Bill Text: IL SB1089 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Environmental Protection Act. Defines "general construction or demolition debris recovery facility". Provides that for the disposal of solid waste from general construction or demolition debris recovery facilities, the total fee, tax, or surcharge imposed by all units of local government upon the solid waste disposal facility shall not exceed 50% of the applicable amount. Changes a provision concerning facilities accepting exclusively general construction or demolition debris for transfer, storage, or treatment to apply to general construction or demolition recovery facilities. Includes additional requirements for a general construction or demolition debris recovery facility. Changes or deletes certain requirements for a general construction or demolition debris recovery facility. In the provision regarding general construction or demolition debris recovery facility, removes or changes provisions regarding the use of the following terms: "treatment"; "recovered wood that is processed for use as fuel"; "non-recyclable general construction or demolition debris"; and "general construction or demolition debris that is process for use at a landfill". Provides that no person shall: cause or allow the acceptance of any waste at a general construction or demolition debris recovery facility, other than general construction or demolition debris; cause or allow the deposit or other placement of general construction or demolition debris that is received at a general construction or demolition debris recovery facility into or on any land or water; beginning one year after the effective date of rules adopted by the Pollution Control Board, own or operate a general construction or demolition debris recovery facility without a permit issued by the Environmental Protection Agency; and cause or allow the storage or treatment of general construction or demolition debris in violation of the Act, any regulations or standards adopted under the Act, or any condition of a permit issued under the Act. Requires the Agency to propose, and the Board to adopt, rules for permitting the operation of general construction or demolition debris recovery facilities. Provides for administrative citations and civil penalties regarding violations of the provision regarding general construction or demolition debris recovery facilities, including a civil penalty of $1,500 for each violation, plus any hearing costs incurred by the Board and the Agency, and a civil penalty of $3,000 for a second or subsequent violation. Makes other changes. Makes conforming changes. Repeals a provision regarding the limitation on fees assessed by local government on facilities accepting exclusively general construction and demolition debris. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-08-06 - Public Act . . . . . . . . . 102-0310 [SB1089 Detail]

Download: Illinois-2021-SB1089-Enrolled.html

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AN ACT concerning regulation.
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 Sections 3.160, 3.330, 21, 22.15, 22.38, 22.44, 31.1,
and 42 as follows:
(415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
Sec. 3.160. Construction or demolition debris.
(a) "General construction or demolition debris" means
non-hazardous, uncontaminated materials resulting from the
construction, remodeling, repair, and demolition of utilities,
structures, and roads, limited to the following: bricks,
concrete, and other masonry materials; soil; rock; wood,
including non-hazardous painted, treated, and coated wood and
wood products; wall coverings; plaster; drywall; plumbing
fixtures; non-asbestos insulation; roofing shingles and other
roof coverings; reclaimed or other asphalt pavement; glass;
plastics that are not sealed in a manner that conceals waste;
electrical wiring and components containing no hazardous
substances; and corrugated cardboard, piping or metals
incidental to any of those materials.
General construction or demolition debris does not include
uncontaminated soil generated during construction, remodeling,

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repair, and demolition of utilities, structures, and roads
provided the uncontaminated soil is not commingled with any
general construction or demolition debris or other waste.
To the extent allowed by federal law, uncontaminated
concrete with protruding rebar shall be considered clean
construction or demolition debris and shall not be considered
"waste" if it is separated or processed and returned to the
economic mainstream in the form of raw materials or products
within 4 years of its generation, if it is not speculatively
accumulated and, if used as a fill material, it is used in
accordance with item (i) in subsection (b) of this Section.
(a-1) "General construction or demolition debris recovery
facility" means a site or facility used to store or treat
exclusively general construction or demolition debris,
including, but not limited to, sorting, separating, or
transferring, for recycling, reclamation, or reuse. For
purposes of this definition, treatment includes altering the
physical nature of the general construction or demolition
debris, such as by size reduction, crushing, grinding, or
homogenization, but does not include treatment designed to
change the chemical nature of the general construction or
demolition debris.
(b) "Clean construction or demolition debris" means
uncontaminated broken concrete without protruding metal bars,
bricks, rock, stone, reclaimed or other asphalt pavement, or
soil generated from construction or demolition activities.

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Clean construction or demolition debris does not include
uncontaminated soil generated during construction, remodeling,
repair, and demolition of utilities, structures, and roads
provided the uncontaminated soil is not commingled with any
clean construction or demolition debris or other waste.
To the extent allowed by federal law, clean construction
or demolition debris shall not be considered "waste" if it is
(i) used as fill material outside of a setback zone if the fill
is placed no higher than the highest point of elevation
existing prior to the filling immediately adjacent to the fill
area, and if covered by sufficient uncontaminated soil to
support vegetation within 30 days of the completion of filling
or if covered by a road or structure, and, if used as fill
material in a current or former quarry, mine, or other
excavation, is used in accordance with the requirements of
Section 22.51 of this Act and the rules adopted thereunder or
(ii) separated or processed and returned to the economic
mainstream in the form of raw materials or products, if it is
not speculatively accumulated and, if used as a fill material,
it is used in accordance with item (i), or (iii) solely broken
concrete without protruding metal bars used for erosion
control, or (iv) generated from the construction or demolition
of a building, road, or other structure and used to construct,
on the site where the construction or demolition has taken
place, a manmade functional structure not to exceed 20 feet
above the highest point of elevation of the property

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immediately adjacent to the new manmade functional structure
as that elevation existed prior to the creation of that new
structure, provided that the structure shall be covered with
sufficient soil materials to sustain vegetation or by a road
or structure, and further provided that no such structure
shall be constructed within a home rule municipality with a
population over 500,000 without the consent of the
municipality.
For purposes of this subsection (b), reclaimed or other
asphalt pavement shall not be considered speculatively
accumulated if: (i) it is not commingled with any other clean
construction or demolition debris or any waste; (ii) it is
returned to the economic mainstream in the form of raw
materials or products within 4 years after its generation;
(iii) at least 25% of the total amount present at a site during
a calendar year is transported off of the site during the next
calendar year; and (iv) if used as a fill material, it is used
in accordance with item (i) of the second paragraph of this
subsection (b).
(c) For purposes of this Section, the term "uncontaminated
soil" means soil that does not contain contaminants in
concentrations that pose a threat to human health and safety
and the environment.
(1) No later than one year after the effective date of
this amendatory Act of the 96th General Assembly, the
Agency shall propose, and, no later than one year after

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receipt of the Agency's proposal, the Board shall adopt,
rules specifying the maximum concentrations of
contaminants that may be present in uncontaminated soil
for purposes of this Section. For carcinogens, the maximum
concentrations shall not allow exposure to exceed an
excess upper-bound lifetime risk of 1 in 1,000,000;
provided that if the most stringent remediation objective
or applicable background concentration for a contaminant
set forth in 35 Ill. Adm. Code 742 is greater than the
concentration that would allow exposure at an excess
upper-bound lifetime risk of 1 in 1,000,000, the Board may
consider allowing that contaminant in concentrations up to
its most stringent remediation objective or applicable
background concentration set forth in 35 Ill. Adm. Code
742 in soil used as fill material in a current or former
quarry, mine, or other excavation in accordance with
Section 22.51 or 22.51a of this Act and rules adopted
under those Sections. Any background concentration set
forth in 35 Ill. Adm. Code 742 that is adopted as a maximum
concentration must be based upon the location of the
quarry, mine, or other excavation where the soil is used
as fill material.
(2) To the extent allowed under federal law and
regulations, uncontaminated soil shall not be considered a
waste.
(Source: P.A. 96-235, eff. 8-11-09; 96-1416, eff. 7-30-10;

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97-137, eff. 7-14-11.)
(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;

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(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

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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

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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 regulated under
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

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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

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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

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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.

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(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.

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(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

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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;
(23) 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 (i) not less than 100,000
and not more than 115,000 according to the 2010
federal census, (ii) not less than 5,000 and not more
than 10,000 according to the 2010 federal census, or
(iii) not less than 25,000 and not more than 30,000
according to the 2010 federal census or that is
located in the unincorporated area of a county having

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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 to modify an existing permit for the
transfer of landscape waste to also include, on a
demonstration basis not to exceed 24 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
of the effective date of this amendatory Act of the
100th General Assembly; and
(24) the portion of a municipal solid waste landfill
unit:
(A) that is located in a county having a
population of not less than 55,000 and not more than
60,000 according to the 2010 federal census;
(B) that is owned by that county;
(C) that is permitted, by the Agency, prior to
July 10, 2015 (the effective date of Public Act
99-12); and
(D) for which a permit application is submitted to

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the Agency within 6 months after July 10, 2015 (the
effective date of Public Act 99-12) for the disposal
of non-hazardous special waste.
(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. 99-12, eff. 7-10-15; 99-440, eff. 8-21-15;
99-642, eff. 7-28-16; 100-94, eff. 8-11-17.)
(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
Sec. 21. Prohibited acts. No person shall:
(a) Cause or allow the open dumping of any waste.
(b) Abandon, dump, or deposit any waste upon the public
highways or other public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(c) Abandon any vehicle in violation of the "Abandoned
Vehicles Amendment to the Illinois Vehicle Code", as enacted
by the 76th General Assembly.
(d) Conduct any waste-storage, waste-treatment, or
waste-disposal operation:

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(1) without a permit granted by the Agency or in
violation of any conditions imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; provided,
however, that, except for municipal solid waste landfill
units that receive waste on or after October 9, 1993, and
CCR surface impoundments, no permit shall be required for
(i) any person conducting a waste-storage,
waste-treatment, or waste-disposal operation for wastes
generated by such person's own activities which are
stored, treated, or disposed within the site where such
wastes are generated, or (ii) until one year after the
effective date of rules adopted by the Board under
subsection (n) of Section 22.38, a facility located in a
county with a population over 700,000 as of January 1,
2000, operated and located in accordance with Section
22.38 of this Act, and used exclusively for the transfer,
storage, or treatment of general construction or
demolition debris, provided that the facility was
receiving construction or demolition debris on August 24,
2009 (the effective date of Public Act 96-611) this
amendatory Act of the 96th General Assembly;
(2) in violation of any regulations or standards
adopted by the Board under this Act; or

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(3) which receives waste after August 31, 1988, does
not have a permit issued by the Agency, and is (i) a
landfill used exclusively for the disposal of waste
generated at the site, (ii) a surface impoundment
receiving special waste not listed in an NPDES permit,
(iii) a waste pile in which the total volume of waste is
greater than 100 cubic yards or the waste is stored for
over one year, or (iv) a land treatment facility receiving
special waste generated at the site; without giving notice
of the operation to the Agency by January 1, 1989, or 30
days after the date on which the operation commences,
whichever is later, and every 3 years thereafter. The form
for such notification shall be specified by the Agency,
and shall be limited to information regarding: the name
and address of the location of the operation; the type of
operation; the types and amounts of waste stored, treated
or disposed of on an annual basis; the remaining capacity
of the operation; and the remaining expected life of the
operation.
Item (3) of this subsection (d) shall not apply to any
person engaged in agricultural activity who is disposing of a
substance that constitutes solid waste, if the substance was
acquired for use by that person on his own property, and the
substance is disposed of on his own property in accordance
with regulations or standards adopted by the Board.
This subsection (d) shall not apply to hazardous waste.

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(e) Dispose, treat, store or abandon any waste, or
transport any waste into this State for disposal, treatment,
storage or abandonment, except at a site or facility which
meets the requirements of this Act and of regulations and
standards thereunder.
(f) Conduct any hazardous waste-storage, hazardous
waste-treatment or hazardous waste-disposal operation:
(1) without a RCRA permit for the site issued by the
Agency under subsection (d) of Section 39 of this Act, or
in violation of any condition imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; or
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) in violation of any RCRA permit filing requirement
established under standards adopted by the Board under
this Act; or
(4) in violation of any order adopted by the Board
under this Act.
Notwithstanding the above, no RCRA permit shall be
required under this subsection or subsection (d) of Section 39
of this Act for any person engaged in agricultural activity
who is disposing of a substance which has been identified as a
hazardous waste, and which has been designated by Board

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regulations as being subject to this exception, if the
substance was acquired for use by that person on his own
property and the substance is disposed of on his own property
in accordance with regulations or standards adopted by the
Board.
(g) Conduct any hazardous waste-transportation operation:
(1) without registering with and obtaining a special
waste hauling permit from the Agency in accordance with
the regulations adopted by the Board under this Act; or
(2) in violation of any regulations or standards
adopted by the Board under this Act.
(h) Conduct any hazardous waste-recycling or hazardous
waste-reclamation or hazardous waste-reuse operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act.
(i) Conduct any process or engage in any act which
produces hazardous waste in violation of any regulations or
standards adopted by the Board under subsections (a) and (c)
of Section 22.4 of this Act.
(j) Conduct any special waste-transportation waste
transportation operation in violation of any regulations,
standards or permit requirements adopted by the Board under
this Act. However, sludge from a water or sewage treatment
plant owned and operated by a unit of local government which
(1) is subject to a sludge management plan approved by the
Agency or a permit granted by the Agency, and (2) has been

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tested and determined not to be a hazardous waste as required
by applicable State and federal laws and regulations, may be
transported in this State without a special waste hauling
permit, and the preparation and carrying of a manifest shall
not be required for such sludge under the rules of the
Pollution Control Board. The unit of local government which
operates the treatment plant producing such sludge shall file
an annual report with the Agency identifying the volume of
such sludge transported during the reporting period, the
hauler of the sludge, and the disposal sites to which it was
transported. This subsection (j) shall not apply to hazardous
waste.
(k) Fail or refuse to pay any fee imposed under this Act.
(l) Locate a hazardous waste disposal site above an active
or inactive shaft or tunneled mine or within 2 miles of an
active fault in the earth's crust. In counties of population
less than 225,000 no hazardous waste disposal site shall be
located (1) within 1 1/2 miles of the corporate limits as
defined on June 30, 1978, of any municipality without the
approval of the governing body of the municipality in an
official action; or (2) within 1000 feet of an existing
private well or the existing source of a public water supply
measured from the boundary of the actual active permitted site
and excluding existing private wells on the property of the
permit applicant. The provisions of this subsection do not
apply to publicly owned publicly-owned sewage works or the

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disposal or utilization of sludge from publicly owned
publicly-owned sewage works.
(m) Transfer interest in any land which has been used as a
hazardous waste disposal site without written notification to
the Agency of the transfer and to the transferee of the
conditions imposed by the Agency upon its use under subsection
(g) of Section 39.
(n) Use any land which has been used as a hazardous waste
disposal site except in compliance with conditions imposed by
the Agency under subsection (g) of Section 39.
(o) Conduct a sanitary landfill operation which is
required to have a permit under subsection (d) of this
Section, in a manner which results in any of the following
conditions:
(1) refuse in standing or flowing waters;
(2) leachate flows entering waters of the State;
(3) leachate flows exiting the landfill confines (as
determined by the boundaries established for the landfill
by a permit issued by the Agency);
(4) open burning of refuse in violation of Section 9
of this Act;
(5) uncovered refuse remaining from any previous
operating day or at the conclusion of any operating day,
unless authorized by permit;
(6) failure to provide final cover within time limits
established by Board regulations;

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(7) acceptance of wastes without necessary permits;
(8) scavenging as defined by Board regulations;
(9) deposition of refuse in any unpermitted portion of
the landfill;
(10) acceptance of a special waste without a required
manifest;
(11) failure to submit reports required by permits or
Board regulations;
(12) failure to collect and contain litter from the
site by the end of each operating day;
(13) failure to submit any cost estimate for the site
or any performance bond or other security for the site as
required by this Act or Board rules.
The prohibitions specified in this subsection (o) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to sanitary landfills.
(p) In violation of subdivision (a) of this Section, cause
or allow the open dumping of any waste in a manner which
results in any of the following occurrences at the dump site:
(1) litter;
(2) scavenging;
(3) open burning;
(4) deposition of waste in standing or flowing waters;

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(5) proliferation of disease vectors;
(6) standing or flowing liquid discharge from the dump
site;
(7) deposition of:
(i) general construction or demolition debris as
defined in Section 3.160(a) of this Act; or
(ii) clean construction or demolition debris as
defined in Section 3.160(b) of this Act.
The prohibitions specified in this subsection (p) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to open dumping.
(q) Conduct a landscape waste composting operation without
an Agency permit, provided, however, that no permit shall be
required for any person:
(1) conducting a landscape waste composting operation
for landscape wastes generated by such person's own
activities which are stored, treated, or disposed of
within the site where such wastes are generated; or
(1.5) conducting a landscape waste composting
operation that (i) has no more than 25 cubic yards of
landscape waste, composting additives, composting
material, or end-product compost on-site at any one time
and (ii) is not engaging in commercial activity; or

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(2) applying landscape waste or composted landscape
waste at agronomic rates; or
(2.5) operating a landscape waste composting facility
at a site having 10 or more occupied non-farm residences
within 1/2 mile of its boundaries, if the facility meets
all of the following criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the site's total acreage;
(A-5) any composting additives that the composting
facility accepts and uses at the facility are
necessary to provide proper conditions for composting
and do not exceed 10% of the total composting material
at the facility at any one time;
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased, or otherwise controlled by any waste
hauler or generator of nonagricultural compost
materials, and the operator of the composting facility
is not an employee, partner, shareholder, or in any
way connected with or controlled by any such waste
hauler or generator;
(C) all compost generated by the composting

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facility is applied at agronomic rates and used as
mulch, fertilizer, or soil conditioner on land
actually farmed by the person operating the composting
facility, and the finished compost is not stored at
the composting site for a period longer than 18 months
prior to its application as mulch, fertilizer, or soil
conditioner;
(D) no fee is charged for the acceptance of
materials to be composted at the facility; and
(E) the owner or operator, by January 1, 2014 (or
the January 1 following commencement of operation,
whichever is later) and January 1 of each year
thereafter, registers the site with the Agency, (ii)
reports to the Agency on the volume of composting
material received and used at the site; (iii)
certifies to the Agency that the site complies with
the requirements set forth in subparagraphs (A),
(A-5), (B), (C), and (D) of this paragraph (2.5); and
(iv) certifies to the Agency that all composting
material was placed more than 200 feet from the
nearest potable water supply well, was placed outside
the boundary of the 10-year floodplain or on a part of
the site that is floodproofed, was placed at least 1/4
mile from the nearest residence (other than a
residence located on the same property as the
facility) or a lesser distance from the nearest

SB1089 Enrolled - 28 - LRB102 04912 CPF 14931 b
residence (other than a residence located on the same
property as the facility) if the municipality in which
the facility is located has by ordinance approved a
lesser distance than 1/4 mile, and was placed more
than 5 feet above the water table; any ordinance
approving a residential setback of less than 1/4 mile
that is used to meet the requirements of this
subparagraph (E) of paragraph (2.5) of this subsection
must specifically reference this paragraph; or
(3) operating a landscape waste composting facility on
a farm, if the facility meets all of the following
criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the property's total acreage, except
that the Board may allow a higher percentage for
individual sites where the owner or operator has
demonstrated to the Board that the site's soil
characteristics or crop needs require a higher rate;
(A-1) the composting facility accepts from other
agricultural operations for composting with landscape
waste no materials other than uncontaminated and
source-separated (i) crop residue and other
agricultural plant residue generated from the
production and harvesting of crops and other customary

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farm practices, including, but not limited to, stalks,
leaves, seed pods, husks, bagasse, and roots and (ii)
plant-derived animal bedding, such as straw or
sawdust, that is free of manure and was not made from
painted or treated wood;
(A-2) any composting additives that the composting
facility accepts and uses at the facility are
necessary to provide proper conditions for composting
and do not exceed 10% of the total composting material
at the facility at any one time;
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased or otherwise controlled by any waste
hauler or generator of nonagricultural compost
materials, and the operator of the composting facility
is not an employee, partner, shareholder, or in any
way connected with or controlled by any such waste
hauler or generator;
(C) all compost generated by the composting
facility is applied at agronomic rates and used as
mulch, fertilizer or soil conditioner on land actually
farmed by the person operating the composting
facility, and the finished compost is not stored at
the composting site for a period longer than 18 months

SB1089 Enrolled - 30 - LRB102 04912 CPF 14931 b
prior to its application as mulch, fertilizer, or soil
conditioner;
(D) the owner or operator, by January 1 of each
year, (i) registers the site with the Agency, (ii)
reports to the Agency on the volume of composting
material received and used at the site, (iii)
certifies to the Agency that the site complies with
the requirements set forth in subparagraphs (A),
(A-1), (A-2), (B), and (C) of this paragraph (q)(3),
and (iv) certifies to the Agency that all composting
material:
(I) was placed more than 200 feet from the
nearest potable water supply well;
(II) was placed outside the boundary of the
10-year floodplain or on a part of the site that is
floodproofed;
(III) was placed either (aa) at least 1/4 mile
from the nearest residence (other than a residence
located on the same property as the facility) and
there are not more than 10 occupied non-farm
residences within 1/2 mile of the boundaries of
the site on the date of application or (bb) a
lesser distance from the nearest residence (other
than a residence located on the same property as
the facility) provided that the municipality or
county in which the facility is located has by

SB1089 Enrolled - 31 - LRB102 04912 CPF 14931 b
ordinance approved a lesser distance than 1/4 mile
and there are not more than 10 occupied non-farm
residences within 1/2 mile of the boundaries of
the site on the date of application; and
(IV) was placed more than 5 feet above the
water table.
Any ordinance approving a residential setback of
less than 1/4 mile that is used to meet the
requirements of this subparagraph (D) must
specifically reference this subparagraph.
For the purposes of this subsection (q), "agronomic rates"
means the application of not more than 20 tons per acre per
year, except that the Board may allow a higher rate for
individual sites where the owner or operator has demonstrated
to the Board that the site's soil characteristics or crop
needs require a higher rate.
(r) Cause or allow the storage or disposal of coal
combustion waste unless:
(1) such waste is stored or disposed of at a site or
facility for which a permit has been obtained or is not
otherwise required under subsection (d) of this Section;
or
(2) such waste is stored or disposed of as a part of
the design and reclamation of a site or facility which is
an abandoned mine site in accordance with the Abandoned
Mined Lands and Water Reclamation Act; or

SB1089 Enrolled - 32 - LRB102 04912 CPF 14931 b
(3) such waste is stored or disposed of at a site or
facility which is operating under NPDES and Subtitle D
permits issued by the Agency pursuant to regulations
adopted by the Board for mine-related water pollution and
permits issued pursuant to the federal Federal Surface
Mining Control and Reclamation Act of 1977 (P.L. 95-87) or
the rules and regulations thereunder or any law or rule or
regulation adopted by the State of Illinois pursuant
thereto, and the owner or operator of the facility agrees
to accept the waste; and either:
(i) such waste is stored or disposed of in
accordance with requirements applicable to refuse
disposal under regulations adopted by the Board for
mine-related water pollution and pursuant to NPDES and
Subtitle D permits issued by the Agency under such
regulations; or
(ii) the owner or operator of the facility
demonstrates all of the following to the Agency, and
the facility is operated in accordance with the
demonstration as approved by the Agency: (1) the
disposal area will be covered in a manner that will
support continuous vegetation, (2) the facility will
be adequately protected from wind and water erosion,
(3) the pH will be maintained so as to prevent
excessive leaching of metal ions, and (4) adequate
containment or other measures will be provided to

SB1089 Enrolled - 33 - LRB102 04912 CPF 14931 b
protect surface water and groundwater from
contamination at levels prohibited by this Act, the
Illinois Groundwater Protection Act, or regulations
adopted pursuant thereto.
Notwithstanding any other provision of this Title, the
disposal of coal combustion waste pursuant to item (2) or (3)
of this subdivision (r) shall be exempt from the other
provisions of this Title V, and notwithstanding the provisions
of Title X of this Act, the Agency is authorized to grant
experimental permits which include provision for the disposal
of wastes from the combustion of coal and other materials
pursuant to items (2) and (3) of this subdivision (r).
(s) After April 1, 1989, offer for transportation,
transport, deliver, receive or accept special waste for which
a manifest is required, unless the manifest indicates that the
fee required under Section 22.8 of this Act has been paid.
(t) Cause or allow a lateral expansion of a municipal
solid waste landfill unit on or after October 9, 1993, without
a permit modification, granted by the Agency, that authorizes
the lateral expansion.
(u) Conduct any vegetable by-product treatment, storage,
disposal or transportation operation in violation of any
regulation, standards or permit requirements adopted by the
Board under this Act. However, no permit shall be required
under this Title V for the land application of vegetable
by-products conducted pursuant to Agency permit issued under

SB1089 Enrolled - 34 - LRB102 04912 CPF 14931 b
Title III of this Act to the generator of the vegetable
by-products. In addition, vegetable by-products may be
transported in this State without a special waste hauling
permit, and without the preparation and carrying of a
manifest.
(v) (Blank).
(w) Conduct any generation, transportation, or recycling
of construction or demolition debris, clean or general, or
uncontaminated soil generated during construction, remodeling,
repair, and demolition of utilities, structures, and roads
that is not commingled with any waste, without the maintenance
of documentation identifying the hauler, generator, place of
origin of the debris or soil, the weight or volume of the
debris or soil, and the location, owner, and operator of the
facility where the debris or soil was transferred, disposed,
recycled, or treated. This documentation must be maintained by
the generator, transporter, or recycler for 3 years. This
subsection (w) shall not apply to (1) a permitted pollution
control facility that transfers or accepts construction or
demolition debris, clean or general, or uncontaminated soil
for final disposal, recycling, or treatment, (2) a public
utility (as that term is defined in the Public Utilities Act)
or a municipal utility, (3) the Illinois Department of
Transportation, or (4) a municipality or a county highway
department, with the exception of any municipality or county
highway department located within a county having a population

SB1089 Enrolled - 35 - LRB102 04912 CPF 14931 b
of over 3,000,000 inhabitants or located in a county that is
contiguous to a county having a population of over 3,000,000
inhabitants; but it shall apply to an entity that contracts
with a public utility, a municipal utility, the Illinois
Department of Transportation, or a municipality or a county
highway department. The terms "generation" and "recycling", as
used in this subsection, do not apply to clean construction or
demolition debris when (i) used as fill material below grade
outside of a setback zone if covered by sufficient
uncontaminated soil to support vegetation within 30 days of
the completion of filling or if covered by a road or structure,
(ii) solely broken concrete without protruding metal bars is
used for erosion control, or (iii) milled asphalt or crushed
concrete is used as aggregate in construction of the shoulder
of a roadway. The terms "generation" and "recycling", as used
in this subsection, do not apply to uncontaminated soil that
is not commingled with any waste when (i) used as fill material
below grade or contoured to grade, or (ii) used at the site of
generation.
(Source: P.A. 100-103, eff. 8-11-17; 101-171, eff. 7-30-19;
revised 9-12-19.)
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the Solid Waste Management Fund, to

SB1089 Enrolled - 36 - LRB102 04912 CPF 14931 b
be constituted from the fees collected by the State pursuant
to this Section, from repayments of loans made from the Fund
for solid waste projects, from registration fees collected
pursuant to the Consumer Electronics Recycling Act, and from
amounts transferred into the Fund pursuant to Public Act
100-433. Moneys received by the Department of Commerce and
Economic Opportunity in repayment of loans made pursuant to
the Illinois Solid Waste Management Act shall be deposited
into the General Revenue Fund.
(b) The Agency shall assess and collect a fee in the amount
set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency
to dispose of solid waste if the sanitary landfill is located
off the site where such waste was produced and if such sanitary
landfill is owned, controlled, and operated by a person other
than the generator of such waste. The Agency shall deposit all
fees collected into the Solid Waste Management Fund. If a site
is contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the fee
under this subsection. Beginning on July 1, 2018, and on the
first day of each month thereafter during fiscal years 2019
through 2021, the State Comptroller shall direct and State
Treasurer shall transfer an amount equal to 1/12 of $5,000,000
per fiscal year from the Solid Waste Management Fund to the
General Revenue Fund.

SB1089 Enrolled - 37 - LRB102 04912 CPF 14931 b
(1) If more than 150,000 cubic yards of non-hazardous
solid waste is permanently disposed of at a site in a
calendar year, the owner or operator shall either pay a
fee of 95 cents per cubic yard or, alternatively, the
owner or operator may weigh the quantity of the solid
waste permanently disposed of with a device for which
certification has been obtained under the Weights and
Measures Act and pay a fee of $2.00 per ton of solid waste
permanently disposed of. In no case shall the fee
collected or paid by the owner or operator under this
paragraph exceed $1.55 per cubic yard or $3.27 per ton.
(2) If more than 100,000 cubic yards but not more than
150,000 cubic yards of non-hazardous waste is permanently
disposed of at a site in a calendar year, the owner or
operator shall pay a fee of $52,630.
(3) If more than 50,000 cubic yards but not more than
100,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $23,790.
(4) If more than 10,000 cubic yards but not more than
50,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $7,260.
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay a

SB1089 Enrolled - 38 - LRB102 04912 CPF 14931 b
fee of $1050.
(c) (Blank).
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such rules
shall include, but not be limited to:
(1) necessary records identifying the quantities of
solid waste received or disposed;
(2) the form and submission of reports to accompany
the payment of fees to the Agency;
(3) the time and manner of payment of fees to the
Agency, which payments shall not be more often than
quarterly; and
(4) procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency and the
Department of Commerce and Economic Opportunity for the
purposes set forth in this Section and in the Illinois Solid
Waste Management Act, including for the costs of fee
collection and administration, and for the administration of
(1) the Consumer Electronics Recycling Act and (2) until
January 1, 2020, the Electronic Products Recycling and Reuse
Act.
(f) The Agency is authorized to enter into such agreements
and to promulgate such rules as are necessary to carry out its

SB1089 Enrolled - 39 - LRB102 04912 CPF 14931 b
duties under this Section and the Illinois Solid Waste
Management Act.
(g) On the first day of January, April, July, and October
of each year, beginning on July 1, 1996, the State Comptroller
and Treasurer shall transfer $500,000 from the Solid Waste
Management Fund to the Hazardous Waste Fund. Moneys
transferred under this subsection (g) shall be used only for
the purposes set forth in item (1) of subsection (d) of Section
22.2.
(h) The Agency is authorized to provide financial
assistance to units of local government for the performance of
inspecting, investigating and enforcement activities pursuant
to Section 4(r) at nonhazardous solid waste disposal sites.
(i) The Agency is authorized to conduct household waste
collection and disposal programs.
(j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge
with regard to the permanent disposal of solid waste. All
fees, taxes, and surcharges collected under this subsection
shall be utilized for solid waste management purposes,
including long-term monitoring and maintenance of landfills,
planning, implementation, inspection, enforcement and other
activities consistent with the Solid Waste Management Act and
the Local Solid Waste Disposal Act, or for any other
environment-related purpose, including but not limited to an

SB1089 Enrolled - 40 - LRB102 04912 CPF 14931 b
environment-related public works project, but not for the
construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee,
tax or surcharge imposed by all units of local government
under this subsection (j) upon the solid waste disposal
facility shall not exceed:
(1) 60¢ per cubic yard if more than 150,000 cubic
yards of non-hazardous solid waste is permanently disposed
of at the site in a calendar year, unless the owner or
operator weighs the quantity of the solid waste received
with a device for which certification has been obtained
under the Weights and Measures Act, in which case the fee
shall not exceed $1.27 per ton of solid waste permanently
disposed of.
(2) $33,350 if more than 100,000 cubic yards, but not
more than 150,000 cubic yards, of non-hazardous waste is
permanently disposed of at the site in a calendar year.
(3) $15,500 if more than 50,000 cubic yards, but not
more than 100,000 cubic yards, of non-hazardous solid
waste is permanently disposed of at the site in a calendar
year.
(4) $4,650 if more than 10,000 cubic yards, but not
more than 50,000 cubic yards, of non-hazardous solid waste
is permanently disposed of at the site in a calendar year.
(5) $650 if not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at

SB1089 Enrolled - 41 - LRB102 04912 CPF 14931 b
the site in a calendar year.
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a
highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped on
public property in violation of a State law or local
ordinance.
For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in
subsection (a-1) of Section 3.160, the total fee, tax, or
surcharge imposed by all units of local government under this
subsection (j) upon the solid waste disposal facility shall
not exceed 50% of the applicable amount set forth above. A unit
of local government, as defined in the Local Solid Waste
Disposal Act, in which a general construction or demolition
debris recovery facility is located may establish a fee, tax,
or surcharge on the general construction or demolition debris
recovery facility with regard to the permanent disposal of
solid waste by the general construction or demolition debris
recovery facility at a solid waste disposal facility, provided
that such fee, tax, or surcharge shall not exceed 50% of the
applicable amount set forth above, based on the total amount
of solid waste transported from the general construction or
demolition debris recovery facility for disposal at solid

SB1089 Enrolled - 42 - LRB102 04912 CPF 14931 b
waste disposal facilities, and the unit of local government
and fee shall be subject to all other requirements of this
subsection (j).
A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has
been dumped on public property in violation of a State law or
local ordinance.
If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement with
the Agency pursuant to subsection (r) of Section 4. The unit of
local government and the Agency shall enter into such a
written delegation agreement within 60 days after the
establishment of such fees. At least annually, the Agency
shall conduct an audit of the expenditures made by units of
local government from the funds granted by the Agency to the
units of local government for purposes of local sanitary
landfill inspection and enforcement programs, to ensure that
the funds have been expended for the prescribed purposes under
the grant.
The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local government
in a separate fund, and the interest received on the moneys in

SB1089 Enrolled - 43 - LRB102 04912 CPF 14931 b
the fund shall be credited to the fund. The monies in the fund
may be accumulated over a period of years to be expended in
accordance with this subsection.
A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and post on its website
distribute to the Agency, in April of each year, a report that
details spending plans for monies collected in accordance with
this subsection. The report will at a minimum include the
following:
(1) The total monies collected pursuant to this
subsection.
(2) The most current balance of monies collected
pursuant to this subsection.
(3) An itemized accounting of all monies expended for
the previous year pursuant to this subsection.
(4) An estimation of monies to be collected for the
following 3 years pursuant to this subsection.
(5) A narrative detailing the general direction and
scope of future expenditures for one, 2 and 3 years.
The exemptions granted under Sections 22.16 and 22.16a,
and under subsection (k) of this Section, shall be applicable
to any fee, tax or surcharge imposed under this subsection
(j); except that the fee, tax or surcharge authorized to be
imposed under this subsection (j) may be made applicable by a
unit of local government to the permanent disposal of solid
waste after December 31, 1986, under any contract lawfully

SB1089 Enrolled - 44 - LRB102 04912 CPF 14931 b
executed before June 1, 1986 under which more than 150,000
cubic yards (or 50,000 tons) of solid waste is to be
permanently disposed of, even though the waste is exempt from
the fee imposed by the State under subsection (b) of this
Section pursuant to an exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1, 1989
the fee under subsection (b) and the fee, tax or surcharge
under subsection (j) shall not apply to:
(1) waste which is hazardous waste;
(2) waste which is pollution control waste;
(3) waste from recycling, reclamation or reuse
processes which have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render such wastes reusable, provided that the process
renders at least 50% of the waste reusable; the exemption
set forth in this paragraph (3) of this subsection (k)
shall not apply to general construction or demolition
debris recovery facilities as defined in subsection (a-1)
of Section 3.160;
(4) non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency; or
(5) any landfill which is permitted by the Agency to
receive only demolition or construction debris or
landscape waste.

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(Source: P.A. 100-103, eff. 8-11-17; 100-433, eff. 8-25-17;
100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
8-14-18; 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
(415 ILCS 5/22.38)
Sec. 22.38. General construction or demolition debris
recovery facilities Facilities accepting exclusively general
construction or demolition debris for transfer, storage, or
treatment.
(a) General construction or demolition debris recovery
facilities Facilities accepting exclusively general
construction or demolition debris for transfer, storage, or
treatment shall be subject to local zoning, ordinance, and
land use requirements. General construction or demolition
debris recovery Those facilities shall be located in
accordance with local zoning requirements or, in the absence
of local zoning requirements, shall be located so that no part
of the facility boundary is closer than 1,320 feet from the
nearest property zoned for primarily residential use.
(b) An owner or operator of a general construction or
demolition debris recovery facility accepting exclusively
general construction or demolition debris for transfer,
storage, or treatment shall:
(0.5) Ensure that no less than 40% of the total
general construction or demolition debris received at the
facility on a rolling 12-month average basis is recyclable

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general construction or demolition debris as defined in
subsection (c). The percentage in this paragraph (0.5) of
subsection (b) shall be calculated by weight.
(1) Within 48 hours after receipt of the general
construction or demolition debris at the facility, sort
the general construction or demolition debris to separate
the (i) recyclable general construction or demolition
debris and (ii) wood being , recovered wood that is
processed for use as fuel from all other general
construction or demolition debris , and general
construction or demolition debris that is processed for
use at a landfill from the non-recyclable general
construction or demolition debris that is to be disposed
of or discarded.
(2) Transport off site for disposal, in accordance
with all applicable federal, State, and local
requirements, within 72 hours after its receipt at the
facility, all non-usable or non-recyclable general
construction or demolition debris that is not (i)
recyclable general construction or demolition debris or
(ii) wood being , recovered wood that is processed for use
as fuel, or general construction or demolition debris that
is processed for use at a landfill.
(3) Use best management practices to identify and
remove all drywall and other wallboard containing gypsum
from the (i) recyclable general construction or demolition

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debris and (ii) wood being recovered for use as fuel,
prior to any mechanical sorting, separating, grinding, or
other processing. Limit the percentage of incoming
non-recyclable general construction or demolition debris
to 25% or less of the total incoming general construction
or demolition debris, so that 75% or more of the general
construction or demolition debris accepted, as calculated
monthly on a rolling 12-month average, consists of
recyclable general construction or demolition debris,
recovered wood that is processed for use as fuel, or
general construction or demolition debris that is
processed for use at a landfill except that general
construction or demolition debris processed for use at a
landfill shall not exceed 35% of the general construction
or demolition debris accepted on a rolling 12-month
average basis. The percentages in this paragraph (3) of
subsection (b) shall be calculated by weight, using scales
located at the facility that are certified under the
Weights and Measures Act.
(4) Within 45 calendar days after receipt, transport
off-site all putrescible recyclable general construction
or demolition debris and all wood recovered for use as
fuel. Within 6 months after its receipt at the facility,
transport:
(A) all non-putrescible recyclable general
construction or demolition debris for recycling or

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disposal; and
(B) all non-putrescible general construction or
demolition debris that is processed for use at a
landfill to a MSWLF unit for use or disposal.
(5) Within 6 months after receipt, transport off-site
all non-putrescible recyclable general construction or
demolition debris. 45 days after its receipt at the
facility, transport:
(A) all putrescible or combustible recyclable
general construction or demolition debris (excluding
recovered wood that is processed for use as fuel) for
recycling or disposal;
(B) all recovered wood that is processed for use
as fuel to an intermediate processing facility for
sizing, to a combustion facility for use as fuel, or to
a disposal facility; and
(C) all putrescible general construction or
demolition debris that is processed for use at a
landfill to a MSWLF unit for use or disposal.
(6) Employ tagging and recordkeeping procedures to, at
a minimum, (i) demonstrate compliance with this Section,
and (ii) identify the type, amount, source, and
transporter of material accepted by the facility, and
(iii) identify the type, amount, destination, and
transporter of material transported from the facility.
Records shall be maintained in a form and format

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prescribed by the Agency, and beginning October 1, 2021,
no later than every October 1, January 1, April 1, and July
1 thereafter the records shall be summarized in quarterly
reports submitted to the Agency in a form and format
prescribed by the Agency.
(7) Control odor, noise, combustion of materials,
disease vectors, dust, and litter.
(8) Control, manage, and dispose of any storm water
runoff and leachate generated at the facility in
accordance with applicable federal, State, and local
requirements.
(9) Control access to the facility.
(10) Comply with all applicable federal, State, or
local requirements for the handling, storage,
transportation, or disposal of asbestos-containing
material or other material accepted at the facility that
is not general construction or demolition debris.
(11) For an owner or operator that first received
general construction or demolition debris prior to August
24, 2009, submit to the Agency, no later than 6 months
after the effective date of rules adopted by the Board
under subsection (n), a permit application for a general
construction or demolition debris recovery facility. Prior
to August 24, 2009 (the effective date of Public Act
96-611), submit to the Agency at least 30 days prior to the
initial acceptance of general construction or demolition

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debris at the facility, on forms provided by the Agency,
the following information:
(A) the name, address, and telephone number of
both the facility owner and operator;
(B) the street address and location of the
facility;
(C) a description of facility operations;
(D) a description of the tagging and recordkeeping
procedures the facility will employ to (i) demonstrate
compliance with this Section and (ii) identify the
source and transporter of any material accepted by the
facility;
(E) the name and location of the disposal sites to
be used for the disposal of any general construction
or demolition debris received at the facility that
must be disposed of;
(F) the name and location of an individual,
facility, or business to which recyclable materials
will be transported;
(G) the name and location of intermediate
processing facilities or combustion facilities to
which recovered wood that is processed for use as fuel
will be transported; and
(H) other information as specified on the form
provided by the Agency.
(12) On or after August 24, 2009 (the effective date

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of Public Act 96-611), obtain a permit for the operation
of a general construction or demolition debris recovery
facility issued by the Agency prior to the initial
acceptance of general construction or demolition debris at
the facility.
When any of the information contained or processes
described in the initial notification form submitted to
the Agency under paragraph (11) of subsection (b) of this
Section changes, the owner and operator shall submit an
updated form within 14 days of the change.
(c) For purposes of this Section, the term "recyclable
general construction or demolition debris" means general
construction or demolition debris that is being reclaimed from
the general construction or demolition debris waste stream and
(i) is has been rendered reusable and is reused or (ii) that
would otherwise be disposed of or discarded but is collected,
separated, or processed and returned to the economic
mainstream in the form of raw materials or products.
"Recyclable general construction or demolition debris" does
not include (i) general construction or demolition debris that
is (i) recovered processed for use as fuel or that is
otherwise , incinerated or , burned, (ii) buried, or otherwise
used as fill material, including, but not limited to, the use
of any clean construction or demolition debris fraction of
general construction or demolition debris as fill material
under subsection (b) of Section 3.160 or at a clean

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construction or demolition debris fill operation under Section
22.51, or (iii) disposed of at a landfill (ii) general
construction or demolition debris that is processed for use at
a landfill.
(d) (Blank). For purposes of this Section, "treatment"
means processing designed to alter the physical nature of the
general construction or demolition debris, including but not
limited to size reduction, crushing, grinding, or
homogenization, but does not include processing designed to
change the chemical nature of the general construction or
demolition debris.
(e) For purposes of this Section, wood recovered for use
as fuel is "recovered wood that is processed for use as fuel"
means wood that is recovered has been salvaged from the
general construction or demolition debris waste stream and
processed for use as fuel, as authorized by the applicable
state or federal environmental regulatory authority, and
supplied only to intermediate processing facilities for
sizing, or to combustion facilities for use as fuel, that have
obtained all necessary waste management and air permits for
handling and combustion of the fuel.
(f) (Blank). For purposes of this Section, "non-recyclable
general construction or demolition debris" does not include
"recovered wood that is processed for use as fuel" or general
construction or demolition debris that is processed for use at
a landfill.

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(g) (Blank). Recyclable general construction or demolition
debris, recovered wood that is processed for use as fuel, and
general construction or demolition debris that is processed
for use at a landfill shall not be considered as meeting the
75% diversion requirement for purposes of subdivision (b)(3)
of this Section if sent for disposal at the end of the
applicable retention period.
(h) (Blank). For the purposes of this Section, "general
construction or demolition debris that is processed for use at
a landfill" means general construction or demolition debris
that is processed for use at a MSWLF unit as alternative daily
cover, road building material, or drainage structure building
material in accordance with the MSWLF unit's waste disposal
permit issued by the Agency under this Act.
(i) (Blank). For purposes of the 75% diversion requirement
under subdivision (b)(3) of this Section, owners and operators
of facilities accepting exclusively general construction or
demolition debris for transfer, storage, or treatment may
multiply by 2 the amount of accepted asphalt roofing shingles
that are transferred to a facility for recycling in accordance
with a beneficial use determination issued under Section 22.54
of this Act. The owner or operator of the facility accepting
exclusively general construction or demolition debris for
transfer, storage, or treatment must maintain receipts from
the shingle recycling facility that document the amounts of
asphalt roofing shingles transferred for recycling in

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accordance with the beneficial use determination. All receipts
must be maintained for a minimum of 3 years and must be made
available to the Agency for inspection and copying during
normal business hours.
(j) No person shall cause or allow the acceptance of any
waste at a general construction or demolition debris recovery
facility, other than general construction or demolition
debris.
(k) No person shall cause or allow the deposit or other
placement of any general construction or demolition debris
that is received at a general construction or demolition
debris recovery facility, including any clean construction or
demolition debris fraction, into or on any land or water.
However, any clean construction or demolition debris fraction
may be used as fill or road construction material at a clean
construction or demolition debris fill operation under Section
22.51 and any rules or regulations adopted thereunder if the
clean construction or demolition debris is separated and
managed separately from other general construction or
demolition debris and otherwise meets the requirements
applicable to clean construction or demolition debris at a
clean construction or demolition debris fill operation.
(l) Beginning one year after the effective date of rules
adopted by the Board under subsection (n), no person shall own
or operate a general construction or demolition debris
recovery facility without a permit issued by the Agency.

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(m) In addition to any other requirements of this Act, no
person shall, at a general construction or demolition debris
recovery facility, cause or allow the storage or treatment of
general construction or demolition debris in violation of this
Act, any regulations or standards adopted under this Act, or
any condition of a permit issued under this Act.
(n) No later than one year after the effective date of this
amendatory Act of the 102nd General Assembly, the Agency shall
propose to the Board, and no later than one year after receipt
of the Agency's proposal, the Board shall adopt, rules for the
permitting of general construction or demolition debris
recovery facilities. Such rules shall include, but not be
limited to: requirements for material receipt, handling,
storage, and transfer; improvements to best management
practices for identifying, testing for, and removing drywall
containing gypsum; recordkeeping; reporting; limiting or
prohibiting sulfur in wallboard used or disposed of at
landfills; and requirements for the separation and separate
management of any clean construction or demolition debris that
will be transported to a clean construction or demolition
debris fill operation.
(Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09;
96-1000, eff. 7-2-10; 97-230, eff. 7-28-11; 97-314, eff.
1-1-12; 97-813, eff. 7-13-12.)
(415 ILCS 5/22.44)

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Sec. 22.44. Subtitle D management fees.
(a) There is created within the State treasury a special
fund to be known as the "Subtitle D Management Fund"
constituted from the fees collected by the State under this
Section.
(b) The Agency shall assess and collect a fee in the amount
set forth in this subsection from the owner or operator of each
sanitary landfill permitted or required to be permitted by the
Agency to dispose of solid waste if the sanitary landfill is
located off the site where the waste was produced and if the
sanitary landfill is owned, controlled, and operated by a
person other than the generator of the waste. The Agency shall
deposit all fees collected under this subsection into the
Subtitle D Management Fund. If a site is contiguous to one or
more landfills owned or operated by the same person, the
volumes permanently disposed of by each landfill shall be
combined for purposes of determining the fee under this
subsection.
(1) If more than 150,000 cubic yards of non-hazardous
solid waste is permanently disposed of at a site in a
calendar year, the owner or operator shall either pay a
fee of 10.1 cents per cubic yard or, alternatively, the
owner or operator may weigh the quantity of the solid
waste permanently disposed of with a device for which
certification has been obtained under the Weights and
Measures Act and pay a fee of 22 cents per ton of waste

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permanently disposed of.
(2) If more than 100,000 cubic yards, but not more
than 150,000 cubic yards, of non-hazardous waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $7,020.
(3) If more than 50,000 cubic yards, but not more than
100,000 cubic yards, of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $3,120.
(4) If more than 10,000 cubic yards, but not more than
50,000 cubic yards, of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $975.
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay a
fee of $210.
(c) The fee under subsection (b) shall not apply to any of
the following:
(1) Hazardous waste.
(2) Pollution control waste.
(3) Waste from recycling, reclamation, or reuse
processes that have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render the wastes reusable, provided that the process
renders at least 50% of the waste reusable. However, the

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exemption set forth in this paragraph (3) of this
subsection (c) shall not apply to general construction or
demolition debris recovery facilities as defined in
subsection (a-1) of Section 3.160.
(4) Non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency.
(5) Any landfill that is permitted by the Agency to
receive only demolition or construction debris or
landscape waste.
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. These rules
shall include, but not be limited to the following:
(1) Necessary records identifying the quantities of
solid waste received or disposed.
(2) The form and submission of reports to accompany
the payment of fees to the Agency.
(3) The time and manner of payment of fees to the
Agency, which payments shall not be more often than
quarterly.
(4) Procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Fees collected under this Section shall be in addition
to any other fees collected under any other Section.
(f) The Agency shall not refund any fee paid to it under

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this Section.
(g) Pursuant to appropriation, all moneys in the Subtitle
D Management Fund shall be used by the Agency to administer the
United States Environmental Protection Agency's Subtitle D
Program provided in Sections 4004 and 4010 of the Resource
Conservation and Recovery Act of 1976 (P.L. 94-580) as it
relates to a municipal solid waste landfill program in
Illinois and to fund a delegation of inspecting,
investigating, and enforcement functions, within the
municipality only, pursuant to subsection (r) of Section 4 of
this Act to a municipality having a population of more than
1,000,000 inhabitants. The Agency shall execute a delegation
agreement pursuant to subsection (r) of Section 4 of this Act
with a municipality having a population of more than 1,000,000
inhabitants within 90 days of September 13, 1993 and shall on
an annual basis distribute from the Subtitle D Management Fund
to that municipality no less than $150,000. Pursuant to
appropriation, moneys in the Subtitle D Management Fund may
also be used by the Agency for activities conducted under
Section 22.15a of this Act.
(Source: P.A. 93-32, eff. 7-1-03; 94-272, eff. 7-19-05.)
(415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)
Sec. 31.1. Administrative citation.
(a) The prohibitions specified in subsections (o) and (p)
of Section 21 and subsection (k) of Section 55 of this Act

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shall be enforceable either by administrative citation under
this Section or as otherwise provided by this Act. Violations
of Sections 22.38, Section 22.51, and 22.51a of this Act shall
be enforceable either by administrative citation under this
Section or as otherwise provided by this Act.
(b) Whenever Agency personnel or personnel of a unit of
local government to which the Agency has delegated its
functions pursuant to subsection (r) of Section 4 of this Act,
on the basis of direct observation, determine that any person
has violated any provision of subsection (o) or (p) of Section
21, Section 22.38, Section 22.51, Section 22.51a, or
subsection (k) of Section 55 of this Act, the Agency or such
unit of local government may issue and serve an administrative
citation upon such person within not more than 60 days after
the date of the observed violation. Each such citation issued
shall be served upon the person named therein or such person's
authorized agent for service of process, and shall include the
following information:
(1) a statement specifying the provisions of
subsection (o) or (p) of Section 21, Section 22.38,
Section 22.51, Section 22.51a, or subsection (k) of
Section 55 of which the person was observed to be in
violation;
(2) a copy of the inspection report in which the
Agency or local government recorded the violation, which
report shall include the date and time of inspection, and

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weather conditions prevailing during the inspection;
(3) the penalty imposed by subdivision (b)(4) or
(b)(4-5) of Section 42 for such violation;
(4) instructions for contesting the administrative
citation findings pursuant to this Section, including
notification that the person has 35 days within which to
file a petition for review before the Board to contest the
administrative citation; and
(5) an affidavit by the personnel observing the
violation, attesting to their material actions and
observations.
(c) The Agency or unit of local government shall file a
copy of each administrative citation served under subsection
(b) of this Section with the Board no later than 10 days after
the date of service.
(d) (1) If the person named in the administrative citation
fails to petition the Board for review within 35 days from the
date of service, the Board shall adopt a final order, which
shall include the administrative citation and findings of
violation as alleged in the citation, and shall impose the
penalty specified in subdivision (b)(4) or (b)(4-5) of Section
42.
(2) If a petition for review is filed before the Board to
contest an administrative citation issued under subsection (b)
of this Section, the Agency or unit of local government shall
appear as a complainant at a hearing before the Board to be

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conducted pursuant to Section 32 of this Act at a time not less
than 21 days after notice of such hearing has been sent by the
Board to the Agency or unit of local government and the person
named in the citation. In such hearings, the burden of proof
shall be on the Agency or unit of local government. If, based
on the record, the Board finds that the alleged violation
occurred, it shall adopt a final order which shall include the
administrative citation and findings of violation as alleged
in the citation, and shall impose the penalty specified in
subdivision (b)(4) or (b)(4-5) of Section 42. However, if the
Board finds that the person appealing the citation has shown
that the violation resulted from uncontrollable circumstances,
the Board shall adopt a final order which makes no finding of
violation and which imposes no penalty.
(e) Sections 10-25 through 10-60 of the Illinois
Administrative Procedure Act shall not apply to any
administrative citation issued under subsection (b) of this
Section.
(f) The other provisions of this Section shall not apply
to a sanitary landfill operated by a unit of local government
solely for the purpose of disposing of water and sewage
treatment plant sludges, including necessary stabilizing
materials.
(g) All final orders issued and entered by the Board
pursuant to this Section shall be enforceable by injunction,
mandamus or other appropriate remedy, in accordance with

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Section 42 of this Act.
(Source: P.A. 96-737, eff. 8-25-09; 96-1416, eff. 7-30-10.)
(415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
Sec. 42. Civil penalties.
(a) Except as provided in this Section, any person that
violates any provision of this Act or any regulation adopted
by the Board, or any permit or term or condition thereof, or
that violates any order of the Board pursuant to this Act,
shall be liable for a civil penalty of not to exceed $50,000
for the violation and an additional civil penalty of not to
exceed $10,000 for each day during which the violation
continues; such penalties may, upon order of the Board or a
court of competent jurisdiction, be made payable to the
Environmental Protection Trust Fund, to be used in accordance
with the provisions of the Environmental Protection Trust Fund
Act.
(b) Notwithstanding the provisions of subsection (a) of
this Section:
(1) Any person that violates Section 12(f) of this Act
or any NPDES permit or term or condition thereof, or any
filing requirement, regulation or order relating to the
NPDES permit program, shall be liable to a civil penalty
of not to exceed $10,000 per day of violation.
(2) Any person that violates Section 12(g) of this Act
or any UIC permit or term or condition thereof, or any

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filing requirement, regulation or order relating to the
State UIC program for all wells, except Class II wells as
defined by the Board under this Act, shall be liable to a
civil penalty not to exceed $2,500 per day of violation;
provided, however, that any person who commits such
violations relating to the State UIC program for Class II
wells, as defined by the Board under this Act, shall be
liable to a civil penalty of not to exceed $10,000 for the
violation and an additional civil penalty of not to exceed
$1,000 for each day during which the violation continues.
(3) Any person that violates Sections 21(f), 21(g),
21(h) or 21(i) of this Act, or any RCRA permit or term or
condition thereof, or any filing requirement, regulation
or order relating to the State RCRA program, shall be
liable to a civil penalty of not to exceed $25,000 per day
of violation.
(4) In an administrative citation action under Section
31.1 of this Act, any person found to have violated any
provision of subsection (o) of Section 21 of this Act
shall pay a civil penalty of $500 for each violation of
each such provision, plus any hearing costs incurred by
the Board and the Agency. Such penalties shall be made
payable to the Environmental Protection Trust Fund, to be
used in accordance with the provisions of the
Environmental Protection Trust Fund Act; except that if a
unit of local government issued the administrative

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citation, 50% of the civil penalty shall be payable to the
unit of local government.
(4-5) In an administrative citation action under
Section 31.1 of this Act, any person found to have
violated any provision of subsection (p) of Section 21,
Section 22.38, Section 22.51, Section 22.51a, or
subsection (k) of Section 55 of this Act shall pay a civil
penalty of $1,500 for each violation of each such
provision, plus any hearing costs incurred by the Board
and the Agency, except that the civil penalty amount shall
be $3,000 for each violation of any provision of
subsection (p) of Section 21, Section 22.38, Section
22.51, Section 22.51a, or subsection (k) of Section 55
that is the person's second or subsequent adjudication
violation of that provision. The penalties shall be
deposited into the Environmental Protection Trust Fund, to
be used in accordance with the provisions of the
Environmental Protection Trust Fund Act; except that if a
unit of local government issued the administrative
citation, 50% of the civil penalty shall be payable to the
unit of local government.
(5) Any person who violates subsection 6 of Section
39.5 of this Act or any CAAPP permit, or term or condition
thereof, or any fee or filing requirement, or any duty to
allow or carry out inspection, entry or monitoring
activities, or any regulation or order relating to the

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CAAPP shall be liable for a civil penalty not to exceed
$10,000 per day of violation.
(6) Any owner or operator of a community water system
that violates subsection (b) of Section 18.1 or subsection
(a) of Section 25d-3 of this Act shall, for each day of
violation, be liable for a civil penalty not to exceed $5
for each of the premises connected to the affected
community water system.
(7) Any person who violates Section 52.5 of this Act
shall be liable for a civil penalty of up to $1,000 for the
first violation of that Section and a civil penalty of up
to $2,500 for a second or subsequent violation of that
Section.
(b.5) In lieu of the penalties set forth in subsections
(a) and (b) of this Section, any person who fails to file, in a
timely manner, toxic chemical release forms with the Agency
pursuant to Section 25b-2 of this Act shall be liable for a
civil penalty of $100 per day for each day the forms are late,
not to exceed a maximum total penalty of $6,000. This daily
penalty shall begin accruing on the thirty-first day after the
date that the person receives the warning notice issued by the
Agency pursuant to Section 25b-6 of this Act; and the penalty
shall be paid to the Agency. The daily accrual of penalties
shall cease as of January 1 of the following year. All
penalties collected by the Agency pursuant to this subsection
shall be deposited into the Environmental Protection Permit

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and Inspection Fund.
(c) Any person that violates this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order and causes the death
of fish or aquatic life shall, in addition to the other
penalties provided by this Act, be liable to pay to the State
an additional sum for the reasonable value of the fish or
aquatic life destroyed. Any money so recovered shall be placed
in the Wildlife and Fish Fund in the State Treasury.
(d) The penalties provided for in this Section may be
recovered in a civil action.
(e) The State's Attorney of the county in which the
violation occurred, or the Attorney General, may, at the
request of the Agency or on his own motion, institute a civil
action for an injunction, prohibitory or mandatory, to
restrain violations of this Act, any rule or regulation
adopted under this Act, any permit or term or condition of a
permit, or any Board order, or to require such other actions as
may be necessary to address violations of this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order.
(f) The State's Attorney of the county in which the
violation occurred, or the Attorney General, shall bring such
actions in the name of the people of the State of Illinois.
Without limiting any other authority which may exist for the
awarding of attorney's fees and costs, the Board or a court of

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competent jurisdiction may award costs and reasonable
attorney's fees, including the reasonable costs of expert
witnesses and consultants, to the State's Attorney or the
Attorney General in a case where he has prevailed against a
person who has committed a willful, knowing, or repeated
violation of this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any
Board order.
Any funds collected under this subsection (f) in which the
Attorney General has prevailed shall be deposited in the
Hazardous Waste Fund created in Section 22.2 of this Act. Any
funds collected under this subsection (f) in which a State's
Attorney has prevailed shall be retained by the county in
which he serves.
(g) All final orders imposing civil penalties pursuant to
this Section shall prescribe the time for payment of such
penalties. If any such penalty is not paid within the time
prescribed, interest on such penalty at the rate set forth in
subsection (a) of Section 1003 of the Illinois Income Tax Act,
shall be paid for the period from the date payment is due until
the date payment is received. However, if the time for payment
is stayed during the pendency of an appeal, interest shall not
accrue during such stay.
(h) In determining the appropriate civil penalty to be
imposed under subdivisions (a), (b)(1), (b)(2), (b)(3),
(b)(5), (b)(6), or (b)(7) of this Section, the Board is

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authorized to consider any matters of record in mitigation or
aggravation of penalty, including, but not limited to, the
following factors:
(1) the duration and gravity of the violation;
(2) the presence or absence of due diligence on the
part of the respondent in attempting to comply with
requirements of this Act and regulations thereunder or to
secure relief therefrom as provided by this Act;
(3) any economic benefits accrued by the respondent
because of delay in compliance with requirements, in which
case the economic benefits shall be determined by the
lowest cost alternative for achieving compliance;
(4) the amount of monetary penalty which will serve to
deter further violations by the respondent and to
otherwise aid in enhancing voluntary compliance with this
Act by the respondent and other persons similarly subject
to the Act;
(5) the number, proximity in time, and gravity of
previously adjudicated violations of this Act by the
respondent;
(6) whether the respondent voluntarily self-disclosed,
in accordance with subsection (i) of this Section, the
non-compliance to the Agency;
(7) whether the respondent has agreed to undertake a
"supplemental environmental project", which means an
environmentally beneficial project that a respondent

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agrees to undertake in settlement of an enforcement action
brought under this Act, but which the respondent is not
otherwise legally required to perform; and
(8) whether the respondent has successfully completed
a Compliance Commitment Agreement under subsection (a) of
Section 31 of this Act to remedy the violations that are
the subject of the complaint.
In determining the appropriate civil penalty to be imposed
under subsection (a) or paragraph (1), (2), (3), (5), (6), or
(7) of subsection (b) of this Section, the Board shall ensure,
in all cases, that the penalty is at least as great as the
economic benefits, if any, accrued by the respondent as a
result of the violation, unless the Board finds that
imposition of such penalty would result in an arbitrary or
unreasonable financial hardship. However, such civil penalty
may be off-set in whole or in part pursuant to a supplemental
environmental project agreed to by the complainant and the
respondent.
(i) A person who voluntarily self-discloses non-compliance
to the Agency, of which the Agency had been unaware, is
entitled to a 100% reduction in the portion of the penalty that
is not based on the economic benefit of non-compliance if the
person can establish the following:
(1) that either the regulated entity is a small entity
or the non-compliance was discovered through an
environmental audit or a compliance management system

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documented by the regulated entity as reflecting the
regulated entity's due diligence in preventing, detecting,
and correcting violations;
(2) that the non-compliance was disclosed in writing
within 30 days of the date on which the person discovered
it;
(3) that the non-compliance was discovered and
disclosed prior to:
(i) the commencement of an Agency inspection,
investigation, or request for information;
(ii) notice of a citizen suit;
(iii) the filing of a complaint by a citizen, the
Illinois Attorney General, or the State's Attorney of
the county in which the violation occurred;
(iv) the reporting of the non-compliance by an
employee of the person without that person's
knowledge; or
(v) imminent discovery of the non-compliance by
the Agency;
(4) that the non-compliance is being corrected and any
environmental harm is being remediated in a timely
fashion;
(5) that the person agrees to prevent a recurrence of
the non-compliance;
(6) that no related non-compliance events have
occurred in the past 3 years at the same facility or in the

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past 5 years as part of a pattern at multiple facilities
owned or operated by the person;
(7) that the non-compliance did not result in serious
actual harm or present an imminent and substantial
endangerment to human health or the environment or violate
the specific terms of any judicial or administrative order
or consent agreement;
(8) that the person cooperates as reasonably requested
by the Agency after the disclosure; and
(9) that the non-compliance was identified voluntarily
and not through a monitoring, sampling, or auditing
procedure that is required by statute, rule, permit,
judicial or administrative order, or consent agreement.
If a person can establish all of the elements under this
subsection except the element set forth in paragraph (1) of
this subsection, the person is entitled to a 75% reduction in
the portion of the penalty that is not based upon the economic
benefit of non-compliance.
For the purposes of this subsection (i), "small entity"
has the same meaning as in Section 221 of the federal Small
Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
601).
(j) In addition to any other remedy or penalty that may
apply, whether civil or criminal, any person who violates
Section 22.52 of this Act shall be liable for an additional
civil penalty of up to 3 times the gross amount of any

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pecuniary gain resulting from the violation.
(k) In addition to any other remedy or penalty that may
apply, whether civil or criminal, any person who violates
subdivision (a)(7.6) of Section 31 of this Act shall be liable
for an additional civil penalty of $2,000.
(Source: P.A. 99-934, eff. 1-27-17; 100-436, eff. 8-25-17;
100-863, eff. 8-14-18.)
(415 ILCS 5/22.38a rep.)
Section 10. The Environmental Protection Act is amended by
repealing Section 22.38a.