99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2759
 
Introduced , by Rep. Sam Yingling
 
SYNOPSIS AS INTRODUCED:



  
415 ILCS 5/3.330 was 415 ILCS 5/3.32

 Amends the Environmental Protection Act. Provides that the portion of a site or facility that is not at more than 3 locations that currently is permitted to accept landscape waste selected by the Environmental Protection Agency is not a pollution control facility. Makes a change to a provision concerning modification of an existing permit for the transfer of landscape waste. Effective immediately.



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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,

3represented in the General Assembly:



4 Section 5. The Environmental Protection Act is amended by 
5changing Section 3.330 as follows:




6 (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)


7 Sec. 3.330. Pollution control facility. 

8 (a) "Pollution control facility" is any waste storage site, 
9sanitary
landfill, waste disposal site, waste transfer 
10station, waste treatment
facility, or waste incinerator. This 
11includes sewers, sewage treatment
plants, and any other 
12facilities owned or operated by sanitary districts
organized 
13under the Metropolitan Water Reclamation District Act.

14 The following are not pollution control facilities:


15  (1) (blank);


16  (2) waste storage sites regulated under 40 CFR, Part 
17 761.42;


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


4  (4) sites or facilities at which the State is 
5 performing removal or
remedial action pursuant to Section 
6 22.2 or 55.3;


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


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


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


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


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


24  (10) the portion of a site or facility used for 
25 treatment of
petroleum contaminated materials by 
26 application onto or incorporation into
the soil surface and 
 
 
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1 any portion of that site or facility used for storage
of 
2 petroleum contaminated materials before treatment. Only 
3 those categories
of petroleum listed in Section
57.9(a)(3) 
4 are exempt under this subdivision (10);


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

9 the site or facility is a recycling center or a business 
10 where oil or gasoline
is sold at retail;
11  (11.5) processing sites or facilities that receive 
12 only on-specification used oil, as defined in 35 Ill. 
13 Admin. Code 739, originating from used oil collectors for 
14 processing that is managed under 35 Ill. Admin. Code 739 to 
15 produce products for sale to off-site petroleum 
16 facilities, if these processing sites or facilities are: 
17 (i) located within a home rule unit of local government 
18 with a population of at least 30,000 according to the 2000 
19 federal census, that home rule unit of local government has 
20 been designated as an Urban Round II Empowerment Zone by 
21 the United States Department of Housing and Urban 
22 Development, and that home rule unit of local government 
23 has enacted an ordinance approving the location of the site 
24 or facility and provided funding for the site or facility; 
25 and (ii) in compliance with all applicable zoning 
26 requirements;



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

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


9  (13) the portion of a site or facility that accepts 
10 exclusively general
construction or demolition debris and 
11 is operated and located in accordance with Section 22.38 of 
12 this Act;
13  (14) the portion of a site or facility, located within 
14 a unit of local government that has enacted local zoning 
15 requirements, used to accept, separate, and process 
16 uncontaminated broken concrete, with or without protruding 
17 metal bars, provided that the uncontaminated broken 
18 concrete and metal bars are not speculatively accumulated, 
19 are at the site or facility no longer than one year after 
20 their acceptance, and are returned to the economic 
21 mainstream in the form of raw materials or products;

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

 
 
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1  (16) a site or facility that temporarily holds in 
2 transit for 10 days or less, non-putrescible solid waste in 
3 original containers, no larger in capacity than 500 
4 gallons, provided that such waste is further transferred to 
5 a recycling, disposal, treatment, or storage facility on a 
6 non-contiguous site and provided such site or facility 
7 complies with the applicable 10-day transfer requirements 
8 of the federal Resource Conservation and Recovery Act of 
9 1976 and United States Department of Transportation 
10 hazardous material requirements. For purposes of this 
11 Section only, "non-putrescible solid waste" means waste 
12 other than municipal garbage that does not rot or become 
13 putrid, including, but not limited to, paints, solvent, 
14 filters, and absorbents;

15  (17)
the portion of a site or facility located in a 
16 county with a population greater than 3,000,000 that has 
17 obtained local siting approval, under Section 39.2 of this 
18 Act, for a municipal waste incinerator on or before July 1, 
19 2005 and that is used for wood combustion facilities for 
20 energy recovery that accept and burn only wood material, as 
21 included in a fuel specification approved by the Agency;

22  (18)
a transfer station used exclusively for landscape 
23 waste, including a transfer station where landscape waste 
24 is ground to reduce its volume, where the landscape waste 
25 is held no longer than 24 hours from the time it was 
26 received;
 
 
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1  (19) the portion of a site or facility that (i) is used 
2 for the composting of food scrap, livestock waste, crop 
3 residue, uncontaminated wood waste, or paper waste, 
4 including, but not limited to, corrugated paper or 
5 cardboard, and (ii) meets all of the following 
6 requirements:
7   (A) There must not be more than a total of 30,000 
8 cubic yards of livestock waste in raw form or in the 
9 process of being composted at the site or facility at 
10 any one time.
11   (B) All food scrap, livestock waste, crop residue, 
12 uncontaminated wood waste, and paper waste must, by the 
13 end of each operating day, be processed and placed into 
14 an enclosed vessel in which air flow and temperature 
15 are controlled, or all of the following additional 
16 requirements must be met:
17    (i) The portion of the site or facility used 
18 for the composting operation must include a 
19 setback of at least 200 feet from the nearest 
20 potable water supply well.
21    (ii) The portion of the site or facility used 
22 for the composting operation must be located 
23 outside the boundary of the 10-year floodplain or 
24 floodproofed.
25    (iii) Except in municipalities with more than 
26 1,000,000 inhabitants, the portion of the site or 
 
 
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1 facility used for the composting operation must be 
2 located at least one-eighth of a mile from the 
3 nearest residence, other than a residence located 
4 on the same property as the site or facility.
5    (iv) The portion of the site or facility used 
6 for the composting operation must be located at 
7 least one-eighth of a mile from the property line 
8 of all of the following areas:
9     (I) Facilities that primarily serve to 
10 house or treat people that are 
11 immunocompromised or immunosuppressed, such as 
12 cancer or AIDS patients; people with asthma, 
13 cystic fibrosis, or bioaerosol allergies; or 
14 children under the age of one year.
15     (II) Primary and secondary schools and 
16 adjacent areas that the schools use for 
17 recreation.
18     (III) Any facility for child care licensed 
19 under Section 3 of the Child Care Act of 1969; 
20 preschools; and adjacent areas that the 
21 facilities or preschools use for recreation.
22    (v) By the end of each operating day, all food 
23 scrap, livestock waste, crop residue, 
24 uncontaminated wood waste, and paper waste must be 
25 (i) processed into windrows or other piles and (ii) 
26 covered in a manner that prevents scavenging by 
 
 
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1 birds and animals and that prevents other 
2 nuisances.
3   (C) Food scrap, livestock waste, crop residue, 
4 uncontaminated wood waste, paper waste, and compost 
5 must not be placed within 5 feet of the water table.
6   (D) The site or facility must meet all of the 
7 requirements of the Wild and Scenic Rivers Act (16 
8 U.S.C. 1271 et seq.).
9   (E) The site or facility must not (i) restrict the 
10 flow of a 100-year flood, (ii) result in washout of 
11 food scrap, livestock waste, crop residue, 
12 uncontaminated wood waste, or paper waste from a 
13 100-year flood, or (iii) reduce the temporary water 
14 storage capacity of the 100-year floodplain, unless 
15 measures are undertaken to provide alternative storage 
16 capacity, such as by providing lagoons, holding tanks, 
17 or drainage around structures at the facility.
18   (F) The site or facility must not be located in any 
19 area where it may pose a threat of harm or destruction 
20 to the features for which:
21    (i) an irreplaceable historic or 
22 archaeological site has been listed under the 
23 National Historic Preservation Act (16 U.S.C. 470 
24 et seq.) or the Illinois Historic Preservation 
25 Act;
26    (ii) a natural landmark has been designated by 
 
 
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1 the National Park Service or the Illinois State 
2 Historic Preservation Office; or
3    (iii) a natural area has been designated as a 
4 Dedicated Illinois Nature Preserve under the 
5 Illinois Natural Areas Preservation Act.
6   (G) The site or facility must not be located in an 
7 area where it may jeopardize the continued existence of 
8 any designated endangered species, result in the 
9 destruction or adverse modification of the critical 
10 habitat for such species, or cause or contribute to the 
11 taking of any endangered or threatened species of 
12 plant, fish, or wildlife listed under the Endangered 
13 Species Act (16 U.S.C. 1531 et seq.) or the Illinois 
14 Endangered Species Protection Act; 
15  (20) the portion of a site or facility that is located 
16 entirely within a home rule unit having a population of no 
17 less than 120,000 and no more than 135,000, according to 
18 the 2000 federal census, and that meets all of the 
19 following requirements:
20   (i) the portion of the site or facility is used 
21 exclusively to perform testing of a thermochemical 
22 conversion technology using only woody biomass, 
23 collected as landscape waste within the boundaries of 
24 the home rule unit, as the hydrocarbon feedstock for 
25 the production of synthetic gas in accordance with 
26 Section 39.9 of this Act;
 
 
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1   (ii) the portion of the site or facility is in 
2 compliance with all applicable zoning requirements; 
3 and
4   (iii) a complete application for a demonstration 
5 permit at the portion of the site or facility has been 
6 submitted to the Agency in accordance with Section 39.9 
7 of this Act within one year after July 27, 2010 (the 
8 effective date of Public Act 96-1314);
9  (21) the portion of a site or facility used to perform 
10 limited testing of a gasification conversion technology in 
11 accordance with Section 39.8 of this Act and for which a 
12 complete permit application has been submitted to the 
13 Agency prior to one year from April 9, 2010 (the effective 
14 date of Public Act 96-887);

15  (22) the portion of a site or facility that is used to 
16 incinerate only pharmaceuticals from residential sources 
17 that are collected and transported by law enforcement 
18 agencies under Section 17.9A of this Act; and 
19  (23) until July 1, 2017, the portion of a site or 
20 facility: 
21   (A) that is used exclusively for the transfer of 
22 commingled landscape waste and food scrap held at the 
23 site or facility for no longer than 24 hours after 
24 their receipt;
25   (B) that is located entirely within a home rule 
26 unit having a population of either (i) not less than 
 
 
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1 100,000 and not more than 115,000 according to the 2010 
2 federal census or (ii) not less than 5,000 and not more 
3 than 10,000 according to the 2010 federal census or is 
4 not at more than 3 locations that currently are 
5 permitted to accept landscape waste selected by the 
6 Agency;
7   (C) that is permitted, by the Agency, prior to 
8 January 1, 2002, for the transfer of landscape waste; 
9 and
10   (D) for which a permit application is submitted to 
11 the Agency within 6 months after January 1, 2014 (the 
12 effective date of Public Act 98-146) to modify an 
13 existing permit for the transfer of landscape waste to 
14 also include, on a demonstration basis not to exceed 24 
15 18 months each time a permit is issued, the transfer of 
16 commingled landscape waste and food scrap.
17 (b) A new pollution control facility is:


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


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


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

25(Source: P.A. 97-333, eff. 8-12-11; 97-545, eff. 1-1-12; 
2698-146, eff. 1-1-14; 98-239, eff. 8-9-13; 98-756, eff. 7-16-14; 
 
 
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198-1130, eff. 1-1-15.)



2 Section 99. Effective date. This Act takes effect upon 
3becoming law.