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SB268 Engrossed LRB093 02548 LRD 02558 b AN ACT in relation to environmental matters.
SB268 Enrolled LRB093 02548 LRD 02558 b AN ACT in relation to environmental matters.
The Environmental Protection Act is amended by changing Sections 3.160 and 22.1 as follows:
The Environmental Protection Act is amended by changing Sections 3.160 and 21 as follows:
Clean construction or demolition debris does not include SB268 Engrossed -2- LRB093 02548 LRD 02558 b 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.
Clean construction or demolition debris does not include SB268 Enrolled -2- LRB093 02548 LRD 02558 b 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.
SB268 Engrossed -3- LRB093 02548 LRD 02558 b (Source:
SB268 Enrolled -3- LRB093 02548 LRD 02558 b (Source:
or SB268 Engrossed -4- LRB093 02548 LRD 02558 b (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;
or SB268 Enrolled -4- LRB093 02548 LRD 02558 b (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;
SB268 Engrossed -5- LRB093 02548 LRD 02558 b (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;
SB268 Enrolled -5- LRB093 02548 LRD 02558 b (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;
(h) Conduct any hazardous waste-recycling or hazardous waste-reclamation or hazardous waste-reuse operation in violation of any regulations, standards or permit SB268 Engrossed -6- LRB093 02548 LRD 02558 b requirements 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 SB268 Enrolled -6- LRB093 02548 LRD 02558 b requirements adopted by the Board under this Act.
or (2) within 1000 feet SB268 Engrossed -7- LRB093 02548 LRD 02558 b 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.
or (2) within 1000 feet SB268 Enrolled -7- LRB093 02548 LRD 02558 b 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.
(9) deposition of refuse in any unpermitted portion SB268 Engrossed -8- LRB093 02548 LRD 02558 b of the landfill;
(9) deposition of refuse in any unpermitted portion SB268 Enrolled -8- LRB093 02548 LRD 02558 b of the landfill;
The prohibitions specified in this subsection (p) shall SB268 Engrossed -9- LRB093 02548 LRD 02558 b be enforceable by the Agency either by administrative citation under Section 31.1 of this Act or as otherwise provided by this Act.
The prohibitions specified in this subsection (p) shall SB268 Enrolled -9- LRB093 02548 LRD 02558 b be enforceable by the Agency either by administrative citation under Section 31.1 of this Act or as otherwise provided by this Act.
(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 SB268 Engrossed -10- LRB093 02548 LRD 02558 b or controlled by any such waste hauler or generator;
(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 SB268 Enrolled -10- LRB093 02548 LRD 02558 b or controlled by any such waste hauler or generator;
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 Agency may allow a higher rate for individual sites where the owner or operator has SB268 Engrossed -11- LRB093 02548 LRD 02558 b demonstrated to the Agency that the site's soil characteristics or crop needs require a higher rate.
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 Agency may allow a higher rate for individual sites where the owner or operator has SB268 Enrolled -11- LRB093 02548 LRD 02558 b demonstrated to the Agency that the site's soil characteristics or crop needs require a higher rate.
(1) the disposal area will be covered in a manner that will support continuous vegetation, (2) the facility will SB268 Engrossed -12- LRB093 02548 LRD 02558 b 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 protect surface water and groundwater from contamination at levels prohibited by this Act, the Illinois Groundwater Protection Act, or regulations adopted pursuant thereto.
(1) the disposal area will be covered in a manner that will support continuous vegetation, (2) the facility will SB268 Enrolled -12- LRB093 02548 LRD 02558 b 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 protect surface water and groundwater from contamination at levels prohibited by this Act, the Illinois Groundwater Protection Act, or regulations adopted pursuant thereto.
In addition, vegetable by-products may be SB268 Engrossed -13- LRB093 02548 LRD 02558 b transported in this State without a special waste hauling permit, and without the preparation and carrying of a manifest.
In addition, vegetable by-products may be SB268 Enrolled -13- LRB093 02548 LRD 02558 b transported in this State without a special waste hauling permit, and without the preparation and carrying of a manifest.
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 SB268 Engrossed -14- LRB093 02548 LRD 02558 b 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 clean construction or demolition debris when (i) used as fill material below grade outside of a setback zone if covered by sufficient SB268 Enrolled -14- LRB093 02548 LRD 02558 b 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.
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