99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1016

Introduced , by Rep. Michael J. Madigan

SYNOPSIS AS INTRODUCED:

415 ILCS 5/21 from Ch. 111 1/2, par. 1021

Amends the Environmental Protection Act. Makes a technical change in a Section concerning acts prohibited under the Act.

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A BILL FOR

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1 AN ACT concerning safety.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Environmental Protection Act is amended by

5 changing Section 21 as follows:

6 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)

7 Sec. 21. Prohibited acts. No person shall:

8 (a) Cause or allow the~~the~~ open dumping of any waste.

9 (b) Abandon, dump, or deposit any waste upon the public

10 highways or other public property, except in a sanitary

11 landfill approved by the Agency pursuant to regulations adopted

12 by the Board.

13 (c) Abandon any vehicle in violation of the "Abandoned

14 Vehicles Amendment to the Illinois Vehicle Code", as enacted by

15 the 76th General Assembly.

16 (d) Conduct any waste-storage, waste-treatment, or

17 waste-disposal operation:

18 (1) without a permit granted by the Agency or in

19 violation of any conditions imposed by such permit,

20 including periodic reports and full access to adequate

21 records and the inspection of facilities, as may be

22 necessary to assure compliance with this Act and with

23 regulations and standards adopted thereunder; provided,

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1 however, that, except for municipal solid waste landfill

2 units that receive waste on or after October 9, 1993, no

3 permit shall be required for (i) any person conducting a

4 waste-storage, waste-treatment, or waste-disposal

5 operation for wastes generated by such person's own

6 activities which are stored, treated, or disposed within

7 the site where such wastes are generated, or (ii) a

8 facility located in a county with a population over 700,000

9 as of January 1, 2000, operated and located in accordance

10 with Section 22.38 of this Act, and used exclusively for

11 the transfer, storage, or treatment of general

12 construction or demolition debris, provided that the

13 facility was receiving construction or demolition debris

14 on the effective date of this amendatory Act of the 96th

15 General Assembly;

16 (2) in violation of any regulations or standards

17 adopted by the Board under this Act; or

18 (3) which receives waste after August 31, 1988, does

19 not have a permit issued by the Agency, and is (i) a

20 landfill used exclusively for the disposal of waste

21 generated at the site, (ii) a surface impoundment receiving

22 special waste not listed in an NPDES permit, (iii) a waste

23 pile in which the total volume of waste is greater than 100

24 cubic yards or the waste is stored for over one year, or

25 (iv) a land treatment facility receiving special waste

26 generated at the site; without giving notice of the

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1 operation to the Agency by January 1, 1989, or 30 days

2 after the date on which the operation commences, whichever

3 is later, and every 3 years thereafter. The form for such

4 notification shall be specified by the Agency, and shall be

5 limited to information regarding: the name and address of

6 the location of the operation; the type of operation; the

7 types and amounts of waste stored, treated or disposed of

8 on an annual basis; the remaining capacity of the

9 operation; and the remaining expected life of the

10 operation.

11 Item (3) of this subsection (d) shall not apply to any

12 person engaged in agricultural activity who is disposing of a

13 substance that constitutes solid waste, if the substance was

14 acquired for use by that person on his own property, and the

15 substance is disposed of on his own property in accordance with

16 regulations or standards adopted by the Board.

17 This subsection (d) shall not apply to hazardous waste.

18 (e) Dispose, treat, store or abandon any waste, or

19 transport any waste into this State for disposal, treatment,

20 storage or abandonment, except at a site or facility which

21 meets the requirements of this Act and of regulations and

22 standards thereunder.

23 (f) Conduct any hazardous waste-storage, hazardous

24 waste-treatment or hazardous waste-disposal operation:

25 (1) without a RCRA permit for the site issued by the

26 Agency under subsection (d) of Section 39 of this Act, or

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1 in violation of any condition imposed by such permit,

2 including periodic reports and full access to adequate

3 records and the inspection of facilities, as may be

4 necessary to assure compliance with this Act and with

5 regulations and standards adopted thereunder; or

6 (2) in violation of any regulations or standards

7 adopted by the Board under this Act; or

8 (3) in violation of any RCRA permit filing requirement

9 established under standards adopted by the Board under this

10 Act; or

11 (4) in violation of any order adopted by the Board

12 under this Act.

13 Notwithstanding the above, no RCRA permit shall be required

14 under this subsection or subsection (d) of Section 39 of this

15 Act for any person engaged in agricultural activity who is

16 disposing of a substance which has been identified as a

17 hazardous waste, and which has been designated by Board

18 regulations as being subject to this exception, if the

19 substance was acquired for use by that person on his own

20 property and the substance is disposed of on his own property

21 in accordance with regulations or standards adopted by the

22 Board.

23 (g) Conduct any hazardous waste-transportation operation:

24 (1) without registering with and obtaining a special

25 waste hauling permit from the Agency in accordance with the

26 regulations adopted by the Board under this Act; or

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1 (2) in violation of any regulations or standards

2 adopted by the Board under this Act.

3 (h) Conduct any hazardous waste-recycling or hazardous

4 waste-reclamation or hazardous waste-reuse operation in

5 violation of any regulations, standards or permit requirements

6 adopted by the Board under this Act.

7 (i) Conduct any process or engage in any act which produces

8 hazardous waste in violation of any regulations or standards

9 adopted by the Board under subsections (a) and (c) of Section

10 22.4 of this Act.

11 (j) Conduct any special waste transportation operation in

12 violation of any regulations, standards or permit requirements

13 adopted by the Board under this Act. However, sludge from a

14 water or sewage treatment plant owned and operated by a unit of

15 local government which (1) is subject to a sludge management

16 plan approved by the Agency or a permit granted by the Agency,

17 and (2) has been tested and determined not to be a hazardous

18 waste as required by applicable State and federal laws and

19 regulations, may be transported in this State without a special

20 waste hauling permit, and the preparation and carrying of a

21 manifest shall not be required for such sludge under the rules

22 of the Pollution Control Board. The unit of local government

23 which operates the treatment plant producing such sludge shall

24 file a semiannual report with the Agency identifying the volume

25 of such sludge transported during the reporting period, the

26 hauler of the sludge, and the disposal sites to which it was

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1 transported. This subsection (j) shall not apply to hazardous

2 waste.

3 (k) Fail or refuse to pay any fee imposed under this Act.

4 (l) Locate a hazardous waste disposal site above an active

5 or inactive shaft or tunneled mine or within 2 miles of an

6 active fault in the earth's crust. In counties of population

7 less than 225,000 no hazardous waste disposal site shall be

8 located (1) within 1 1/2 miles of the corporate limits as

9 defined on June 30, 1978, of any municipality without the

10 approval of the governing body of the municipality in an

11 official action; or (2) within 1000 feet of an existing private

12 well or the existing source of a public water supply measured

13 from the boundary of the actual active permitted site and

14 excluding existing private wells on the property of the permit

15 applicant. The provisions of this subsection do not apply to

16 publicly-owned sewage works or the disposal or utilization of

17 sludge from publicly-owned sewage works.

18 (m) Transfer interest in any land which has been used as a

19 hazardous waste disposal site without written notification to

20 the Agency of the transfer and to the transferee of the

21 conditions imposed by the Agency upon its use under subsection

22 (g) of Section 39.

23 (n) Use any land which has been used as a hazardous waste

24 disposal site except in compliance with conditions imposed by

25 the Agency under subsection (g) of Section 39.

26 (o) Conduct a sanitary landfill operation which is required

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1 to have a permit under subsection (d) of this Section, in a

2 manner which results in any of the following conditions:

3 (1) refuse in standing or flowing waters;

4 (2) leachate flows entering waters of the State;

5 (3) leachate flows exiting the landfill confines (as

6 determined by the boundaries established for the landfill

7 by a permit issued by the Agency);

8 (4) open burning of refuse in violation of Section 9 of

9 this Act;

10 (5) uncovered refuse remaining from any previous

11 operating day or at the conclusion of any operating day,

12 unless authorized by permit;

13 (6) failure to provide final cover within time limits

14 established by Board regulations;

15 (7) acceptance of wastes without necessary permits;

16 (8) scavenging as defined by Board regulations;

17 (9) deposition of refuse in any unpermitted portion of

18 the landfill;

19 (10) acceptance of a special waste without a required

20 manifest;

21 (11) failure to submit reports required by permits or

22 Board regulations;

23 (12) failure to collect and contain litter from the

24 site by the end of each operating day;

25 (13) failure to submit any cost estimate for the site

26 or any performance bond or other security for the site as

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1 required by this Act or Board rules.

2 The prohibitions specified in this subsection (o) shall be

3 enforceable by the Agency either by administrative citation

4 under Section 31.1 of this Act or as otherwise provided by this

5 Act. The specific prohibitions in this subsection do not limit

6 the power of the Board to establish regulations or standards

7 applicable to sanitary landfills.

8 (p) In violation of subdivision (a) of this Section, cause

9 or allow the open dumping of any waste in a manner which

10 results in any of the following occurrences at the dump site:

11 (1) litter;

12 (2) scavenging;

13 (3) open burning;

14 (4) deposition of waste in standing or flowing waters;

15 (5) proliferation of disease vectors;

16 (6) standing or flowing liquid discharge from the dump

17 site;

18 (7) deposition of:

19 (i) general construction or demolition debris as

20 defined in Section 3.160(a) of this Act; or

21 (ii) clean construction or demolition debris as

22 defined in Section 3.160(b) of this Act.

23 The prohibitions specified in this subsection (p) shall be

24 enforceable by the Agency either by administrative citation

25 under Section 31.1 of this Act or as otherwise provided by this

26 Act. The specific prohibitions in this subsection do not limit

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1 the power of the Board to establish regulations or standards

2 applicable to open dumping.

3 (q) Conduct a landscape waste composting operation without

4 an Agency permit, provided, however, that no permit shall be

5 required for any person:

6 (1) conducting a landscape waste composting operation

7 for landscape wastes generated by such person's own

8 activities which are stored, treated, or disposed of within

9 the site where such wastes are generated; or

10 (1.5) conducting a landscape waste composting

11 operation that (i) has no more than 25 cubic yards of

12 landscape waste, composting additives, composting

13 material, or end-product compost on-site at any one time

14 and (ii) is not engaging in commercial activity; or

15 (2) applying landscape waste or composted landscape

16 waste at agronomic rates; or

17 (2.5) operating a landscape waste composting facility

18 at a site having 10 or more occupied non-farm residences

19 within 1/2 mile of its boundaries, if the facility meets

20 all of the following criteria:

21 (A) the composting facility is operated by the

22 farmer on property on which the composting material is

23 utilized, and the composting facility constitutes no

24 more than 2% of the site's total acreage;

25 (A-5) any composting additives that the composting

26 facility accepts and uses at the facility are necessary

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1 to provide proper conditions for composting and do not

2 exceed 10% of the total composting material at the

3 facility at any one time;

4 (B) the property on which the composting facility

5 is located, and any associated property on which the

6 compost is used, is principally and diligently devoted

7 to the production of agricultural crops and is not

8 owned, leased, or otherwise controlled by any waste

9 hauler or generator of nonagricultural compost

10 materials, and the operator of the composting facility

11 is not an employee, partner, shareholder, or in any way

12 connected with or controlled by any such waste hauler

13 or generator;

14 (C) all compost generated by the composting

15 facility is applied at agronomic rates and used as

16 mulch, fertilizer, or soil conditioner on land

17 actually farmed by the person operating the composting

18 facility, and the finished compost is not stored at the

19 composting site for a period longer than 18 months

20 prior to its application as mulch, fertilizer, or soil

21 conditioner;

22 (D) no fee is charged for the acceptance of

23 materials to be composted at the facility; and

24 (E) the owner or operator, by January 1, 2014 (or

25 the January 1 following commencement of operation,

26 whichever is later) and January 1 of each year

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1 thereafter, registers the site with the Agency, (ii)

2 reports to the Agency on the volume of composting

3 material received and used at the site; (iii) certifies

4 to the Agency that the site complies with the

5 requirements set forth in subparagraphs (A), (A-5),

6 (B), (C), and (D) of this paragraph (2.5); and (iv)

7 certifies to the Agency that all composting material

8 was placed more than 200 feet from the nearest potable

9 water supply well, was placed outside the boundary of

10 the 10-year floodplain or on a part of the site that is

11 floodproofed, was placed at least 1/4 mile from the

12 nearest residence (other than a residence located on

13 the same property as the facility) or a lesser distance

14 from the nearest residence (other than a residence

15 located on the same property as the facility) if the

16 municipality in which the facility is located has by

17 ordinance approved a lesser distance than 1/4 mile, and

18 was placed more than 5 feet above the water table; any

19 ordinance approving a residential setback of less than

20 1/4 mile that is used to meet the requirements of this

21 subparagraph (E) of paragraph (2.5) of this subsection

22 must specifically reference this paragraph; or

23 (3) operating a landscape waste composting facility on

24 a farm, if the facility meets all of the following

25 criteria:

26 (A) the composting facility is operated by the

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1 farmer on property on which the composting material is

2 utilized, and the composting facility constitutes no

3 more than 2% of the property's total acreage, except

4 that the Board may allow a higher percentage for

5 individual sites where the owner or operator has

6 demonstrated to the Board that the site's soil

7 characteristics or crop needs require a higher rate;

8 (A-1) the composting facility accepts from other

9 agricultural operations for composting with landscape

10 waste no materials other than uncontaminated and

11 source-separated (i) crop residue and other

12 agricultural plant residue generated from the

13 production and harvesting of crops and other customary

14 farm practices, including, but not limited to, stalks,

15 leaves, seed pods, husks, bagasse, and roots and (ii)

16 plant-derived animal bedding, such as straw or

17 sawdust, that is free of manure and was not made from

18 painted or treated wood;

19 (A-2) any composting additives that the composting

20 facility accepts and uses at the facility are necessary

21 to provide proper conditions for composting and do not

22 exceed 10% of the total composting material at the

23 facility at any one time;

24 (B) the property on which the composting facility

25 is located, and any associated property on which the

26 compost is used, is principally and diligently devoted

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1 to the production of agricultural crops and is not

2 owned, leased or otherwise controlled by any waste

3 hauler or generator of nonagricultural compost

4 materials, and the operator of the composting facility

5 is not an employee, partner, shareholder, or in any way

6 connected with or controlled by any such waste hauler

7 or generator;

8 (C) all compost generated by the composting

9 facility is applied at agronomic rates and used as

10 mulch, fertilizer or soil conditioner on land actually

11 farmed by the person operating the composting

12 facility, and the finished compost is not stored at the

13 composting site for a period longer than 18 months

14 prior to its application as mulch, fertilizer, or soil

15 conditioner;

16 (D) the owner or operator, by January 1 of each

17 year, (i) registers the site with the Agency, (ii)

18 reports to the Agency on the volume of composting

19 material received and used at the site, (iii) certifies

20 to the Agency that the site complies with the

21 requirements set forth in subparagraphs (A), (A-1),

22 (A-2), (B), and (C) of this paragraph (q)(3), and (iv)

23 certifies to the Agency that all composting material:

24 (I) was placed more than 200 feet from the

25 nearest potable water supply well;

26 (II) was placed outside the boundary of the

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1 10-year floodplain or on a part of the site that is

2 floodproofed;

3 (III) was placed either (aa) at least 1/4 mile

4 from the nearest residence (other than a residence

5 located on the same property as the facility) and

6 there are not more than 10 occupied non-farm

7 residences within 1/2 mile of the boundaries of the

8 site on the date of application or (bb) a lesser

9 distance from the nearest residence (other than a

10 residence located on the same property as the

11 facility) provided that the municipality or county

12 in which the facility is located has by ordinance

13 approved a lesser distance than 1/4 mile and there

14 are not more than 10 occupied non-farm residences

15 within 1/2 mile of the boundaries of the site on

16 the date of application; and

17 (IV) was placed more than 5 feet above the

18 water table.

19 Any ordinance approving a residential setback of

20 less than 1/4 mile that is used to meet the

21 requirements of this subparagraph (D) must

22 specifically reference this subparagraph.

23 For the purposes of this subsection (q), "agronomic rates"

24 means the application of not more than 20 tons per acre per

25 year, except that the Board may allow a higher rate for

26 individual sites where the owner or operator has demonstrated

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1 to the Board that the site's soil characteristics or crop needs

2 require a higher rate.

3 (r) Cause or allow the storage or disposal of coal

4 combustion waste unless:

5 (1) such waste is stored or disposed of at a site or

6 facility for which a permit has been obtained or is not

7 otherwise required under subsection (d) of this Section; or

8 (2) such waste is stored or disposed of as a part of

9 the design and reclamation of a site or facility which is

10 an abandoned mine site in accordance with the Abandoned

11 Mined Lands and Water Reclamation Act; or

12 (3) such waste is stored or disposed of at a site or

13 facility which is operating under NPDES and Subtitle D

14 permits issued by the Agency pursuant to regulations

15 adopted by the Board for mine-related water pollution and

16 permits issued pursuant to the Federal Surface Mining

17 Control and Reclamation Act of 1977 (P.L. 95-87) or the

18 rules and regulations thereunder or any law or rule or

19 regulation adopted by the State of Illinois pursuant

20 thereto, and the owner or operator of the facility agrees

21 to accept the waste; and either

22 (i) such waste is stored or disposed of in

23 accordance with requirements applicable to refuse

24 disposal under regulations adopted by the Board for

25 mine-related water pollution and pursuant to NPDES and

26 Subtitle D permits issued by the Agency under such

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1 regulations; or

2 (ii) the owner or operator of the facility

3 demonstrates all of the following to the Agency, and

4 the facility is operated in accordance with the

5 demonstration as approved by the Agency: (1) the

6 disposal area will be covered in a manner that will

7 support continuous vegetation, (2) the facility will

8 be adequately protected from wind and water erosion,

9 (3) the pH will be maintained so as to prevent

10 excessive leaching of metal ions, and (4) adequate

11 containment or other measures will be provided to

12 protect surface water and groundwater from

13 contamination at levels prohibited by this Act, the

14 Illinois Groundwater Protection Act, or regulations

15 adopted pursuant thereto.

16 Notwithstanding any other provision of this Title, the

17 disposal of coal combustion waste pursuant to item (2) or (3)

18 of this subdivision (r) shall be exempt from the other

19 provisions of this Title V, and notwithstanding the provisions

20 of Title X of this Act, the Agency is authorized to grant

21 experimental permits which include provision for the disposal

22 of wastes from the combustion of coal and other materials

23 pursuant to items (2) and (3) of this subdivision (r).

24 (s) After April 1, 1989, offer for transportation,

25 transport, deliver, receive or accept special waste for which a

26 manifest is required, unless the manifest indicates that the

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1 fee required under Section 22.8 of this Act has been paid.

2 (t) Cause or allow a lateral expansion of a municipal solid

3 waste landfill unit on or after October 9, 1993, without a

4 permit modification, granted by the Agency, that authorizes the

5 lateral expansion.

6 (u) Conduct any vegetable by-product treatment, storage,

7 disposal or transportation operation in violation of any

8 regulation, standards or permit requirements adopted by the

9 Board under this Act. However, no permit shall be required

10 under this Title V for the land application of vegetable

11 by-products conducted pursuant to Agency permit issued under

12 Title III of this Act to the generator of the vegetable

13 by-products. In addition, vegetable by-products may be

14 transported in this State without a special waste hauling

15 permit, and without the preparation and carrying of a manifest.

16 (v) (Blank).

17 (w) Conduct any generation, transportation, or recycling

18 of construction or demolition debris, clean or general, or

19 uncontaminated soil generated during construction, remodeling,

20 repair, and demolition of utilities, structures, and roads that

21 is not commingled with any waste, without the maintenance of

22 documentation identifying the hauler, generator, place of

23 origin of the debris or soil, the weight or volume of the

24 debris or soil, and the location, owner, and operator of the

25 facility where the debris or soil was transferred, disposed,

26 recycled, or treated. This documentation must be maintained by

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1 the generator, transporter, or recycler for 3 years. This

2 subsection (w) shall not apply to (1) a permitted pollution

3 control facility that transfers or accepts construction or

4 demolition debris, clean or general, or uncontaminated soil for

5 final disposal, recycling, or treatment, (2) a public utility

6 (as that term is defined in the Public Utilities Act) or a

7 municipal utility, (3) the Illinois Department of

8 Transportation, or (4) a municipality or a county highway

9 department, with the exception of any municipality or county

10 highway department located within a county having a population

11 of over 3,000,000 inhabitants or located in a county that is

12 contiguous to a county having a population of over 3,000,000

13 inhabitants; but it shall apply to an entity that contracts

14 with a public utility, a municipal utility, the Illinois

15 Department of Transportation, or a municipality or a county

16 highway department. The terms "generation" and "recycling" as

17 used in this subsection do not apply to clean construction or

18 demolition debris when (i) used as fill material below grade

19 outside of a setback zone if covered by sufficient

20 uncontaminated soil to support vegetation within 30 days of the

21 completion of filling or if covered by a road or structure,

22 (ii) solely broken concrete without protruding metal bars is

23 used for erosion control, or (iii) milled asphalt or crushed

24 concrete is used as aggregate in construction of the shoulder

25 of a roadway. The terms "generation" and "recycling", as used

26 in this subsection, do not apply to uncontaminated soil that is

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1 not commingled with any waste when (i) used as fill material

2 below grade or contoured to grade, or (ii) used at the site of

3 generation.

4 (Source: P.A. 97-220, eff. 7-28-11; 98-239, eff. 8-9-13;

5 98-484, eff. 8-16-13; 98-756, eff. 7-16-14.)