred to the municipality unless, within 30 days of the
notice, the owner of record enters an appearance in the
action, or unless any other person having an interest in the
property files with the court a request to demolish the
dangerous or unsafe building or to put the building in safe
condition.
If the owner of record enters an appearance in the action
within the 30 day period, the court shall vacate its order
declaring the property abandoned. In that case, the
municipality may amend its complaint in order to initiate
proceedings under subsection (a).
If a request to demolish or repair the building is filed
within the 30 day period, the court shall grant permission to
the requesting party to demolish the building within 30 days
or to restore the building to safe condition within 60 days
after the request is granted. An extension of that period
for up to 60 additional days may be given for good cause. If
more than one person with an interest in the property files a
timely request, preference shall be given to the person with
the lien or other interest of the highest priority.
If the requesting party proves to the court that the
building has been demolished or put in a safe condition
within the period of time granted by the court, the court
shall issue a quitclaim judicial deed for the property to the
requesting party, conveying only the interest of the owner of
record, upon proof of payment to the municipality of all
costs incurred by the municipality in connection with the
action, including but not limited to court costs, attorney's
fees, administrative costs, the costs, if any, associated
with building enclosure or removal, and receiver's
certificates. The interest in the property so conveyed shall
be subject to all liens and encumbrances on the property. In
addition, if the interest is conveyed to a person holding a
certificate of purchase for the property under the Property
Tax Code, the conveyance shall be subject to the rights of
redemption of all persons entitled to redeem under that Act,
including the original owner of record.
If no person with an interest in the property files a
timely request or if the requesting party fails to demolish
the building or put the building in safe condition within the
time specified by the court, the municipality may petition
the court to issue a judicial deed for the property to the
municipality. A conveyance by judicial deed shall operate to
extinguish all existing ownership interests in, liens on, and
other interest in the property, including tax liens, and
shall extinguish the rights and interests of any and all
holders of a bona fide certificate of purchase of the
property for delinquent taxes. Any such bona fide
certificate of purchase holder shall be entitled to a sale in
error as prescribed under Section 21-310 of the Property Tax
Code.
(e) Each municipality may use the provisions of this
subsection to expedite the removal of certain buildings that
are a continuing hazard to the community in which they are
located.
If a residential or commercial building is 3 stories or
less in height as defined by the municipality's building
code, and the corporate official designated to be in charge
of enforcing the municipality's building code determines that
the building is open and vacant and an immediate and
continuing hazard to the community in which the building is
located, then the official shall be authorized to post a
notice not less than 2 feet by 2 feet in size on the front of
the building. The notice shall be dated as of the date of
the posting and shall state that unless the building is
demolished, repaired, or enclosed, and unless any garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials are removed so that an immediate and continuing
hazard to the community no longer exists, then the building
may be demolished, repaired, or enclosed, or any garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials may be removed, by the municipality.
Not later than 30 days following the posting of the
notice, the municipality shall do all of the following:
(1) Cause to be sent, by certified mail, return
receipt requested, a Notice to Remediate to all owners
of record of the property, the beneficial owners of any
Illinois land trust having title to the property, and all
lienholders of record in the property, stating the intent
of the municipality to demolish, repair, or enclose the
building or remove any garbage, debris, or other
hazardous, noxious, or unhealthy substances or materials
if that action is not taken by the owner or owners.
(2) Cause to be published, in a newspaper published
or circulated in the municipality where the building is
located, a notice setting forth (i) the permanent tax
index number and the address of the building, (ii) a
statement that the property is open and vacant and
constitutes an immediate and continuing hazard to the
community, and (iii) a statement that the municipality
intends to demolish, repair, or enclose the building or
remove any garbage, debris, or other hazardous, noxious,
or unhealthy substances or materials if the owner or
owners or lienholders of record fail to do so. This
notice shall be published for 3 consecutive days.
(3) Cause to be recorded the Notice to Remediate
mailed under paragraph (1) in the office of the recorder
in the county in which the real estate is located or in
the office of the registrar of titles of the county if
the real estate is registered under the Registered Title
(Torrens) Act.
Any person or persons with a current legal or equitable
interest in the property objecting to the proposed actions of
the corporate authorities may file his or her objection in an
appropriate form in a court of competent jurisdiction.
If the building is not demolished, repaired, or enclosed,
or the garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials are not removed, within 30
days of mailing the notice to the owners of record, the
beneficial owners of any Illinois land trust having title to
the property, and all lienholders of record in the property,
or within 30 days of the last day of publication of the
notice, whichever is later, the corporate authorities shall
have the power to demolish, repair, or enclose the building
or to remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials.
The municipality may proceed to demolish, repair, or
enclose a building or remove any garbage, debris, or other
hazardous, noxious, or unhealthy substances or materials
under this subsection within a 120-day period following the
date of the mailing of the notice if the appropriate official
determines that the demolition, repair, enclosure, or removal
of any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials is necessary to remedy the
immediate and continuing hazard. If, however, before the
municipality proceeds with any of the actions authorized by
this subsection, any person with a legal or equitable
interest in the property has sought a hearing under this
subsection before a court and has served a copy of the
complaint on the chief executive officer of the municipality,
then the municipality shall not proceed with the demolition,
repair, enclosure, or removal of garbage, debris, or other
substances until the court determines that that action is
necessary to remedy the hazard and issues an order
authorizing the municipality to do so.
Following the demolition, repair, or enclosure of a
building, or the removal of garbage, debris, or other
hazardous, noxious, or unhealthy substances or materials
under this subsection, the municipality may file a notice of
lien against the real estate for the cost of the demolition,
repair, enclosure, or removal within 180 days after the
repair, demolition, enclosure, or removal occurred, for the
cost and expense incurred, in the office of the recorder in
the county in which the real estate is located or in the
office of the registrar of titles of the county if the real
estate affected is registered under the Registered Titles
(Torrens) Act; this lien has priority over the interests of
those parties named in the Notice to Remediate mailed under
paragraph (1), but not over the interests of third party
purchasers or encumbrancers for value who obtained their
interests in the property before obtaining actual or
constructive notice of the lien. The notice of lien shall
consist of a sworn statement setting forth (i) a description
of the real estate, such as the address or other description
of the property, sufficient for its identification; (ii) the
expenses incurred by the municipality in undertaking the
remedial actions authorized under this subsection; (iii) the
date or dates the expenses were incurred by the municipality;
(iv) a statement by the corporate official responsible for
enforcing the building code that the building was open and
vacant and constituted an immediate and continuing hazard to
the community; (v) a statement by the corporate official that
the required sign was posted on the building, that notice was
sent by certified mail to the owners of record, and that
notice was published in accordance with this subsection; and
(vi) a statement as to when and where the notice was
published. The lien authorized by this subsection may
thereafter be released or enforced by the municipality as
provided in subsection (a).
(f) The corporate authorities of each municipality may
remove or cause the removal of, or otherwise environmentally
remediate hazardous substances and petroleum products on, in,
or under any abandoned and unsafe property within the
territory of a municipality. In addition, where preliminary
evidence indicates the presence or likely presence of a
hazardous substance or a petroleum product or a release or a
substantial threat of a release of a hazardous substance or a
petroleum product on, in, or under the property, the
corporate authorities of the municipality may inspect the
property and test for the presence or release of hazardous
substances and petroleum products. In any county having
adopted by referendum or otherwise a county health department
as provided by Division 5-25 of the Counties Code or its
predecessor, the county board of that county may exercise the
above-described powers with regard to property within the
territory of any city, village, or incorporated town having
less than 50,000 population.
For purposes of this subsection (f):
(1) "property" or "real estate" means all real
property, whether or not improved by a structure;
(2) "abandoned" means;
(A) the property has been tax delinquent for 2
or more years;
(B) the property is unoccupied by persons
legally in possession; and
(3) "unsafe" means property that presents an actual
or imminent threat to public health and safety caused by
the release of hazardous substances; and
(4) "hazardous substances" means the same as in
Section 3.215 3.14 of the Environmental Protection Act.
The corporate authorities shall apply to the circuit
court of the county in which the property is located (i) for
an order allowing the municipality to enter the property and
inspect and test substances on, in, or under the property; or
(ii) for an order authorizing the corporate authorities to
take action with respect to remediation of the property if
conditions on the property, based on the inspection and
testing authorized in paragraph (i), indicate the presence of
hazardous substances or petroleum products. Remediation
shall be deemed complete for purposes of paragraph (ii) above
when the property satisfies Tier I, II, or III remediation
objectives for the property's most recent usage, as
established by the Environmental Protection Act, and the
rules and regulations promulgated thereunder. Where, upon
diligent search, the identity or whereabouts of the owner or
owners of the property, including the lien holders of record,
is not ascertainable, notice mailed to the person or persons
in whose name the real estate was last assessed is sufficient
notice under this Section.
The court shall grant an order authorizing testing under
paragraph (i) above upon a showing of preliminary evidence
indicating the presence or likely presence of a hazardous
substance or a petroleum product or a release of or a
substantial threat of a release of a hazardous substance or a
petroleum product on, in, or under abandoned property. The
preliminary evidence may include, but is not limited to,
evidence of prior use, visual site inspection, or records of
prior environmental investigations. The testing authorized
by paragraph (i) above shall include any type of
investigation which is necessary for an environmental
professional to determine the environmental condition of the
property, including but not limited to performance of soil
borings and groundwater monitoring. The court shall grant a
remediation order under paragraph (ii) above where testing of
the property indicates that it fails to meet the applicable
remediation objectives. The hearing upon the application to
the circuit court shall be expedited by the court and shall
be given precedence over all other suits.
The cost of the inspection, testing, or remediation
incurred by the municipality or by a lien holder of record,
including court costs, attorney's fees, and other costs
related to the enforcement of this Section, is a lien on the
real estate; except that in any instances where a
municipality incurs costs of inspection and testing but finds
no hazardous substances or petroleum products on the property
that present an actual or imminent threat to public health
and safety, such costs are not recoverable from the owners
nor are such costs a lien on the real estate. The lien is
superior to all prior existing liens and encumbrances, except
taxes and any lien obtained under subsection (a) or (e), if,
within 180 days after the completion of the inspection,
testing, or remediation, the municipality or the lien holder
of record who incurred the cost and expense shall file a
notice of lien for the cost and expense incurred in the
office of the recorder in the county in which the real estate
is located or in the office of the registrar of titles of the
county if the real estate affected is registered under the
Registered Titles (Torrens) Act.
The notice must consist of a sworn statement setting out
(i) a description of the real estate sufficient for its
identification, (ii) the amount of money representing the
cost and expense incurred, and (iii) the date or dates when
the cost and expense was incurred by the municipality or the
lien holder of record. Upon payment of the lien amount by
the owner of or persons interested in the property after the
notice of lien has been filed, a release of lien shall be
issued by the municipality, the person in whose name the lien
has been filed, or the assignee of the lien, and the release
may be filed of record as in the case of filing notice of
lien.
The lien may be enforced under subsection (c) or by
foreclosure proceedings as in the case of mortgage
foreclosures under Article XV of the Code of Civil Procedure
or mechanics' lien foreclosures; provided that where the lien
is enforced by foreclosure under subsection (c) or under
either statute, the municipality may not proceed against the
other assets of the owner or owners of the real estate for
any costs that otherwise would be recoverable under this
Section but that remain unsatisfied after foreclosure except
where such additional recovery is authorized by separate
environmental laws. An action to foreclose this lien may be
commenced at any time after the date of filing of the notice
of lien. The costs of foreclosure incurred by the
municipality, including court costs, reasonable attorney's
fees, advances to preserve the property, and other costs
related to the enforcement of this subsection, plus statutory
interest, are a lien on the real estate.
All liens arising under this subsection (f) shall be
assignable. The assignee of the lien shall have the same
power to enforce the lien as the assigning party, except that
the lien may not be enforced under subsection (c).
(g) In any case where a municipality has obtained a lien
under subsection (a), the municipality may also bring an
action for a money judgment against the owner or owners of
the real estate in the amount of the lien in the same manner
as provided for bringing causes of action in Article II of
the Code of Civil Procedure and, upon obtaining a judgment,
file a judgment lien against all of the real estate of the
owner or owners and enforce that lien as provided for in
Article XII of the Code of Civil Procedure.
(Source: P.A. 91-162, eff. 7-16-99; 91-177, eff. 1-1-00;
91-357, eff. 7-29-99; 91-542, eff. 1-1-00; 91-561, eff.
1-1-00; 92-16, eff. 6-28-01.)
Section 30. The Conservation District Act is amended by
changing Section 19 as follows:
(70 ILCS 410/19) (from Ch. 96 1/2, par. 7129)
Sec. 19. Landfills.
(a) No land that is owned or acquired by a conservation
district may be used for the development or operation of any
new pollution control facility, as those terms are defined in
Section 3.330 3.32 of the Environmental Protection Act.
(b) A conservation district may not transfer any land or
interest in land owned or acquired by the district to any
other entity which the district has reason to know intends to
construct, expand or operate thereon any sanitary landfill or
regulated waste treatment, disposal or storage facility or
develop or operate thereon any new pollution control
facility, as that term is defined in Section 3.330 3.32 of
the Environmental Protection Act.
A conservation district that wishes to transfer any land
or interest in land owned or acquired by the district to any
other entity must impose, as a condition of the transfer, a
covenant prohibiting the development thereon or operation of
any new pollution control facility, as that term is defined
in Section 3.330 3.32 of the Environmental Protection Act.
(Source: P.A. 87-554; 88-681, eff. 12-22-94.)
Section 35. The Downstate Forest Preserve District Act
is amended by changing Section 18.6c as follows:
(70 ILCS 805/18.6c) (from Ch. 96 1/2, par. 6340c)
Sec. 18.6c. Landfills.
(a) No land that is owned or acquired by a forest
preserve district may be used for the development or
operation of any new pollution control facility, as that term
is defined in Section 3.330 3.32 of the Environmental
Protection Act.
(b) A forest preserve district may not transfer any land
or interest in land owned or acquired by the district to any
other entity which the district has reason to know intends to
construct, expand or operate thereon any sanitary landfill or
regulated waste treatment, disposal or storage facility or
develop or operate thereon any new pollution control
facility, as that term is defined in Section 3.330 3.32 of
the Environmental Protection Act.
A forest preserve district that wishes to transfer any
land or interest in land owned or acquired by the district to
any other entity must impose, as a condition of the transfer,
a covenant prohibiting the development thereon or operation
of any new pollution control facility, as that term is
defined in Section 3.330 3.32 of the Environmental Protection
Act.
(Source: P.A. 87-554; 88-681, eff. 12-22-94.)
Section 40. The Public Utilities Act is amended by
changing Section 8-403.1 as follows:
(220 ILCS 5/8-403.1) (from Ch. 111 2/3, par. 8-403.1)
Sec. 8-403.1. Electricity purchased from qualified solid
waste energy facility; tax credit; distributions for economic
development.
(a) It is hereby declared to be the policy of this State
to encourage the development of alternate energy production
facilities in order to conserve our energy resources and to
provide for their most efficient use.
(b) For the purpose of this Section and Section 9-215.1,
"qualified solid waste energy facility" means a facility
determined by the Illinois Commerce Commission to qualify as
such under the Local Solid Waste Disposal Act, to use methane
gas generated from landfills as its primary fuel, and to
possess characteristics that would enable it to qualify as a
cogeneration or small power production facility under federal
law.
(c) In furtherance of the policy declared in this
Section, the Illinois Commerce Commission shall require
electric utilities to enter into long-term contracts to
purchase electricity from qualified solid waste energy
facilities located in the electric utility's service area,
for a period beginning on the date that the facility begins
generating electricity and having a duration of not less than
10 years in the case of facilities fueled by
landfill-generated methane, or 20 years in the case of
facilities fueled by methane generated from a landfill owned
by a forest preserve district. The purchase rate contained
in such contracts shall be equal to the average amount per
kilowatt-hour paid from time to time by the unit or units of
local government in which the electricity generating
facilities are located, excluding amounts paid for street
lighting and pumping service.
(d) Whenever a public utility is required to purchase
electricity pursuant to subsection (c) above, it shall be
entitled to credits in respect of its obligations to remit to
the State taxes it has collected under the Electricity Excise
Tax Law equal to the amounts, if any, by which payments for
such electricity exceed (i) the then current rate at which
the utility must purchase the output of qualified facilities
pursuant to the federal Public Utility Regulatory Policies
Act of 1978, less (ii) any costs, expenses, losses, damages
or other amounts incurred by the utility, or for which it
becomes liable, arising out of its failure to obtain such
electricity from such other sources. The amount of any such
credit shall, in the first instance, be determined by the
utility, which shall make a monthly report of such credits to
the Illinois Commerce Commission and, on its monthly tax
return, to the Illinois Department of Revenue. Under no
circumstances shall a utility be required to purchase
electricity from a qualified solid waste energy facility at
the rate prescribed in subsection (c) of this Section if such
purchase would result in estimated tax credits that exceed,
on a monthly basis, the utility's estimated obligation to
remit to the State taxes it has collected under the
Electricity Excise Tax Law. The owner or operator shall
negotiate facility operating conditions with the purchasing
utility in accordance with that utility's posted standard
terms and conditions for small power producers. If the
Department of Revenue disputes the amount of any such credit,
such dispute shall be decided by the Illinois Commerce
Commission. Whenever a qualified solid waste energy facility
has paid or otherwise satisfied in full the capital costs or
indebtedness incurred in developing and implementing the
qualified facility, the qualified facility shall reimburse
the Public Utility Fund and the General Revenue Fund in the
State treasury for the actual reduction in payments to those
Funds caused by this subsection (d) in a manner to be
determined by the Illinois Commerce Commission and based on
the manner in which revenues for those Funds were reduced.
(e) The Illinois Commerce Commission shall not require
an electric utility to purchase electricity from any
qualified solid waste energy facility which is owned or
operated by an entity that is primarily engaged in the
business of producing or selling electricity, gas, or useful
thermal energy from a source other than one or more qualified
solid waste energy facilities.
(f) This Section does not require an electric utility to
construct additional facilities unless those facilities are
paid for by the owner or operator of the affected qualified
solid waste energy facility.
(g) The Illinois Commerce Commission shall require that:
(1) electric utilities use the electricity purchased from a
qualified solid waste energy facility to displace electricity
generated from nuclear power or coal mined and purchased
outside the boundaries of the State of Illinois before
displacing electricity generated from coal mined and
purchased within the State of Illinois, to the extent
possible, and (2) electric utilities report annually to the
Commission on the extent of such displacements.
(h) Nothing in this Section is intended to cause an
electric utility that is required to purchase power hereunder
to incur any economic loss as a result of its purchase. All
amounts paid for power which a utility is required to
purchase pursuant to subparagraph (c) shall be deemed to be
costs prudently incurred for purposes of computing charges
under rates authorized by Section 9-220 of this Act. Tax
credits provided for herein shall be reflected in charges
made pursuant to rates so authorized to the extent such
credits are based upon a cost which is also reflected in such
charges.
(i) Beginning in February 1999 and through January 2009,
each qualified solid waste energy facility that sells
electricity to an electric utility at the purchase rate
described in subsection (c) shall file with the Department of
Revenue on or before the 15th of each month a form,
prescribed by the Department of Revenue, that states the
number of kilowatt hours of electricity for which payment was
received at that purchase rate from electric utilities in
Illinois during the immediately preceding month. This form
shall be accompanied by a payment from the qualified solid
waste energy facility in an amount equal to six-tenths of a
mill ($0.0006) per kilowatt hour of electricity stated on the
form. Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, a qualified solid waste energy
facility must file the form required under this subsection
(i) before the 15th of each month regardless of whether the
facility received any payment in the previous month.
Payments received by the Department of Revenue shall be
deposited into the Municipal Economic Development Fund, a
trust fund created outside the State treasury. The State
Treasurer may invest the moneys in the Fund in any investment
authorized by the Public Funds Investment Act, and investment
income shall be deposited into and become part of the Fund.
Moneys in the Fund shall be used by the State Treasurer as
provided in subsection (j). The obligation of a qualified
solid waste energy facility to make payments into the
Municipal Economic Development Fund shall terminate upon
either: (1) expiration or termination of a facility's
contract to sell electricity to an electric utility at the
purchase rate described in subsection (c); or (2) entry of an
enforceable, final, and non-appealable order by a court of
competent jurisdiction that Public Act 89-448 is invalid.
Payments by a qualified solid waste energy facility into the
Municipal Economic Development Fund do not relieve the
qualified solid waste energy facility of its obligation to
reimburse the Public Utility Fund and the General Revenue
Fund for the actual reduction in payments to those Funds as a
result of credits received by electric utilities under
subsection (d).
A qualified solid waste energy facility that fails to
timely file the requisite form and payment as required by
this subsection (i) shall be subject to penalties and
interest in conformance with the provisions of the Illinois
Uniform Penalty and Interest Act.
Every qualified solid waste energy facility subject to
the provisions of this subsection (i) shall keep and maintain
records and books of its sales pursuant to subsection (c),
including payments received from those sales and the
corresponding tax payments made in accordance with this
subsection (i), and for purposes of enforcement of this
subsection (i) all such books and records shall be subject to
inspection by the Department of Revenue or its duly
authorized agents or employees.
When a qualified solid waste energy facility fails to
file the form or make the payment required under this
subsection (i), the Department of Revenue, to the extent that
it is practical, may enforce the payment obligation in a
manner consistent with Section 5 of the Retailers' Occupation
Tax Act, and if necessary may impose and enforce a tax lien
in a manner consistent with Sections 5a, 5b, 5c, 5d, 5e, 5f,
5g, and 5i of the Retailers' Occupation Tax Act. No tax lien
may be imposed or enforced, however, unless a qualified solid
waste energy facility fails to make the payment required
under this subsection (i). Only to the extent necessary and
for the purpose of enforcing this subsection (i), the
Department of Revenue may secure necessary information from a
qualified solid waste energy facility in a manner consistent
with Section 10 of the Retailers' Occupation Tax Act.
All information received by the Department of Revenue in
its administration and enforcement of this subsection (i)
shall be confidential in a manner consistent with Section 11
of the Retailers' Occupation Tax Act. The Department of
Revenue may adopt rules to implement the provisions of this
subsection (i).
For purposes of implementing the maximum aggregate
distribution provisions in subsections (j) and (k), when a
qualified solid waste energy facility makes a late payment to
the Department of Revenue for deposit into the Municipal
Economic Development Fund, that payment and deposit shall be
attributed to the month and corresponding quarter in which
the payment should have been made, and the Treasurer shall
make retroactive distributions or refunds, as the case may
be, whenever such late payments so require.
(j) The State Treasurer, without appropriation, must
make distributions immediately after January 15, April 15,
July 15, and October 15 of each year, up to maximum aggregate
distributions of $500,000 for the distributions made in the 4
quarters beginning with the April distribution and ending
with the January distribution, from the Municipal Economic
Development Fund to each city, village, or incorporated town
that has within its boundaries an incinerator that: (1) uses
or, on the effective date of Public Act 90-813, used
municipal waste as its primary fuel to generate electricity;
(2) was determined by the Illinois Commerce Commission to
qualify as a qualified solid waste energy facility prior to
the effective date of Public Act 89-448; and (3) commenced
operation prior to January 1, 1998. Total distributions in
the aggregate to all qualified cities, villages, and
incorporated towns in the 4 quarters beginning with the April
distribution and ending with the January distribution shall
not exceed $500,000. The amount of each distribution shall
be determined pro rata based on the population of the city,
village, or incorporated town compared to the total
population of all cities, villages, and incorporated towns
eligible to receive a distribution. Distributions received by
a city, village, or incorporated town must be held in a
separate account and may be used only to promote and enhance
industrial, commercial, residential, service, transportation,
and recreational activities and facilities within its
boundaries, thereby enhancing the employment opportunities,
public health and general welfare, and economic development
within the community, including administrative expenditures
exclusively to further these activities. These funds,
however, shall not be used by the city, village, or
incorporated town, directly or indirectly, to purchase,
lease, operate, or in any way subsidize the operation of any
incinerator, and these funds shall not be paid, directly or
indirectly, by the city, village, or incorporated town to the
owner, operator, lessee, shareholder, or bondholder of any
incinerator. Moreover, these funds shall not be used to pay
attorneys fees in any litigation relating to the validity of
Public Act 89-448. Nothing in this Section prevents a city,
village, or incorporated town from using other corporate
funds for any legitimate purpose. For purposes of this
subsection, the term "municipal waste" has the meaning
ascribed to it in Section 3.290 3.21 of the Environmental
Protection Act.
(k) If maximum aggregate distributions of $500,000 under
subsection (j) have been made after the January distribution
from the Municipal Economic Development Fund, then the
balance in the Fund shall be refunded to the qualified solid
waste energy facilities that made payments that were
deposited into the Fund during the previous 12-month period.
The refunds shall be prorated based upon the facility's
payments in relation to total payments for that 12-month
period.
(l) Beginning January 1, 2000, and each January 1
thereafter, each city, village, or incorporated town that
received distributions from the Municipal Economic
Development Fund, continued to hold any of those
distributions, or made expenditures from those distributions
during the immediately preceding year shall submit to a
financial and compliance and program audit of those
distributions performed by the Auditor General at no cost to
the city, village, or incorporated town that received the
distributions. The audit should be completed by June 30 or
as soon thereafter as possible. The audit shall be submitted
to the State Treasurer and those officers enumerated in
Section 3-14 of the Illinois State Auditing Act. If the
Auditor General finds that distributions have been expended
in violation of this Section, the Auditor General shall refer
the matter to the Attorney General. The Attorney General may
recover, in a civil action, 3 times the amount of any
distributions illegally expended. For purposes of this
subsection, the terms "financial audit," "compliance audit",
and "program audit" have the meanings ascribed to them in
Sections 1-13 and 1-15 of the Illinois State Auditing Act.
(Source: P.A. 91-901, eff. 1-1-01; 92-435, eff. 8-17-01.)
Section 45. The Hazardous Waste Crane and Hoisting
Equipment Operators Licensing Act is amended by changing
Section 3 as follows:
(225 ILCS 220/3) (from Ch. 111, par. 7703)
Sec. 3. For the purposes of this Act, unless the context
otherwise requires:
(a) "Agency" means the Environmental Protection Agency.
(b) "Crane" means any hoisting equipment that lifts and
rotates or moves a load horizontally or vertically,
including: hydraulic back hoes, hydraulic cranes, friction
cranes, derricks, jib hoists, gantry, bridge cranes, floating
cranes of any type and air-borne hoisting equipment.
(c) "Hoist" includes, but is not limited to, a material
hoist (construction elevator), air tugger (one drum),
multi-drum hoist, overhead hoist, sideboom, A-Frame boom
truck or behind the cab truck mounted boom.
(d) "Director" means the Director of the Environmental
Protection Agency.
(e) "Hazardous waste" means a hazardous waste as defined
in Section 3.220 3.15 of the Environmental Protection Act,
except asbestos.
(f) "Facility" means a pollution control facility as
defined in Section 3.330 3.32 of the Environmental Protection
Act, or a site undergoing cleanup pursuant to either the
federal Comprehensive Environmental Response, Compensation
and Liability Act of 1980, as amended, or Section 22.2 of the
Illinois Environmental Protection Act.
(Source: P.A. 88-681, eff. 12-22-94.)
Section 50. The Hazardous Waste Laborers Licensing Act
is amended by changing Section 3 as follows:
(225 ILCS 221/3) (from Ch. 111, par. 7803)
Sec. 3. For the purposes of this Act, unless the context
otherwise requires:
(a) "Agency" means the Environmental Protection Agency.
(b) "Director" means the Director of the Environmental
Protection Agency.
(c) "Laborer" means a person who (1) erects, moves,
services and dismantles scaffolds and barricades at a
facility; (2) constructs, erects, removes and dismantles
enclosures, chambers or decontamination units required for
the removal or containment of hazardous waste at a facility;
(3) labels, bags, cartons or otherwise packages hazardous
waste for disposal; and (4) cleans up the work site and
performs other work incidental to the removal, abatement or
encapsulation of hazardous waste.
(d) "Hazardous waste" means a hazardous waste as defined
in Section 3.220 3.15 of the Environmental Protection Act,
except asbestos.
(e) "Facility" means a pollution control facility as
defined in Section 3.330 3.32 of the Environmental Protection
Act, or a site undergoing cleanup pursuant to either the
federal Comprehensive Environmental Response, Compensation
and Liability Act of 1980, as amended, or Section 22.2 of the
Illinois Environmental Protection Act.
(Source: P.A. 88-681, eff. 12-22-94.)
Section 55. The Environmental Toxicology Act is amended
by changing Section 3 as follows:
(415 ILCS 75/3) (from Ch. 111 1/2, par. 983)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires;
(a) "Department" means the Illinois Department of Public
Health;
(b) "Director" means the Director of the Illinois
Department of Public Health;
(c) "Program" means the Environmental Toxicology program
as established by this Act;
(d) "Exposure" means contact with a hazardous substance;
(e) "Hazardous Substance" means chemical compounds,
elements, or combinations of chemicals which, because of
quantity concentration, physical characteristics or
toxicological characteristics may pose a substantial present
or potential hazard to human health and includes, but is not
limited to, any substance defined as a hazardous substance in
Section 3.215 of 3 of the "Environmental Protection Act",
approved June 29, 1970, as amended;
(f) "Initial Assessment" means a review and evaluation
of site history and hazardous substances involved, potential
for population exposure, the nature of any health related
complaints and any known patterns in disease occurrence;
(g) "Comprehensive Health Study" means a detailed
analysis which may include: a review of available
environmental, morbidity and mortality data; environmental
and biological sampling; detailed review of scientific
literature; exposure analysis; population surveys; or any
other scientific or epidemiologic methods deemed necessary to
adequately evaluate the health status of the population at
risk and any potential relationship to environmental factors;
(h) "Superfund Site" means any hazardous waste site
designated for cleanup on the National Priorities List as
mandated by the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (P.L. 96-510), as
amended;
(i) "State Remedial Action Priority List" means a list
compiled by the Illinois Environmental Protection Agency
which identifies sites that appear to present significant
risk to the public health, welfare or environment.
(Source: P.A. 84-987.)
Section 60. The Toxic Pollution Prevention Act is
amended by changing Section 3 as follows:
(415 ILCS 85/3) (from Ch. 111 1/2, par. 7953)
Sec. 3. Definitions. As used in this Act:
"Agency" means the Illinois Environmental Protection
Agency.
"Center" means the Waste Management and Research Center.
"Person" means any individual, partnership,
co-partnership, firm, company, corporation, association,
joint stock company, trust, political subdivision, State
agency, or any other legal entity, or its legal
representative, agent or assigns.
"Release" means emission to the air, discharge to surface
waters or off-site wastewater treatment facilities, or
on-site release to the land, including but not limited to
landfills, surface impoundments and injection wells.
"Toxic substance" means any substance listed by the
Agency pursuant to Section 4 of this Act.
"Toxic pollution prevention" means in-plant practices
that reduce, avoid or eliminate: (i) the use of toxic
substances, (ii) the generation of toxic constituents in
wastes, (iii) the disposal or release of toxic substances
into the environment, or (iv) the development or manufacture
of products with toxic constituents, through the application
of any of the following techniques:
(1) input substitution, which refers to replacing a
toxic substance or raw material used in a production
process with a nontoxic or less toxic substance;
(2) product reformulation, which refers to
substituting for an existing end product an end product
which is nontoxic or less toxic upon use, release or
disposal;
(3) production process redesign or modification,
which refers to developing and using production processes
of a different design than those currently used;
(4) production process modernization, which refers
to upgrading or replacing existing production process
equipment or methods with other equipment or methods
based on the same production process;
(5) improved operation and maintenance of existing
production process equipment and methods, which refers to
modifying or adding to existing equipment or methods,
including but not limited to such techniques as improved
housekeeping practices, system adjustments, product and
process inspections, and production process control
equipment or methods;
(6) recycling, reuse or extended use of toxic
substances by using equipment or methods which become an
integral part of the production process, including but
not limited to filtration and other closed loop methods.
However, "toxic pollution prevention" shall not include
or in any way be inferred to promote or require incineration,
transfer from one medium of release to another, off-site or
out of process waste recycling, or end of pipe treatment of
toxic substances.
"Trade secret" means any information concerning
production processes employed or substances manufactured,
processed or otherwise used within a facility which the
Agency determines to satisfy the criteria established under
Section 3.490 3.48 of the Environmental Protection Act, and
to which specific trade secret status has been granted by the
Agency.
(Source: P.A. 90-490, eff. 8-17-97.)
Section 65. The Litter Control Act is amended by
changing Sections 3 and 4 as follows
(415 ILCS 105/3) (from Ch. 38, par. 86-3)
Sec. 3. As used in this Act, unless the context
otherwise requires:
(a) "Litter" means any discarded, used or unconsumed
substance or waste. "Litter" may include, but is not limited
to, any garbage, trash, refuse, debris, rubbish, grass
clippings or other lawn or garden waste, newspaper,
magazines, glass, metal, plastic or paper containers or other
packaging construction material, abandoned vehicle (as
defined in the Illinois Vehicle Code), motor vehicle parts,
furniture, oil, carcass of a dead animal, any nauseous or
offensive matter of any kind, any object likely to injure any
person or create a traffic hazard, potentially infectious
medical waste as defined in Section 3.360 3.84 of the
Environmental Protection Act, or anything else of an
unsightly or unsanitary nature, which has been discarded,
abandoned or otherwise disposed of improperly.
(b) "Motor vehicle" has the meaning ascribed to that
term in Section 1-146 of the Illinois Vehicle Code.
(c) "Person" means any individual, partnership,
copartnership, firm, company, corporation, association, joint
stock company, trust, estate, or any other legal entity, or
their legal representative, agent or assigns.
(Source: P.A. 90-89, eff. 1-1-98.)
(415 ILCS 105/4) (from Ch. 38, par. 86-4)
Sec. 4. No person shall dump, deposit, drop, throw,
discard, leave, cause or permit the dumping, depositing,
dropping, throwing, discarding or leaving of litter upon any
public or private property in this State, or upon or into any
river, lake, pond, or other stream or body of water in this
State, unless:
(a) the property has been designated by the State or any
of its agencies, political subdivisions, units of local
government or school districts for the disposal of litter,
and the litter is disposed of on that property in accordance
with the applicable rules and regulations of the Pollution
Control Board;
(b) the litter is placed into a receptacle or other
container intended by the owner or tenant in lawful
possession of that property for the deposit of litter;
(c) the person is the owner or tenant in lawful
possession of the property or has first obtained the consent
of the owner or tenant in lawful possession, or unless the
act is done under the personal direction of the owner or
tenant and does not create a public health or safety hazard,
a public nuisance, or a fire hazard;
(d) the person is acting under the direction of proper
public officials during special cleanup days; or
(e) the person is lawfully acting in or reacting to an
emergency situation where health and safety is threatened,
and removes and properly disposes of such litter, including,
but not limited to, potentially infectious medical waste as
defined in Section 3.360 3.84 of the Environmental Protection
Act, when the emergency situation no longer exists.
(Source: P.A. 88-415; 88-670, eff. 12-2-94.)
Section 70. The Illinois Vehicle Code is amended by
changing Sections 11-1413 and 12-606 as follows:
(625 ILCS 5/11-1413) (from Ch. 95 1/2, par. 11-1413)
Sec. 11-1413. Depositing material on highway prohibited.
(a) No person shall throw, spill or deposit upon any
highway any bottle, glass, nails, tacks, wire, cans, or any
litter (as defined in Section 3 of the Litter Control Act).
(b) Any person who violates subsection (a) upon any
highway shall immediately remove such material or cause it to
be removed.
(c) Any person removing a wrecked or damaged vehicle
from a highway shall remove any glass or other debris, except
any hazardous substance as defined in Section 3.215 3.14 of
the Environmental Protection Act, hazardous waste as defined
in Section 3.220 3.15 of the Environmental Protection Act,
and potentially infectious medical waste as defined in
Section 3.360 3.84 of the Environmental Protection Act,
dropped upon the highway from such vehicle.
(Source: P.A. 87-190; 88-415; 88-670, eff. 12-2-94.)
(625 ILCS 5/12-606) (from Ch. 95 1/2, par. 12-606)
Sec. 12-606. Tow-trucks; identification; equipment;
insurance.
(a) Every tow-truck, except those owned by governmental
agencies, shall have displayed on each side thereof, a sign
with letters not less than 2 inches in height, contrasting in
color to that of the background, stating the full legal name,
complete address (including street address and city), and
telephone number of the owner or operator thereof. This
information shall be permanently affixed to the sides of the
tow truck.
(b) Every tow-truck shall be equipped with:
(1) One or more brooms and shovels;
(2) One or more trash cans of at least 5 gallon
capacity; and
(3) One fire extinguisher. This extinguisher shall
be either:
(i) of the dry chemical or carbon dioxide type
with an aggregate rating of at least 4-B, C units,
and bearing the approval of a laboratory qualified
by the Division of Fire Prevention for this purpose;
or
(ii) One that meets the requirements of the
Federal Motor Carrier Safety Regulations of the
United States Department of Transportation for fire
extinguishers on commercial motor vehicles.
(c) Every owner or operator and driver of a tow-truck
shall comply with Section 11-1413 of this Act and shall
remove or cause to be removed all glass and debris, except
any (i) hazardous substance as defined in Section 3.215 3.14
of the Environmental Protection Act, (ii) hazardous waste as
defined in Section 3.220 3.15 of the Environmental Protection
Act, and (iii) medical samples or waste, including but not
limited to any blood samples, used syringes, other used
medical supplies, or any other potentially infectious medical
waste as defined in Section 3.360 3.84 of the Environmental
Protection Act, deposited upon any street or highway by the
disabled vehicle being serviced, and shall in addition,
spread dirt or sand or oil absorbent upon that portion of any
street or highway where oil or grease has been deposited by
the disabled vehicle being serviced.
(d) Every tow-truck operator shall in addition file an
indemnity bond, insurance policy, or other proof of insurance
in a form to be prescribed by the Secretary for:
garagekeepers liability insurance, in an amount no less than
a combined single limit of $500,000, and truck (auto)
liability insurance in an amount no less than a combined
single limit of $500,000, on hook coverage or garagekeepers
coverage in an amount of no less than $25,000 which shall
indemnify or insure the tow-truck operator for the following:
(1) Bodily injury or damage to the property of
others.
(2) Damage to any vehicle towed by the tower.
(3) In case of theft, loss of, or damage to any
vehicle stored, garagekeepers legal liability coverage in
an amount of no less than $25,000.
(4) In case of injury to or occupational illness of
the tow truck driver or helper, workers compensation
insurance meeting the minimum requirements of the
Workers' Compensation Act.
Any such bond or policy shall be issued only by a bonding
or insuring firm authorized to do business as such in the
State of Illinois, and a certificate of such bond or policy
shall be carried in the cab of each tow-truck.
(e) The bond or policy required in subsection (d) shall
provide that the insurance carrier may cancel it by serving
previous notice, as required by Sections 143.14 and 143.16 of
the Illinois Insurance Code, in writing, either personally or
by registered mail, upon the owner or operator of the motor
vehicle and upon the Secretary of State. Whenever any such
bond or policy shall be so cancelled, the Secretary of State
shall mark the policy "Cancelled" and shall require such
owner or operator either to furnish a new bond or policy, in
accordance with this Act.
(Source: P.A. 88-415; 88-670, eff. 12-2-94; 89-433, eff.
12-15-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 07, 2002.
Approved June 26, 2002.
Effective June 26, 2002.
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