Illinois 2023-2024 Regular Session

Illinois House Bill HB3095 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0333
2	1		HB3095 EnrolledLRB103 29060 CPF 55446 b HB3095 Enrolled LRB103 29060 CPF 55446 b
3	2		HB3095 Enrolled LRB103 29060 CPF 55446 b
4		-	AN ACT concerning safety.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Environmental Protection Act is amended by
8		-	changing Section 3.330 and by adding Section 22.63 as follows:
9		-	(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
10		-	Sec. 3.330. Pollution control facility.
11		-	(a) "Pollution control facility" is any waste storage
12		-	site, sanitary landfill, waste disposal site, waste transfer
13		-	station, waste treatment facility, or waste incinerator. This
14		-	includes sewers, sewage treatment plants, and any other
15		-	facilities owned or operated by sanitary districts organized
16		-	under the Metropolitan Water Reclamation District Act.
17		-	The following are not pollution control facilities:
18		-	(1) (blank);
19		-	(2) waste storage sites regulated under 40 CFR 761.42;
20		-	(3) sites or facilities used by any person conducting
21		-	a waste storage, waste treatment, waste disposal, waste
22		-	transfer or waste incineration operation, or a combination
23		-	thereof, for wastes generated by such person's own
24		-	activities, when such wastes are stored, treated, disposed
25		-	of, transferred or incinerated within the site or facility
26		-	owned, controlled or operated by such person, or when such
	3	+	1 AN ACT concerning safety.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Environmental Protection Act is amended by
	7	+	5 changing Section 3.330 and by adding Section 22.63 as follows:
	8	+	6 (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
	9	+	7 Sec. 3.330. Pollution control facility.
	10	+	8 (a) "Pollution control facility" is any waste storage
	11	+	9 site, sanitary landfill, waste disposal site, waste transfer
	12	+	10 station, waste treatment facility, or waste incinerator. This
	13	+	11 includes sewers, sewage treatment plants, and any other
	14	+	12 facilities owned or operated by sanitary districts organized
	15	+	13 under the Metropolitan Water Reclamation District Act.
	16	+	14 The following are not pollution control facilities:
	17	+	15 (1) (blank);
	18	+	16 (2) waste storage sites regulated under 40 CFR 761.42;
	19	+	17 (3) sites or facilities used by any person conducting
	20	+	18 a waste storage, waste treatment, waste disposal, waste
	21	+	19 transfer or waste incineration operation, or a combination
	22	+	20 thereof, for wastes generated by such person's own
	23	+	21 activities, when such wastes are stored, treated, disposed
	24	+	22 of, transferred or incinerated within the site or facility
	25	+	23 owned, controlled or operated by such person, or when such
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33		-	wastes are transported within or between sites or
34		-	facilities owned, controlled or operated by such person;
35		-	(4) sites or facilities at which the State is
36		-	performing removal or remedial action pursuant to Section
37		-	22.2 or 55.3;
38		-	(5) abandoned quarries used solely for the disposal of
39		-	concrete, earth materials, gravel, or aggregate debris
40		-	resulting from road construction activities conducted by a
41		-	unit of government or construction activities due to the
42		-	construction and installation of underground pipes, lines,
43		-	conduit or wires off of the premises of a public utility
44		-	company which are conducted by a public utility;
45		-	(6) sites or facilities used by any person to
46		-	specifically conduct a landscape composting operation;
47		-	(7) regional facilities as defined in the Central
48		-	Midwest Interstate Low-Level Radioactive Waste Compact;
49		-	(8) the portion of a site or facility where coal
50		-	combustion wastes are stored or disposed of in accordance
51		-	with subdivision (r)(2) or (r)(3) of Section 21;
52		-	(9) the portion of a site or facility used for the
53		-	collection, storage or processing of waste tires as
54		-	defined in Title XIV;
55		-	(10) the portion of a site or facility used for
56		-	treatment of petroleum contaminated materials by
57		-	application onto or incorporation into the soil surface
58		-	and any portion of that site or facility used for storage
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	33	+	HB3095 Enrolled - 2 - LRB103 29060 CPF 55446 b
	34	+	1 wastes are transported within or between sites or
	35	+	2 facilities owned, controlled or operated by such person;
	36	+	3 (4) sites or facilities at which the State is
	37	+	4 performing removal or remedial action pursuant to Section
	38	+	5 22.2 or 55.3;
	39	+	6 (5) abandoned quarries used solely for the disposal of
	40	+	7 concrete, earth materials, gravel, or aggregate debris
	41	+	8 resulting from road construction activities conducted by a
	42	+	9 unit of government or construction activities due to the
	43	+	10 construction and installation of underground pipes, lines,
	44	+	11 conduit or wires off of the premises of a public utility
	45	+	12 company which are conducted by a public utility;
	46	+	13 (6) sites or facilities used by any person to
	47	+	14 specifically conduct a landscape composting operation;
	48	+	15 (7) regional facilities as defined in the Central
	49	+	16 Midwest Interstate Low-Level Radioactive Waste Compact;
	50	+	17 (8) the portion of a site or facility where coal
	51	+	18 combustion wastes are stored or disposed of in accordance
	52	+	19 with subdivision (r)(2) or (r)(3) of Section 21;
	53	+	20 (9) the portion of a site or facility used for the
	54	+	21 collection, storage or processing of waste tires as
	55	+	22 defined in Title XIV;
	56	+	23 (10) the portion of a site or facility used for
	57	+	24 treatment of petroleum contaminated materials by
	58	+	25 application onto or incorporation into the soil surface
	59	+	26 and any portion of that site or facility used for storage
59	60
60	61
61		-	of petroleum contaminated materials before treatment. Only
62		-	those categories of petroleum listed in Section 57.9(a)(3)
63		-	are exempt under this subdivision (10);
64		-	(11) the portion of a site or facility where used oil
65		-	is collected or stored prior to shipment to a recycling or
66		-	energy recovery facility, provided that the used oil is
67		-	generated by households or commercial establishments, and
68		-	the site or facility is a recycling center or a business
69		-	where oil or gasoline is sold at retail;
70		-	(11.5) processing sites or facilities that receive
71		-	only on-specification used oil, as defined in 35 Ill. Adm.
72		-	Code 739, originating from used oil collectors for
73		-	processing that is managed under 35 Ill. Adm. Code 739 to
74		-	produce products for sale to off-site petroleum
75		-	facilities, if these processing sites or facilities are:
76		-	(i) located within a home rule unit of local government
77		-	with a population of at least 30,000 according to the 2000
78		-	federal census, that home rule unit of local government
79		-	has been designated as an Urban Round II Empowerment Zone
80		-	by the United States Department of Housing and Urban
81		-	Development, and that home rule unit of local government
82		-	has enacted an ordinance approving the location of the
83		-	site or facility and provided funding for the site or
84		-	facility; and (ii) in compliance with all applicable
85		-	zoning requirements;
86		-	(12) the portion of a site or facility utilizing coal
87	62
88	63
89		-	combustion waste for stabilization and treatment of only
90		-	waste generated on that site or facility when used in
91		-	connection with response actions pursuant to the federal
92		-	Comprehensive Environmental Response, Compensation, and
93		-	Liability Act of 1980, the federal Resource Conservation
94		-	and Recovery Act of 1976, or the Illinois Environmental
95		-	Protection Act or as authorized by the Agency;
96		-	(13) the portion of a site or facility regulated under
97		-	Section 22.38 of this Act;
98		-	(14) the portion of a site or facility, located within
99		-	a unit of local government that has enacted local zoning
100		-	requirements, used to accept, separate, and process
101		-	uncontaminated broken concrete, with or without protruding
102		-	metal bars, provided that the uncontaminated broken
103		-	concrete and metal bars are not speculatively accumulated,
104		-	are at the site or facility no longer than one year after
105		-	their acceptance, and are returned to the economic
106		-	mainstream in the form of raw materials or products;
107		-	(15) the portion of a site or facility located in a
108		-	county with a population over 3,000,000 that has obtained
109		-	local siting approval under Section 39.2 of this Act for a
110		-	municipal waste incinerator on or before July 1, 2005 and
111		-	that is used for a non-hazardous waste transfer station;
112		-	(16) a site or facility that temporarily holds in
113		-	transit for 10 days or less, non-putrescible solid waste
114		-	in original containers, no larger in capacity than 500
	64	+
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116	67
117		-	gallons, provided that such waste is further transferred
118		-	to a recycling, disposal, treatment, or storage facility
119		-	on a non-contiguous site and provided such site or
120		-	facility complies with the applicable 10-day transfer
121		-	requirements of the federal Resource Conservation and
122		-	Recovery Act of 1976 and United States Department of
123		-	Transportation hazardous material requirements. For
124		-	purposes of this Section only, "non-putrescible solid
125		-	waste" means waste other than municipal garbage that does
126		-	not rot or become putrid, including, but not limited to,
127		-	paints, solvent, filters, and absorbents;
128		-	(17) the portion of a site or facility located in a
129		-	county with a population greater than 3,000,000 that has
130		-	obtained local siting approval, under Section 39.2 of this
131		-	Act, for a municipal waste incinerator on or before July
132		-	1, 2005 and that is used for wood combustion facilities
133		-	for energy recovery that accept and burn only wood
134		-	material, as included in a fuel specification approved by
135		-	the Agency;
136		-	(18) a transfer station used exclusively for landscape
137		-	waste, including a transfer station where landscape waste
138		-	is ground to reduce its volume, where the landscape waste
139		-	is held no longer than 24 hours from the time it was
140		-	received;
141		-	(19) the portion of a site or facility that (i) is used
142		-	for the composting of food scrap, livestock waste, crop
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	70	+	1 of petroleum contaminated materials before treatment. Only
	71	+	2 those categories of petroleum listed in Section 57.9(a)(3)
	72	+	3 are exempt under this subdivision (10);
	73	+	4 (11) the portion of a site or facility where used oil
	74	+	5 is collected or stored prior to shipment to a recycling or
	75	+	6 energy recovery facility, provided that the used oil is
	76	+	7 generated by households or commercial establishments, and
	77	+	8 the site or facility is a recycling center or a business
	78	+	9 where oil or gasoline is sold at retail;
	79	+	10 (11.5) processing sites or facilities that receive
	80	+	11 only on-specification used oil, as defined in 35 Ill. Adm.
	81	+	12 Code 739, originating from used oil collectors for
	82	+	13 processing that is managed under 35 Ill. Adm. Code 739 to
	83	+	14 produce products for sale to off-site petroleum
	84	+	15 facilities, if these processing sites or facilities are:
	85	+	16 (i) located within a home rule unit of local government
	86	+	17 with a population of at least 30,000 according to the 2000
	87	+	18 federal census, that home rule unit of local government
	88	+	19 has been designated as an Urban Round II Empowerment Zone
	89	+	20 by the United States Department of Housing and Urban
	90	+	21 Development, and that home rule unit of local government
	91	+	22 has enacted an ordinance approving the location of the
	92	+	23 site or facility and provided funding for the site or
	93	+	24 facility; and (ii) in compliance with all applicable
	94	+	25 zoning requirements;
	95	+	26 (12) the portion of a site or facility utilizing coal
143	96
144	97
145		-	residue, uncontaminated wood waste, or paper waste,
146		-	including, but not limited to, corrugated paper or
147		-	cardboard, and (ii) meets all of the following
148		-	requirements:
149		-	(A) There must not be more than a total of 30,000
150		-	cubic yards of livestock waste in raw form or in the
151		-	process of being composted at the site or facility at
152		-	any one time.
153		-	(B) All food scrap, livestock waste, crop residue,
154		-	uncontaminated wood waste, and paper waste must, by
155		-	the end of each operating day, be processed and placed
156		-	into an enclosed vessel in which air flow and
157		-	temperature are controlled, or all of the following
158		-	additional requirements must be met:
159		-	(i) The portion of the site or facility used
160		-	for the composting operation must include a
161		-	setback of at least 200 feet from the nearest
162		-	potable water supply well.
163		-	(ii) The portion of the site or facility used
164		-	for the composting operation must be located
165		-	outside the boundary of the 10-year floodplain or
166		-	floodproofed.
167		-	(iii) Except in municipalities with more than
168		-	1,000,000 inhabitants, the portion of the site or
169		-	facility used for the composting operation must be
170		-	located at least one-eighth of a mile from the
171	98
172	99
173		-	nearest residence, other than a residence located
174		-	on the same property as the site or facility.
175		-	(iv) The portion of the site or facility used
176		-	for the composting operation must be located at
177		-	least one-eighth of a mile from the property line
178		-	of all of the following areas:
179		-	(I) Facilities that primarily serve to
180		-	house or treat people that are
181		-	immunocompromised or immunosuppressed, such as
182		-	cancer or AIDS patients; people with asthma,
183		-	cystic fibrosis, or bioaerosol allergies; or
184		-	children under the age of one year.
185		-	(II) Primary and secondary schools and
186		-	adjacent areas that the schools use for
187		-	recreation.
188		-	(III) Any facility for child care licensed
189		-	under Section 3 of the Child Care Act of 1969;
190		-	preschools; and adjacent areas that the
191		-	facilities or preschools use for recreation.
192		-	(v) By the end of each operating day, all food
193		-	scrap, livestock waste, crop residue,
194		-	uncontaminated wood waste, and paper waste must be
195		-	(i) processed into windrows or other piles and
196		-	(ii) covered in a manner that prevents scavenging
197		-	by birds and animals and that prevents other
198		-	nuisances.
	100	+
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199	102
200	103
201		-	(C) Food scrap, livestock waste, crop residue,
202		-	uncontaminated wood waste, paper waste, and compost
203		-	must not be placed within 5 feet of the water table.
204		-	(D) The site or facility must meet all of the
205		-	requirements of the Wild and Scenic Rivers Act (16
206		-	U.S.C. 1271 et seq.).
207		-	(E) The site or facility must not (i) restrict the
208		-	flow of a 100-year flood, (ii) result in washout of
209		-	food scrap, livestock waste, crop residue,
210		-	uncontaminated wood waste, or paper waste from a
211		-	100-year flood, or (iii) reduce the temporary water
212		-	storage capacity of the 100-year floodplain, unless
213		-	measures are undertaken to provide alternative storage
214		-	capacity, such as by providing lagoons, holding tanks,
215		-	or drainage around structures at the facility.
216		-	(F) The site or facility must not be located in any
217		-	area where it may pose a threat of harm or destruction
218		-	to the features for which:
219		-	(i) an irreplaceable historic or
220		-	archaeological site has been listed under the
221		-	National Historic Preservation Act (16 U.S.C. 470
222		-	et seq.) or the Illinois Historic Preservation
223		-	Act;
224		-	(ii) a natural landmark has been designated by
225		-	the National Park Service or the Illinois State
226		-	Historic Preservation Office; or
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	106	+	1 combustion waste for stabilization and treatment of only
	107	+	2 waste generated on that site or facility when used in
	108	+	3 connection with response actions pursuant to the federal
	109	+	4 Comprehensive Environmental Response, Compensation, and
	110	+	5 Liability Act of 1980, the federal Resource Conservation
	111	+	6 and Recovery Act of 1976, or the Illinois Environmental
	112	+	7 Protection Act or as authorized by the Agency;
	113	+	8 (13) the portion of a site or facility regulated under
	114	+	9 Section 22.38 of this Act;
	115	+	10 (14) the portion of a site or facility, located within
	116	+	11 a unit of local government that has enacted local zoning
	117	+	12 requirements, used to accept, separate, and process
	118	+	13 uncontaminated broken concrete, with or without protruding
	119	+	14 metal bars, provided that the uncontaminated broken
	120	+	15 concrete and metal bars are not speculatively accumulated,
	121	+	16 are at the site or facility no longer than one year after
	122	+	17 their acceptance, and are returned to the economic
	123	+	18 mainstream in the form of raw materials or products;
	124	+	19 (15) the portion of a site or facility located in a
	125	+	20 county with a population over 3,000,000 that has obtained
	126	+	21 local siting approval under Section 39.2 of this Act for a
	127	+	22 municipal waste incinerator on or before July 1, 2005 and
	128	+	23 that is used for a non-hazardous waste transfer station;
	129	+	24 (16) a site or facility that temporarily holds in
	130	+	25 transit for 10 days or less, non-putrescible solid waste
	131	+	26 in original containers, no larger in capacity than 500
227	132
228	133
229		-	(iii) a natural area has been designated as a
230		-	Dedicated Illinois Nature Preserve under the
231		-	Illinois Natural Areas Preservation Act.
232		-	(G) The site or facility must not be located in an
233		-	area where it may jeopardize the continued existence
234		-	of any designated endangered species, result in the
235		-	destruction or adverse modification of the critical
236		-	habitat for such species, or cause or contribute to
237		-	the taking of any endangered or threatened species of
238		-	plant, fish, or wildlife listed under the Endangered
239		-	Species Act (16 U.S.C. 1531 et seq.) or the Illinois
240		-	Endangered Species Protection Act;
241		-	(20) the portion of a site or facility that is located
242		-	entirely within a home rule unit having a population of no
243		-	less than 120,000 and no more than 135,000, according to
244		-	the 2000 federal census, and that meets all of the
245		-	following requirements:
246		-	(i) the portion of the site or facility is used
247		-	exclusively to perform testing of a thermochemical
248		-	conversion technology using only woody biomass,
249		-	collected as landscape waste within the boundaries of
250		-	the home rule unit, as the hydrocarbon feedstock for
251		-	the production of synthetic gas in accordance with
252		-	Section 39.9 of this Act;
253		-	(ii) the portion of the site or facility is in
254		-	compliance with all applicable zoning requirements;
255	134
256	135
257		-	and
258		-	(iii) a complete application for a demonstration
259		-	permit at the portion of the site or facility has been
260		-	submitted to the Agency in accordance with Section
261		-	39.9 of this Act within one year after July 27, 2010
262		-	(the effective date of Public Act 96-1314);
263		-	(21) the portion of a site or facility used to perform
264		-	limited testing of a gasification conversion technology in
265		-	accordance with Section 39.8 of this Act and for which a
266		-	complete permit application has been submitted to the
267		-	Agency prior to one year from April 9, 2010 (the effective
268		-	date of Public Act 96-887);
269		-	(22) the portion of a site or facility that is used to
270		-	incinerate only pharmaceuticals from residential sources
271		-	that are collected and transported by law enforcement
272		-	agencies under Section 17.9A of this Act;
273		-	(23) the portion of a site or facility:
274		-	(A) that is used exclusively for the transfer of
275		-	commingled landscape waste and food scrap held at the
276		-	site or facility for no longer than 24 hours after
277		-	their receipt;
278		-	(B) that is located entirely within a home rule
279		-	unit having a population of (i) not less than 100,000
280		-	and not more than 115,000 according to the 2010
281		-	federal census, (ii) not less than 5,000 and not more
282		-	than 10,000 according to the 2010 federal census, or
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284	139
285		-	(iii) not less than 25,000 and not more than 30,000
286		-	according to the 2010 federal census or that is
287		-	located in the unincorporated area of a county having
288		-	a population of not less than 700,000 and not more than
289		-	705,000 according to the 2010 federal census;
290		-	(C) that is permitted, by the Agency, prior to
291		-	January 1, 2002, for the transfer of landscape waste
292		-	if located in a home rule unit or that is permitted
293		-	prior to January 1, 2008 if located in an
294		-	unincorporated area of a county; and
295		-	(D) for which a permit application is submitted to
296		-	the Agency to modify an existing permit for the
297		-	transfer of landscape waste to also include, on a
298		-	demonstration basis not to exceed 24 months each time
299		-	a permit is issued, the transfer of commingled
300		-	landscape waste and food scrap or for which a permit
301		-	application is submitted to the Agency within 6 months
302		-	of August 11, 2017 (the effective date of Public Act
303		-	100-94);
304		-	(24) the portion of a municipal solid waste landfill
305		-	unit:
306		-	(A) that is located in a county having a
307		-	population of not less than 55,000 and not more than
308		-	60,000 according to the 2010 federal census;
309		-	(B) that is owned by that county;
310		-	(C) that is permitted, by the Agency, prior to
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	142	+	1 gallons, provided that such waste is further transferred
	143	+	2 to a recycling, disposal, treatment, or storage facility
	144	+	3 on a non-contiguous site and provided such site or
	145	+	4 facility complies with the applicable 10-day transfer
	146	+	5 requirements of the federal Resource Conservation and
	147	+	6 Recovery Act of 1976 and United States Department of
	148	+	7 Transportation hazardous material requirements. For
	149	+	8 purposes of this Section only, "non-putrescible solid
	150	+	9 waste" means waste other than municipal garbage that does
	151	+	10 not rot or become putrid, including, but not limited to,
	152	+	11 paints, solvent, filters, and absorbents;
	153	+	12 (17) the portion of a site or facility located in a
	154	+	13 county with a population greater than 3,000,000 that has
	155	+	14 obtained local siting approval, under Section 39.2 of this
	156	+	15 Act, for a municipal waste incinerator on or before July
	157	+	16 1, 2005 and that is used for wood combustion facilities
	158	+	17 for energy recovery that accept and burn only wood
	159	+	18 material, as included in a fuel specification approved by
	160	+	19 the Agency;
	161	+	20 (18) a transfer station used exclusively for landscape
	162	+	21 waste, including a transfer station where landscape waste
	163	+	22 is ground to reduce its volume, where the landscape waste
	164	+	23 is held no longer than 24 hours from the time it was
	165	+	24 received;
	166	+	25 (19) the portion of a site or facility that (i) is used
	167	+	26 for the composting of food scrap, livestock waste, crop
311	168
312	169
313		-	July 10, 2015 (the effective date of Public Act
314		-	99-12); and
315		-	(D) for which a permit application is submitted to
316		-	the Agency within 6 months after July 10, 2015 (the
317		-	effective date of Public Act 99-12) for the disposal
318		-	of non-hazardous special waste; and
319		-	(25) the portion of a site or facility used during a
320		-	mass animal mortality event, as defined in the Animal
321		-	Mortality Act, where such waste is collected, stored,
322		-	processed, disposed, or incinerated under a mass animal
323		-	mortality event plan issued by the Department of
324		-	Agriculture; and .
325		-	(26) the portion of a mine used for the placement of
326		-	limestone residual materials generated from the treatment
327		-	of drinking water by a municipal utility in accordance
328		-	with rules adopted under Section 22.63.
329		-	(b) A new pollution control facility is:
330		-	(1) a pollution control facility initially permitted
331		-	for development or construction after July 1, 1981; or
332		-	(2) the area of expansion beyond the boundary of a
333		-	currently permitted pollution control facility; or
334		-	(3) a permitted pollution control facility requesting
335		-	approval to store, dispose of, transfer or incinerate, for
336		-	the first time, any special or hazardous waste.
337		-	(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
338		-	102-813, eff. 5-13-22.)
339	170
340	171
341		-	(415 ILCS 5/22.63 new)
342		-	Sec. 22.63. Rules for placement of limestone residual
343		-	materials. The Board shall adopt rules for the placement of
344		-	limestone residual materials generated from the treatment of
345		-	drinking water by a municipal utility in an underground
346		-	limestone mine located in whole or in part within the
347		-	municipality that operates the municipal utility. The rules
348		-	shall be consistent with the Board's Underground Injection
349		-	Control regulations for Class V wells, provided that the rules
350		-	shall allow for the limestone residual materials to be
351		-	delivered to and placed in the mine by means other than an
352		-	injection well. Rules adopted pursuant to this Section shall
353		-	be adopted in accordance with the provisions and requirements
354		-	of Title VII of this Act and the procedures for rulemaking in
355		-	Section 5-35 of the Illinois Administrative Procedure Act,
356		-	provided that a municipality proposing rules pursuant to this
357		-	Section is not required to include in its proposal a petition
358		-	signed by at least 200 persons as required under subsection
359		-	(a) of Section 28. Rules adopted pursuant to this Section
360		-	shall not be considered a part of the State Underground
361		-	Injection Control program established under this Act.
362		-	As used in this Section, "limestone residual material"
363		-	means limestone residual generated from the treatment of
364		-	drinking water at a publicly-owned drinking water treatment
365		-	plant.
	172	+
	173	+	HB3095 Enrolled - 5 - LRB103 29060 CPF 55446 b
	174	+
	175	+
	176	+	HB3095 Enrolled- 6 -LRB103 29060 CPF 55446 b HB3095 Enrolled - 6 - LRB103 29060 CPF 55446 b
	177	+	HB3095 Enrolled - 6 - LRB103 29060 CPF 55446 b
	178	+	1 residue, uncontaminated wood waste, or paper waste,
	179	+	2 including, but not limited to, corrugated paper or
	180	+	3 cardboard, and (ii) meets all of the following
	181	+	4 requirements:
	182	+	5 (A) There must not be more than a total of 30,000
	183	+	6 cubic yards of livestock waste in raw form or in the
	184	+	7 process of being composted at the site or facility at
	185	+	8 any one time.
	186	+	9 (B) All food scrap, livestock waste, crop residue,
	187	+	10 uncontaminated wood waste, and paper waste must, by
	188	+	11 the end of each operating day, be processed and placed
	189	+	12 into an enclosed vessel in which air flow and
	190	+	13 temperature are controlled, or all of the following
	191	+	14 additional requirements must be met:
	192	+	15 (i) The portion of the site or facility used
	193	+	16 for the composting operation must include a
	194	+	17 setback of at least 200 feet from the nearest
	195	+	18 potable water supply well.
	196	+	19 (ii) The portion of the site or facility used
	197	+	20 for the composting operation must be located
	198	+	21 outside the boundary of the 10-year floodplain or
	199	+	22 floodproofed.
	200	+	23 (iii) Except in municipalities with more than
	201	+	24 1,000,000 inhabitants, the portion of the site or
	202	+	25 facility used for the composting operation must be
	203	+	26 located at least one-eighth of a mile from the
	204	+
	205	+
	206	+
	207	+
	208	+
	209	+	HB3095 Enrolled - 6 - LRB103 29060 CPF 55446 b
	210	+
	211	+
	212	+	HB3095 Enrolled- 7 -LRB103 29060 CPF 55446 b HB3095 Enrolled - 7 - LRB103 29060 CPF 55446 b
	213	+	HB3095 Enrolled - 7 - LRB103 29060 CPF 55446 b
	214	+	1 nearest residence, other than a residence located
	215	+	2 on the same property as the site or facility.
	216	+	3 (iv) The portion of the site or facility used
	217	+	4 for the composting operation must be located at
	218	+	5 least one-eighth of a mile from the property line
	219	+	6 of all of the following areas:
	220	+	7 (I) Facilities that primarily serve to
	221	+	8 house or treat people that are
	222	+	9 immunocompromised or immunosuppressed, such as
	223	+	10 cancer or AIDS patients; people with asthma,
	224	+	11 cystic fibrosis, or bioaerosol allergies; or
	225	+	12 children under the age of one year.
	226	+	13 (II) Primary and secondary schools and
	227	+	14 adjacent areas that the schools use for
	228	+	15 recreation.
	229	+	16 (III) Any facility for child care licensed
	230	+	17 under Section 3 of the Child Care Act of 1969;
	231	+	18 preschools; and adjacent areas that the
	232	+	19 facilities or preschools use for recreation.
	233	+	20 (v) By the end of each operating day, all food
	234	+	21 scrap, livestock waste, crop residue,
	235	+	22 uncontaminated wood waste, and paper waste must be
	236	+	23 (i) processed into windrows or other piles and
	237	+	24 (ii) covered in a manner that prevents scavenging
	238	+	25 by birds and animals and that prevents other
	239	+	26 nuisances.
	240	+
	241	+
	242	+
	243	+
	244	+
	245	+	HB3095 Enrolled - 7 - LRB103 29060 CPF 55446 b
	246	+
	247	+
	248	+	HB3095 Enrolled- 8 -LRB103 29060 CPF 55446 b HB3095 Enrolled - 8 - LRB103 29060 CPF 55446 b
	249	+	HB3095 Enrolled - 8 - LRB103 29060 CPF 55446 b
	250	+	1 (C) Food scrap, livestock waste, crop residue,
	251	+	2 uncontaminated wood waste, paper waste, and compost
	252	+	3 must not be placed within 5 feet of the water table.
	253	+	4 (D) The site or facility must meet all of the
	254	+	5 requirements of the Wild and Scenic Rivers Act (16
	255	+	6 U.S.C. 1271 et seq.).
	256	+	7 (E) The site or facility must not (i) restrict the
	257	+	8 flow of a 100-year flood, (ii) result in washout of
	258	+	9 food scrap, livestock waste, crop residue,
	259	+	10 uncontaminated wood waste, or paper waste from a
	260	+	11 100-year flood, or (iii) reduce the temporary water
	261	+	12 storage capacity of the 100-year floodplain, unless
	262	+	13 measures are undertaken to provide alternative storage
	263	+	14 capacity, such as by providing lagoons, holding tanks,
	264	+	15 or drainage around structures at the facility.
	265	+	16 (F) The site or facility must not be located in any
	266	+	17 area where it may pose a threat of harm or destruction
	267	+	18 to the features for which:
	268	+	19 (i) an irreplaceable historic or
	269	+	20 archaeological site has been listed under the
	270	+	21 National Historic Preservation Act (16 U.S.C. 470
	271	+	22 et seq.) or the Illinois Historic Preservation
	272	+	23 Act;
	273	+	24 (ii) a natural landmark has been designated by
	274	+	25 the National Park Service or the Illinois State
	275	+	26 Historic Preservation Office; or
	276	+
	277	+
	278	+
	279	+
	280	+
	281	+	HB3095 Enrolled - 8 - LRB103 29060 CPF 55446 b
	282	+
	283	+
	284	+	HB3095 Enrolled- 9 -LRB103 29060 CPF 55446 b HB3095 Enrolled - 9 - LRB103 29060 CPF 55446 b
	285	+	HB3095 Enrolled - 9 - LRB103 29060 CPF 55446 b
	286	+	1 (iii) a natural area has been designated as a
	287	+	2 Dedicated Illinois Nature Preserve under the
	288	+	3 Illinois Natural Areas Preservation Act.
	289	+	4 (G) The site or facility must not be located in an
	290	+	5 area where it may jeopardize the continued existence
	291	+	6 of any designated endangered species, result in the
	292	+	7 destruction or adverse modification of the critical
	293	+	8 habitat for such species, or cause or contribute to
	294	+	9 the taking of any endangered or threatened species of
	295	+	10 plant, fish, or wildlife listed under the Endangered
	296	+	11 Species Act (16 U.S.C. 1531 et seq.) or the Illinois
	297	+	12 Endangered Species Protection Act;
	298	+	13 (20) the portion of a site or facility that is located
	299	+	14 entirely within a home rule unit having a population of no
	300	+	15 less than 120,000 and no more than 135,000, according to
	301	+	16 the 2000 federal census, and that meets all of the
	302	+	17 following requirements:
	303	+	18 (i) the portion of the site or facility is used
	304	+	19 exclusively to perform testing of a thermochemical
	305	+	20 conversion technology using only woody biomass,
	306	+	21 collected as landscape waste within the boundaries of
	307	+	22 the home rule unit, as the hydrocarbon feedstock for
	308	+	23 the production of synthetic gas in accordance with
	309	+	24 Section 39.9 of this Act;
	310	+	25 (ii) the portion of the site or facility is in
	311	+	26 compliance with all applicable zoning requirements;
	312	+
	313	+
	314	+
	315	+
	316	+
	317	+	HB3095 Enrolled - 9 - LRB103 29060 CPF 55446 b
	318	+
	319	+
	320	+	HB3095 Enrolled- 10 -LRB103 29060 CPF 55446 b HB3095 Enrolled - 10 - LRB103 29060 CPF 55446 b
	321	+	HB3095 Enrolled - 10 - LRB103 29060 CPF 55446 b
	322	+	1 and
	323	+	2 (iii) a complete application for a demonstration
	324	+	3 permit at the portion of the site or facility has been
	325	+	4 submitted to the Agency in accordance with Section
	326	+	5 39.9 of this Act within one year after July 27, 2010
	327	+	6 (the effective date of Public Act 96-1314);
	328	+	7 (21) the portion of a site or facility used to perform
	329	+	8 limited testing of a gasification conversion technology in
	330	+	9 accordance with Section 39.8 of this Act and for which a
	331	+	10 complete permit application has been submitted to the
	332	+	11 Agency prior to one year from April 9, 2010 (the effective
	333	+	12 date of Public Act 96-887);
	334	+	13 (22) the portion of a site or facility that is used to
	335	+	14 incinerate only pharmaceuticals from residential sources
	336	+	15 that are collected and transported by law enforcement
	337	+	16 agencies under Section 17.9A of this Act;
	338	+	17 (23) the portion of a site or facility:
	339	+	18 (A) that is used exclusively for the transfer of
	340	+	19 commingled landscape waste and food scrap held at the
	341	+	20 site or facility for no longer than 24 hours after
	342	+	21 their receipt;
	343	+	22 (B) that is located entirely within a home rule
	344	+	23 unit having a population of (i) not less than 100,000
	345	+	24 and not more than 115,000 according to the 2010
	346	+	25 federal census, (ii) not less than 5,000 and not more
	347	+	26 than 10,000 according to the 2010 federal census, or
	348	+
	349	+
	350	+
	351	+
	352	+
	353	+	HB3095 Enrolled - 10 - LRB103 29060 CPF 55446 b
	354	+
	355	+
	356	+	HB3095 Enrolled- 11 -LRB103 29060 CPF 55446 b HB3095 Enrolled - 11 - LRB103 29060 CPF 55446 b
	357	+	HB3095 Enrolled - 11 - LRB103 29060 CPF 55446 b
	358	+	1 (iii) not less than 25,000 and not more than 30,000
	359	+	2 according to the 2010 federal census or that is
	360	+	3 located in the unincorporated area of a county having
	361	+	4 a population of not less than 700,000 and not more than
	362	+	5 705,000 according to the 2010 federal census;
	363	+	6 (C) that is permitted, by the Agency, prior to
	364	+	7 January 1, 2002, for the transfer of landscape waste
	365	+	8 if located in a home rule unit or that is permitted
	366	+	9 prior to January 1, 2008 if located in an
	367	+	10 unincorporated area of a county; and
	368	+	11 (D) for which a permit application is submitted to
	369	+	12 the Agency to modify an existing permit for the
	370	+	13 transfer of landscape waste to also include, on a
	371	+	14 demonstration basis not to exceed 24 months each time
	372	+	15 a permit is issued, the transfer of commingled
	373	+	16 landscape waste and food scrap or for which a permit
	374	+	17 application is submitted to the Agency within 6 months
	375	+	18 of August 11, 2017 (the effective date of Public Act
	376	+	19 100-94);
	377	+	20 (24) the portion of a municipal solid waste landfill
	378	+	21 unit:
	379	+	22 (A) that is located in a county having a
	380	+	23 population of not less than 55,000 and not more than
	381	+	24 60,000 according to the 2010 federal census;
	382	+	25 (B) that is owned by that county;
	383	+	26 (C) that is permitted, by the Agency, prior to
	384	+
	385	+
	386	+
	387	+
	388	+
	389	+	HB3095 Enrolled - 11 - LRB103 29060 CPF 55446 b
	390	+
	391	+
	392	+	HB3095 Enrolled- 12 -LRB103 29060 CPF 55446 b HB3095 Enrolled - 12 - LRB103 29060 CPF 55446 b
	393	+	HB3095 Enrolled - 12 - LRB103 29060 CPF 55446 b
	394	+	1 July 10, 2015 (the effective date of Public Act
	395	+	2 99-12); and
	396	+	3 (D) for which a permit application is submitted to
	397	+	4 the Agency within 6 months after July 10, 2015 (the
	398	+	5 effective date of Public Act 99-12) for the disposal
	399	+	6 of non-hazardous special waste; and
	400	+	7 (25) the portion of a site or facility used during a
	401	+	8 mass animal mortality event, as defined in the Animal
	402	+	9 Mortality Act, where such waste is collected, stored,
	403	+	10 processed, disposed, or incinerated under a mass animal
	404	+	11 mortality event plan issued by the Department of
	405	+	12 Agriculture; and .
	406	+	13 (26) the portion of a mine used for the placement of
	407	+	14 limestone residual materials generated from the treatment
	408	+	15 of drinking water by a municipal utility in accordance
	409	+	16 with rules adopted under Section 22.63.
	410	+	17 (b) A new pollution control facility is:
	411	+	18 (1) a pollution control facility initially permitted
	412	+	19 for development or construction after July 1, 1981; or
	413	+	20 (2) the area of expansion beyond the boundary of a
	414	+	21 currently permitted pollution control facility; or
	415	+	22 (3) a permitted pollution control facility requesting
	416	+	23 approval to store, dispose of, transfer or incinerate, for
	417	+	24 the first time, any special or hazardous waste.
	418	+	25 (Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
	419	+	26 102-813, eff. 5-13-22.)
	420	+
	421	+
	422	+
	423	+
	424	+
	425	+	HB3095 Enrolled - 12 - LRB103 29060 CPF 55446 b
	426	+
	427	+
	428	+	HB3095 Enrolled- 13 -LRB103 29060 CPF 55446 b HB3095 Enrolled - 13 - LRB103 29060 CPF 55446 b
	429	+	HB3095 Enrolled - 13 - LRB103 29060 CPF 55446 b
	430	+	1 (415 ILCS 5/22.63 new)
	431	+	2 Sec. 22.63. Rules for placement of limestone residual
	432	+	3 materials. The Board shall adopt rules for the placement of
	433	+	4 limestone residual materials generated from the treatment of
	434	+	5 drinking water by a municipal utility in an underground
	435	+	6 limestone mine located in whole or in part within the
	436	+	7 municipality that operates the municipal utility. The rules
	437	+	8 shall be consistent with the Board's Underground Injection
	438	+	9 Control regulations for Class V wells, provided that the rules
	439	+	10 shall allow for the limestone residual materials to be
	440	+	11 delivered to and placed in the mine by means other than an
	441	+	12 injection well. Rules adopted pursuant to this Section shall
	442	+	13 be adopted in accordance with the provisions and requirements
	443	+	14 of Title VII of this Act and the procedures for rulemaking in
	444	+	15 Section 5-35 of the Illinois Administrative Procedure Act,
	445	+	16 provided that a municipality proposing rules pursuant to this
	446	+	17 Section is not required to include in its proposal a petition
	447	+	18 signed by at least 200 persons as required under subsection
	448	+	19 (a) of Section 28. Rules adopted pursuant to this Section
	449	+	20 shall not be considered a part of the State Underground
	450	+	21 Injection Control program established under this Act.
	451	+	22 As used in this Section, "limestone residual material"
	452	+	23 means limestone residual generated from the treatment of
	453	+	24 drinking water at a publicly-owned drinking water treatment
	454	+	25 plant.
	455	+
	456	+
	457	+
	458	+
	459	+
	460	+	HB3095 Enrolled - 13 - LRB103 29060 CPF 55446 b