Public Act 099-0440

SB1518 Enrolled LRB099 08988 MGM 29165 b

AN ACT concerning safety.

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

represented in the General Assembly:

Section 5. The Environmental Protection Act is amended by

changing Section 3.330 as follows:

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

Sec. 3.330. Pollution control facility.

(a) "Pollution control facility" is any waste storage site,

sanitary landfill, waste disposal site, waste transfer

station, waste treatment facility, or waste incinerator. This

includes sewers, sewage treatment plants, and any other

facilities owned or operated by sanitary districts organized

under the Metropolitan Water Reclamation District Act.

The following are not pollution control facilities:

(1) (blank);

(2) waste storage sites regulated under 40 CFR, 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 Section 57.9(a)(3)

are exempt under this subdivision (10);

(11) the portion of a site or facility where used oil

is collected or stored prior to shipment to a recycling or

energy recovery facility, provided that the used oil is

generated by households or commercial establishments, and

the site or facility is a recycling center or a business

where oil or gasoline is sold at retail;

(11.5) processing sites or facilities that receive

only on-specification used oil, as defined in 35 Ill.

Admin. Code 739, originating from used oil collectors for

processing that is managed under 35 Ill. Admin. Code 739 to

produce products for sale to off-site petroleum

facilities, if these processing sites or facilities are:

(i) located within a home rule unit of local government

with a population of at least 30,000 according to the 2000

federal census, that home rule unit of local government has

been designated as an Urban Round II Empowerment Zone by

the United States Department of Housing and Urban

Development, and that home rule unit of local government

has enacted an ordinance approving the location of the site

or facility and provided funding for the site or facility;

and (ii) in compliance with all applicable zoning

requirements;

(12) the portion of a site or facility utilizing coal

combustion waste for stabilization and treatment of only

waste generated on that site or facility when used in

connection with response actions pursuant to the federal

Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, the federal Resource Conservation

and Recovery Act of 1976, or the Illinois Environmental

Protection Act or as authorized by the Agency;

(13) the portion of a site or facility that accepts

exclusively general construction or demolition debris and

is operated and located in accordance with Section 22.38 of

this Act;

(14) the portion of a site or facility, located within

a unit of local government that has enacted local zoning

requirements, used to accept, separate, and process

uncontaminated broken concrete, with or without protruding

metal bars, provided that the uncontaminated broken

concrete and metal bars are not speculatively accumulated,

are at the site or facility no longer than one year after

their acceptance, and are returned to the economic

mainstream in the form of raw materials or products;

(15) the portion of a site or facility located in a

county with a population over 3,000,000 that has obtained

local siting approval under Section 39.2 of this Act for a

municipal waste incinerator on or before July 1, 2005 and

that is used for a non-hazardous waste transfer station;

(16) a site or facility that temporarily holds in

transit for 10 days or less, non-putrescible solid waste in

original containers, no larger in capacity than 500

gallons, provided that such waste is further transferred to

a recycling, disposal, treatment, or storage facility on a

non-contiguous site and provided such site or facility

complies with the applicable 10-day transfer requirements

of the federal Resource Conservation and Recovery Act of

1976 and United States Department of Transportation

hazardous material requirements. For purposes of this

Section only, "non-putrescible solid waste" means waste

other than municipal garbage that does not rot or become

putrid, including, but not limited to, paints, solvent,

filters, and absorbents;

(17) the portion of a site or facility located in a

county with a population greater than 3,000,000 that has

obtained local siting approval, under Section 39.2 of this

Act, for a municipal waste incinerator on or before July 1,

2005 and that is used for wood combustion facilities for

energy recovery that accept and burn only wood material, as

included in a fuel specification approved by the Agency;

(18) a transfer station used exclusively for landscape

waste, including a transfer station where landscape waste

is ground to reduce its volume, where the landscape waste

is held no longer than 24 hours from the time it was

received;

(19) the portion of a site or facility that (i) is used

for the composting of food scrap, livestock waste, crop

residue, uncontaminated wood waste, or paper waste,

including, but not limited to, corrugated paper or

cardboard, and (ii) meets all of the following

requirements:

(A) There must not be more than a total of 30,000

cubic yards of livestock waste in raw form or in the

process of being composted at the site or facility at

any one time.

(B) All food scrap, livestock waste, crop residue,

uncontaminated wood waste, and paper waste must, by the

end of each operating day, be processed and placed into

an enclosed vessel in which air flow and temperature

are controlled, or all of the following additional

requirements must be met:

(i) The portion of the site or facility used

for the composting operation must include a

setback of at least 200 feet from the nearest

potable water supply well.

(ii) The portion of the site or facility used

for the composting operation must be located

outside the boundary of the 10-year floodplain or

floodproofed.

(iii) Except in municipalities with more than

1,000,000 inhabitants, the portion of the site or

facility used for the composting operation must be

located at least one-eighth of a mile from the

nearest residence, other than a residence located

on the same property as the site or facility.

(iv) The portion of the site or facility used

for the composting operation must be located at

least one-eighth of a mile from the property line

of all of the following areas:

(I) Facilities that primarily serve to

house or treat people that are

immunocompromised or immunosuppressed, such as

cancer or AIDS patients; people with asthma,

cystic fibrosis, or bioaerosol allergies; or

children under the age of one year.

(II) Primary and secondary schools and

adjacent areas that the schools use for

recreation.

(III) Any facility for child care licensed

under Section 3 of the Child Care Act of 1969;

preschools; and adjacent areas that the

facilities or preschools use for recreation.

(v) By the end of each operating day, all food

scrap, livestock waste, crop residue,

uncontaminated wood waste, and paper waste must be

(i) processed into windrows or other piles and (ii)

covered in a manner that prevents scavenging by

birds and animals and that prevents other

nuisances.

(C) Food scrap, livestock waste, crop residue,

uncontaminated wood waste, paper waste, and compost

must not be placed within 5 feet of the water table.

(D) The site or facility must meet all of the

requirements of the Wild and Scenic Rivers Act (16

U.S.C. 1271 et seq.).

(E) The site or facility must not (i) restrict the

flow of a 100-year flood, (ii) result in washout of

food scrap, livestock waste, crop residue,

uncontaminated wood waste, or paper waste from a

100-year flood, or (iii) reduce the temporary water

storage capacity of the 100-year floodplain, unless

measures are undertaken to provide alternative storage

capacity, such as by providing lagoons, holding tanks,

or drainage around structures at the facility.

(F) The site or facility must not be located in any

area where it may pose a threat of harm or destruction

to the features for which:

(i) an irreplaceable historic or

archaeological site has been listed under the

National Historic Preservation Act (16 U.S.C. 470

et seq.) or the Illinois Historic Preservation

Act;

(ii) a natural landmark has been designated by

the National Park Service or the Illinois State

Historic Preservation Office; or

(iii) a natural area has been designated as a

Dedicated Illinois Nature Preserve under the

Illinois Natural Areas Preservation Act.

(G) The site or facility must not be located in an

area where it may jeopardize the continued existence of

any designated endangered species, result in the

destruction or adverse modification of the critical

habitat for such species, or cause or contribute to the

taking of any endangered or threatened species of

plant, fish, or wildlife listed under the Endangered

Species Act (16 U.S.C. 1531 et seq.) or the Illinois

Endangered Species Protection Act;

(20) the portion of a site or facility that is located

entirely within a home rule unit having a population of no

less than 120,000 and no more than 135,000, according to

the 2000 federal census, and that meets all of the

following requirements:

(i) the portion of the site or facility is used

exclusively to perform testing of a thermochemical

conversion technology using only woody biomass,

collected as landscape waste within the boundaries of

the home rule unit, as the hydrocarbon feedstock for

the production of synthetic gas in accordance with

Section 39.9 of this Act;

(ii) the portion of the site or facility is in

compliance with all applicable zoning requirements;

and

(iii) a complete application for a demonstration

permit at the portion of the site or facility has been

submitted to the Agency in accordance with Section 39.9

of this Act within one year after July 27, 2010 (the

effective date of Public Act 96-1314);

(21) the portion of a site or facility used to perform

limited testing of a gasification conversion technology in

accordance with Section 39.8 of this Act and for which a

complete permit application has been submitted to the

Agency prior to one year from April 9, 2010 (the effective

date of Public Act 96-887);

(22) the portion of a site or facility that is used to

incinerate only pharmaceuticals from residential sources

that are collected and transported by law enforcement

agencies under Section 17.9A of this Act; and

(23) until July 1, 2017, the portion of a site or

facility:

(A) that is used exclusively for the transfer of

commingled landscape waste and food scrap held at the

site or facility for no longer than 24 hours after

their receipt;

(B) that is located entirely within a home rule

unit having a population of either (i) not less than

100,000 and not more than 115,000 according to the 2010

federal census or (ii) not less than 5,000 and not more

than 10,000 according to the 2010 federal census or

that is located in the unincorporated area of a county

having a population of not less than 700,000 and not

more than 705,000 according to the 2010 federal census;

(C) that is permitted, by the Agency, prior to

January 1, 2002, for the transfer of landscape waste if

located in a home rule unit or that is permitted prior

to January 1, 2008 if located in an unincorporated area

of a county; and

(D) for which a permit application is submitted to

the Agency within 6 months after January 1, 2014 (the

effective date of Public Act 98-146) to modify an

existing permit for the transfer of landscape waste to

also include, on a demonstration basis not to exceed 24

18 months each time a permit is issued, the transfer of

commingled landscape waste and food scrap or for which

a permit application is submitted to the Agency within

6 months after January 1, 2016.

(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. 97-333, eff. 8-12-11; 97-545, eff. 1-1-12;

98-146, eff. 1-1-14; 98-239, eff. 8-9-13; 98-756, eff. 7-16-14;

98-1130, eff. 1-1-15.)

Section 99. Effective date. This Act takes effect upon

becoming law.