Bill Text: IL HB4611 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Provides that the portion of a site or facility that is used to incinerate only evidence, contraband, or other confiscated or seized material that is in the possession or control of a law enforcement agency is not a pollution control facility. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-09-30 - Referred to Rules Committee [HB4611 Detail]

Download: Illinois-2009-HB4611-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4611 Introduced , by Rep. William B. Black 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 used to incinerate only evidence, contraband, or other confiscated or seized material that is in the possession or control of a law enforcement agency is not a pollution control facility. Effective immediately.
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A BILL FOR
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AN ACT concerning environmental 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

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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

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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;

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(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 as of
January 1, 2000, and 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

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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-petruscible 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-petruscible 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;
and
(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

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is held no longer than 24 hours from the time it was
received; and
(19) the portion of a site or facility that is used to
incinerate only evidence, contraband, or other confiscated
or seized material that is in the possession or control of
a law enforcement agency.
(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. 94-94, eff. 7-1-05; 94-249, eff. 7-19-05; 94-824,
eff. 6-2-06; 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; 95-331,
eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. 8-21-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.