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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4611
Introduced , by Rep. William B. Black SYNOPSIS AS INTRODUCED:
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415 ILCS 5/3.330 |
was 415 ILCS 5/3.32 |
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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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HB4611 |
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LRB096 14216 JDS 29012 b |
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| AN ACT concerning environmental safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by |
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| changing Section 3.330 as follows:
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| (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
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| Sec. 3.330. Pollution control facility.
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| (a) "Pollution control facility" is any waste storage site, |
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| sanitary
landfill, waste disposal site, waste transfer |
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| station, waste treatment
facility, or waste incinerator. This |
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| includes sewers, sewage treatment
plants, and any other |
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| facilities owned or operated by sanitary districts
organized |
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| under the Metropolitan Water Reclamation District Act.
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| The following are not pollution control facilities:
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| (1) (blank);
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| (2) waste storage sites regulated under 40 CFR, Part |
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| 761.42;
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| (3) sites or facilities used by any person conducting a |
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| waste storage,
waste treatment, waste disposal, waste |
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| transfer or waste incineration
operation, or a combination |
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| thereof, for wastes generated by such person's
own |
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| activities, when such wastes are stored, treated, disposed |
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| of,
transferred or incinerated within the site or facility |
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HB4611 |
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LRB096 14216 JDS 29012 b |
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| owned, controlled or
operated by such person, or when such |
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| wastes are transported within or
between sites or |
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| facilities owned, controlled or operated by such person;
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| (4) sites or facilities at which the State is |
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| performing removal or
remedial action pursuant to Section |
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| 22.2 or 55.3;
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| (5) abandoned quarries used solely for the disposal of |
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| concrete, earth
materials, gravel, or aggregate debris |
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| resulting from road construction
activities conducted by a |
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| unit of government or construction activities due
to the |
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| construction and installation of underground pipes, lines, |
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| conduit
or wires off of the premises of a public utility |
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| company which are
conducted by a public utility;
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| (6) sites or facilities used by any person to |
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| specifically conduct a
landscape composting operation;
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| (7) regional facilities as defined in the Central |
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| Midwest Interstate
Low-Level Radioactive Waste Compact;
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| (8) the portion of a site or facility where coal |
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| combustion wastes are
stored or disposed of in accordance |
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| with subdivision (r)(2) or (r)(3) of
Section 21;
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| (9) the portion of a site or facility used for the |
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| collection,
storage or processing of waste tires as defined |
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| in Title XIV;
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| (10) the portion of a site or facility used for |
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| treatment of
petroleum contaminated materials by |
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| application onto or incorporation into
the soil surface and |
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HB4611 |
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LRB096 14216 JDS 29012 b |
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| any portion of that site or facility used for storage
of |
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| petroleum contaminated materials before treatment. Only |
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| those categories
of petroleum listed in Section
57.9(a)(3) |
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| are exempt under this subdivision (10);
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| (11) the portion of a site or facility where used oil |
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| is collected or
stored prior to shipment to a recycling or |
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| energy recovery facility, provided
that the used oil is |
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| generated by households or commercial establishments, and
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| the site or facility is a recycling center or a business |
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| where oil or gasoline
is sold at retail; |
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| (11.5) processing sites or facilities that receive |
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| only on-specification used oil, as defined in 35 Ill. |
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| Admin. Code 739, originating from used oil collectors for |
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| processing that is managed under 35 Ill. Admin. Code 739 to |
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| produce products for sale to off-site petroleum |
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| facilities, if these processing sites or facilities are: |
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| (i) located within a home rule unit of local government |
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| with a population of at least 30,000 according to the 2000 |
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| federal census, that home rule unit of local government has |
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| been designated as an Urban Round II Empowerment Zone by |
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| the United States Department of Housing and Urban |
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| Development, and that home rule unit of local government |
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| has enacted an ordinance approving the location of the site |
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| or facility and provided funding for the site or facility; |
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| and (ii) in compliance with all applicable zoning |
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| requirements;
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| (12) the portion of a site or facility utilizing coal |
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| combustion waste
for stabilization and treatment of only |
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| waste generated on that site or
facility when used in |
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| connection with response actions pursuant to the federal
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| Comprehensive Environmental Response, Compensation, and |
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| Liability Act of 1980,
the federal Resource Conservation |
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| and Recovery Act of 1976, or the Illinois
Environmental |
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| Protection Act or as authorized by the Agency;
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| (13) the portion of a site or facility accepting |
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| exclusively general
construction or demolition debris, |
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| located in a county with a population over
700,000 as of |
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| January 1, 2000, and operated and located in accordance |
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| with Section 22.38 of this Act; |
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| (14) the portion of a site or facility, located within |
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| a unit of local government that has enacted local zoning |
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| requirements, used to accept, separate, and process |
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| uncontaminated broken concrete, with or without protruding |
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| metal bars, provided that the uncontaminated broken |
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| concrete and metal bars are not speculatively accumulated, |
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| are at the site or facility no longer than one year after |
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| their acceptance, and are returned to the economic |
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| mainstream in the form of raw materials or products;
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| (15) the portion of a site or facility located in a |
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| county with a population over 3,000,000 that has obtained |
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| local siting approval under Section 39.2 of this Act for a |
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| municipal waste incinerator on or before July 1, 2005 and |
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| that is used for a non-hazardous waste transfer station;
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| (16) a site or facility that temporarily holds in |
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| transit for 10 days or less, non-petruscible solid waste in |
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| original containers, no larger in capacity than 500 |
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| gallons, provided that such waste is further transferred to |
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| a recycling, disposal, treatment, or storage facility on a |
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| non-contiguous site and provided such site or facility |
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| complies with the applicable 10-day transfer requirements |
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| of the federal Resource Conservation and Recovery Act of |
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| 1976 and United States Department of Transportation |
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| hazardous material requirements. For purposes of this |
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| Section only, "non-petruscible solid waste" means waste |
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| other than municipal garbage that does not rot or become |
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| putrid, including, but not limited to, paints, solvent, |
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| filters, and absorbents;
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| (17)
the portion of a site or facility located in a |
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| county with a population greater than 3,000,000 that has |
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| obtained local siting approval, under Section 39.2 of this |
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| Act, for a municipal waste incinerator on or before July 1, |
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| 2005 and that is used for wood combustion facilities for |
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| energy recovery that accept and burn only wood material, as |
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| included in a fuel specification approved by the Agency; |
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| and
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| (18)
a transfer station used exclusively for landscape |
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| waste, including a transfer station where landscape waste |
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| is ground to reduce its volume, where the landscape waste |
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LRB096 14216 JDS 29012 b |
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| is held no longer than 24 hours from the time it was |
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| received; and |
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| (19) the portion of a site or facility that is used to |
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| incinerate only evidence, contraband, or other confiscated |
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| or seized material that is in the possession or control of |
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| a law enforcement agency.
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| (b) A new pollution control facility is:
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| (1) a pollution control facility initially permitted |
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| for development or
construction after July 1, 1981; or
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| (2) the area of expansion beyond the boundary of a |
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| currently permitted
pollution control facility; or
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| (3) a permitted pollution control facility requesting |
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| approval to
store, dispose of, transfer or incinerate, for |
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| the first time, any special
or hazardous waste.
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| (Source: P.A. 94-94, eff. 7-1-05; 94-249, eff. 7-19-05; 94-824, |
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| eff. 6-2-06; 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; 95-331, |
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| eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. 8-21-08.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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