Illinois 94th Regular Session Status: Enacted

SB 67 — POLLUTION CONTROL FACILITIES

Last action — Public Act . . . . . . . . . 94-0725

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    Enacted

This bill has been enacted into law. Introduced January 26, 2005. Enacted.

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    0 primary, 2 co-sponsors signed on.

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    Passed 3 recorded votes so far.

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Summary

Amends the Environmental Protection Act. In the definitions, provides that a facility accepting exclusively general construction or demolition debris and that as of January 1, 2000 is located in a county with a population of 700,000 or more persons is not a pollution control facility under the Act (now, the definition does not have the January 1, 2000 restriction). Makes a similar change regarding waste-storage, waste-treatment, or waste-disposal permits to provide that no permit shall be required for a facility in a county with a population over 700,000 as of January 1, 2000 (now, the January 1, 2000 date is not specified). Effective immediately.

Bill Text

What changed in the latest version

680 added · 470 removed

Plain-language change summary

The recent amendments to SB 67 introduce new requirements for clean construction or demolition debris fill operations, specifically mandating that operators must apply for interim authorizations before using debris as fill material in quarries or mines. This change ensures proper oversight by requiring detailed information about the debris and site operations to be submitted to the regulatory agency. This is significant because it aims to better regulate the use of construction debris, potentially reducing environmental risks associated with improper disposal. However, certain definitions and exemptions related to pollution control facilities were also removed, streamlining the criteria for what constitutes a pollution control facility.

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SB0067 Engrossed LRB094 06428 RSP 36516 b AN ACT concerning pollution control.
SB0067 Enrolled LRB094 06428 RSP 36516 b AN ACT concerning pollution control.
The Environmental Protection Act is amended by changing Sections 3.330 and 21 as follows:
The Environmental Protection Act is amended by changing Sections 22.51 and 39 as follows:
(415 ILCS 5/3.330) (was 415 ILCS 5/3.32) Sec.
(415 ILCS 5/22.51) Sec.
3.330.
22.51.
Pollution control facility.
Clean Construction or Demolition Debris Fill Operations.
(a) "Pollution control facility" is any waste storage site, sanitary landfill, waste disposal site, waste transfer station, waste treatment facility, or waste incinerator.
(a) No person shall conduct any clean construction or demolition debris fill operation in violation of this Act or any regulations or standards adopted by the Board.
This includes sewers, sewage treatment plants, and any other facilities owned or operated by sanitary districts organized under the Metropolitan Water Reclamation District Act.
(b)(1)(A) Beginning 30 days after the effective date of this amendatory Act of the 94th General Assembly but prior to July 1, 2008, no person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation, unless they have applied for an interim authorization from the Agency for the clean construction or demolition debris fill operation.
The following are not pollution control facilities:
(B) The Agency shall approve an interim authorization upon its receipt of a written application for the interim authorization that is signed by the site owner and the site operator, or their duly authorized agent, and that contains the following information:
(1) (Blank);
(i) the location of the site where the clean construction or demolition debris fill operation is taking place, (ii) the name and address of the site owner, (iii) the name and address of the site operator, and (iv) the types and amounts of clean construction or demolition debris being used as fill material at the site.
(2) waste storage sites regulated under 40 CFR, Part 761.42;
(C) The Agency may deny an interim authorization if the site owner or the site operator, or their duly authorized agent, fails to provide to the Agency the information listed in subsection (b)(1)(B) of this Section.
(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;
Any denial of an interim SB0067 Enrolled - 2 - LRB094 06428 RSP 36516 b authorization shall be subject to appeal to the Board in accordance with the procedures of Section 40 of this Act.
(4) sites or facilities at which the State is performing removal or remedial action pursuant to Section 22.2 or 55.3;
(D) No person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation for which the Agency has denied interim authorization under subsection (b)(1)(C) of this Section.
(5) abandoned quarries used solely for the disposal of concrete, earth materials, gravel, or aggregate debris resulting from road construction activities conducted by a SB0067 Engrossed - 2 - LRB094 06428 RSP 36516 b 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;
The Board may stay the prohibition of this subsection (D) during the pendency of an appeal of the Agency’s denial of the interim authorization brought under subsection (b)(1)(C) of this Section.
(6) sites or facilities used by any person to specifically conduct a landscape composting operation;
(2) Beginning September 1, 2006, owners and operators of clean construction or demolition debris fill operations shall, in accordance with a schedule prescribed by the Agency, submit to the Agency applications for the permits required under this Section.
(7) regional facilities as defined in the Central Midwest Interstate Low-Level Radioactive Waste Compact;
The Agency shall notify owners and operators in writing of the due date for their permit application.
(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;
The due date shall be no less than 90 days after the date of the Agency’s written notification.
(9) the portion of a site or facility used for the collection, storage or processing of waste tires as defined in Title XIV;
Owners and operators who do not receive a written notification from the Agency by October 1, 2007, shall submit a permit application to the Agency by January 1, 2008.
(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.
The interim authorization of owners and operators who fail to submit a permit application to the Agency by the permit application’s due date shall terminate on (i) the due date established by the Agency if the owner or operator received a written notification from the Agency prior to October 1, 2007, or (ii) or January 1, 2008, if the owner or operator did not receive a written notification from the Agency by October 1, 2007.
Only those categories of petroleum listed in Section 57.9(a)(3) are exempt under this subdivision (10);
(3) On and after July 1, 2008, no person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation without a permit granted by the Agency for the clean construction or demolition debris fill operation 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 Board SB0067 Enrolled - 3 - LRB094 06428 RSP 36516 b regulations and standards adopted under this Act.
(11) the portion of a site or facility where used oil is collected or stored prior to shipment to a recycling or energy recovery facility, provided that the used oil is generated by households or commercial establishments, and the site or facility is a recycling center or a business where oil or gasoline is sold at retail;
(4) This subsection (b) does not apply to:
(12) the portion of a site or facility utilizing coal combustion waste for stabilization and treatment of only waste generated on that site or facility when used in connection with response actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the federal Resource Conservation and Recovery Act of 1976, or the Illinois Environmental Protection Act or as authorized by the Agency;
(A) the use of clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation located on the site where the clean construction or demolition debris was generated;
(13) the portion of a site or facility accepting SB0067 Engrossed - 3 - LRB094 06428 RSP 36516 b exclusively general construction or demolition debris, located in a county with a population over 700,000 as of January 1, 2000, and operated and located in accordance with Section 22.38 of this Act;
or (B) the use of clean construction or demolition debris as fill material in an excavation other than a current or former quarry or mine if this use complies with Illinois Department of Transportation specifications;
and (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.
or .
(b) A new pollution control facility is:
(C) current or former quarries, mines, and other excavations that do not use clean construction or demolition debris as fill material.
(1) a pollution control facility initially permitted for development or construction after July 1, 1981;
(c) In accordance with Title VII of this Act, the Board may adopt regulations to promote the purposes of this Section.
or (2) the area of expansion beyond the boundary of a currently permitted pollution control facility;
The Agency shall consult with the mining and construction industries during the development of any regulations to promote the purposes of this Section.
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.
(1) No later than December 15, 2005, the Agency shall propose to the Board, and no later than September 1, 2006, the Board shall adopt, regulations for the use of clean construction or demolition debris as fill material in current and former quarries, mines, and other excavations.
Such regulations shall include, but shall not be limited to, standards for clean construction or demolition debris fill operations and the submission and review of permits required under this Section.
(2) Until the Board adopts rules under subsection (c)(1) of this Section, all persons using clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation shall:
(A) Assure that only clean construction or demolition debris is being used as fill material by screening each truckload of material received using a device approved by the Agency that detects volatile organic compounds.
Such devices may include, but are SB0067 Enrolled - 4 - LRB094 06428 RSP 36516 b not limited to, photo ionization detectors.
All screening devices shall be operated and maintained in accordance with manufacturer’s specifications.
Unacceptable fill material shall be rejected from the site;
and (B) Retain for a minimum of 3 years the following information:
(i) The name of the hauler, the name of the generator, and place of origin of the debris or soil;
(ii) The approximate weight or volume of the debris or soil;
and (iii) The date the debris or soil was received.
(d) This Section applies only to clean construction or demolition debris that is not considered "waste" as provided in Section 3.160 of this Act.
(e) For purposes of a clean construction or demolition debris fill operation:
(1) The term "operator" means a person responsible for the operation and maintenance of a clean construction or demolition debris fill operation.
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(2) The term "owner" means a person who has any direct or indirect interest in a clean construction or demolition debris fill operation or in land on which a person operates and maintains a clean construction or demolition debris fill operation.
A "direct or indirect interest" does not include the ownership of publicly traded stock.
The "owner" is the "operator" if there is no other person who is operating and maintaining a clean construction or demolition debris fill operation.
92-574, eff.
94-272, eff.
6-26-02;
7-19-05.) (415 ILCS 5/39) (from Ch.
93-998, eff.
8-23-04.) (415 ILCS 5/21) (from Ch.
1021) Sec.
1039) Sec.
21.
39.
Prohibited acts.
Issuance of permits;
No person shall:
procedures.
(a) Cause or allow the open dumping of any waste.
(a) When the Board has by regulation required a permit for the construction, installation, or operation of any type of SB0067 Enrolled - 5 - LRB094 06428 RSP 36516 b facility, equipment, vehicle, vessel, or aircraft, the applicant shall apply to the Agency for such permit and it shall be the duty of the Agency to issue such a permit upon proof by the applicant that the facility, equipment, vehicle, vessel, or aircraft will not cause a violation of this Act or of regulations hereunder.
(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.
The Agency shall adopt such procedures as are necessary to carry out its duties under this Section.
(c) Abandon any vehicle in violation of the "Abandoned Vehicles Amendment to the Illinois Vehicle Code", as enacted by the 76th General Assembly.
In making its determinations on permit applications under this Section the Agency may consider prior adjudications of noncompliance with this Act by the applicant that involved a release of a contaminant into the environment.
(d) Conduct any waste-storage, waste-treatment, or waste-disposal operation:
In granting permits, the Agency may impose reasonable conditions specifically related to the applicant’s past compliance history with this Act as necessary to correct, detect, or prevent noncompliance.
(1) without a permit granted by the Agency or in SB0067 Engrossed - 4 - LRB094 06428 RSP 36516 b 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;
The Agency may impose such other conditions as may be necessary to accomplish the purposes of this Act, and as are not inconsistent with the regulations promulgated by the Board hereunder.
provided, however, that, except for municipal solid waste landfill units that receive waste on or after October 9, 1993, 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) 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;
Except as otherwise provided in this Act, a bond or other security shall not be required as a condition for the issuance of a permit.
(2) in violation of any regulations or standards adopted by the Board under this Act;
If the Agency denies any permit under this Section, the Agency shall transmit to the applicant within the time limitations of this Section specific, detailed statements as to the reasons the permit application was denied.
or (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;
Such statements shall include, but not be limited to the following:
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.
(i) the Sections of this Act which may be violated if the permit were granted;
The form for such notification shall be specified by the Agency, and shall be limited to information regarding:
(ii) the provision of the regulations, promulgated under this Act, which may be violated if the permit were granted;
the name and address of the location of the operation;
(iii) the specific type of information, if any, which the Agency deems the applicant did not provide the Agency;
the type of operation;
and (iv) a statement of specific reasons why the Act and the regulations might not be met if the permit were granted.
the types and amounts of waste stored, treated or disposed of on an annual basis;
SB0067 Enrolled - 6 - LRB094 06428 RSP 36516 b If there is no final action by the Agency within 90 days after the filing of the application for permit, the applicant may deem the permit issued;
the remaining capacity of the SB0067 Engrossed - 5 - LRB094 06428 RSP 36516 b operation;
except that this time period shall be extended to 180 days when (1) notice and opportunity for public hearing are required by State or federal law or regulation, (2) the application which was filed is for any permit to develop a landfill subject to issuance pursuant to this subsection, or (3) the application that was filed is for a MSWLF unit required to issue public notice under subsection (p) of Section 39.
and the remaining expected life of the operation.
The 90-day and 180-day time periods for the Agency to take final action do not apply to NPDES permit applications under subsection (b) of this Section, to RCRA permit applications under subsection (d) of this Section, or to UIC permit applications under subsection (e) of this Section.
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.
The Agency shall publish notice of all final permit determinations for development permits for MSWLF units and for significant permit modifications for lateral expansions for existing MSWLF units one time in a newspaper of general circulation in the county in which the unit is or is proposed to be located.
This subsection (d) shall not apply to hazardous waste.
After January 1, 1994 and until July 1, 1998, operating permits issued under this Section by the Agency for sources of air pollution permitted to emit less than 25 tons per year of any combination of regulated air pollutants, as defined in Section 39.5 of this Act, shall be required to be renewed only upon written request by the Agency consistent with applicable provisions of this Act and regulations promulgated hereunder.
(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.
Such operating permits shall expire 180 days after the date of such a request.
(f) Conduct any hazardous waste-storage, hazardous waste-treatment or hazardous waste-disposal operation:
The Board shall revise its regulations for the existing State air pollution operating permit program consistent with this provision by January 1, 1994.
(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;
After June 30, 1998, operating permits issued under this Section by the Agency for sources of air pollution that are not subject to Section 39.5 of this Act and are not required to have a federally enforceable State operating permit shall be required to be renewed only upon written request by the Agency SB0067 Enrolled - 7 - LRB094 06428 RSP 36516 b consistent with applicable provisions of this Act and its rules.
or (2) in violation of any regulations or standards adopted by the Board under this Act;
Such operating permits shall expire 180 days after the date of such a request.
or (3) in violation of any RCRA permit filing requirement established under standards adopted by the Board under this Act;
Before July 1, 1998, the Board shall revise its rules for the existing State air pollution operating permit program consistent with this paragraph and shall adopt rules that require a source to demonstrate that it qualifies for a permit under this paragraph.
or (4) in violation of any order adopted by the Board under this Act.
(b) The Agency may issue NPDES permits exclusively under this subsection for the discharge of contaminants from point sources into navigable waters, all as defined in the Federal Water Pollution Control Act, as now or hereafter amended, within the jurisdiction of the State, or into any well.
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 regulations as being subject to this exception, if the SB0067 Engrossed - 6 - LRB094 06428 RSP 36516 b 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.
All NPDES permits shall contain those terms and conditions, including but not limited to schedules of compliance, which may be required to accomplish the purposes and provisions of this Act.
(g) Conduct any hazardous waste-transportation operation:
The Agency may issue general NPDES permits for discharges from categories of point sources which are subject to the same permit limitations and conditions.
(1) without registering with and obtaining a permit from the Agency in accordance with the Uniform Program implemented under subsection (l-5) of Section 22.2;
Such general permits may be issued without individual applications and shall conform to regulations promulgated under Section 402 of the Federal Water Pollution Control Act, as now or hereafter amended.
or (2) in violation of any regulations or standards adopted by the Board under this Act.
The Agency may include, among such conditions, effluent limitations and other requirements established under this Act, Board regulations, the Federal Water Pollution Control Act, as now or hereafter amended, and regulations pursuant thereto, and schedules for achieving compliance therewith at the earliest reasonable date.
(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.
The Agency shall adopt filing requirements and procedures which are necessary and appropriate for the issuance of NPDES permits, and which are consistent with the Act or regulations adopted by the Board, and with the Federal Water Pollution Control Act, as now or hereafter amended, and regulations pursuant thereto.
(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.
The Agency, subject to any conditions which may be prescribed by Board regulations, may issue NPDES permits to SB0067 Enrolled - 8 - LRB094 06428 RSP 36516 b allow discharges beyond deadlines established by this Act or by regulations of the Board without the requirement of a variance, subject to the Federal Water Pollution Control Act, as now or hereafter amended, and regulations pursuant thereto.
(j) Conduct any special waste transportation operation in violation of any regulations, standards or permit requirements adopted by the Board under this Act.
(c) Except for those facilities owned or operated by sanitary districts organized under the Metropolitan Water Reclamation District Act, no permit for the development or construction of a new pollution control facility may be granted by the Agency unless the applicant submits proof to the Agency that the location of the facility has been approved by the County Board of the county if in an unincorporated area, or the governing body of the municipality when in an incorporated area, in which the facility is to be located in accordance with Section 39.2 of 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 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.
In the event that siting approval granted pursuant to Section 39.2 has been transferred to a subsequent owner or operator, that subsequent owner or operator may apply to the Agency for, and the Agency may grant, a development or construction permit for the facility for which local siting approval was granted.
The unit of local government which operates the treatment plant producing such sludge shall file a semiannual 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.
Upon application to the Agency for a development or construction permit by that subsequent owner or operator, the permit applicant shall cause written notice of the permit application to be served upon the appropriate county board or governing body of the municipality that granted siting approval for that facility and upon any party to the siting proceeding pursuant to which siting approval was granted.
This subsection (j) shall not apply to hazardous waste.
In that event, the Agency shall conduct an evaluation of the subsequent owner or operator’s prior experience in waste management operations in the manner conducted under subsection (i) of Section 39 of this Act.
SB0067 Engrossed - 7 - LRB094 06428 RSP 36516 b (k) Fail or refuse to pay any fee imposed under this Act.
Beginning August 20, 1993, if the pollution control facility consists of a hazardous or solid waste disposal facility for which the proposed site is located in an unincorporated area of a county with a population of less than 100,000 and includes all or a portion of a parcel of land that was, on April 1, 1993, adjacent to a municipality having a SB0067 Enrolled - 9 - LRB094 06428 RSP 36516 b population of less than 5,000, then the local siting review required under this subsection (c) in conjunction with any permit applied for after that date shall be performed by the governing body of that adjacent municipality rather than the county board of the county in which the proposed site is located;
(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.
and for the purposes of that local siting review, any references in this Act to the county board shall be deemed to mean the governing body of that adjacent municipality;
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;
provided, however, that the provisions of this paragraph shall not apply to any proposed site which was, on April 1, 1993, owned in whole or in part by another municipality.
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.
In the case of a pollution control facility for which a development permit was issued before November 12, 1981, if an operating permit has not been issued by the Agency prior to August 31, 1989 for any portion of the facility, then the Agency may not issue or renew any development permit nor issue an original operating permit for any portion of such facility unless the applicant has submitted proof to the Agency that the location of the facility has been approved by the appropriate county board or municipal governing body pursuant to Section 39.2 of this Act.
The provisions of this subsection do not apply to publicly-owned sewage works or the disposal or utilization of sludge from publicly-owned sewage works.
After January 1, 1994, if a solid waste disposal facility, any portion for which an operating permit has been issued by the Agency, has not accepted waste disposal for 5 or more consecutive calendars years, before that facility may accept any new or additional waste for disposal, the owner and operator must obtain a new operating permit under this Act for that facility unless the owner and operator have applied to the Agency for a permit authorizing the temporary suspension of waste acceptance.
(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.
The Agency may not issue a new operation permit under this Act for the facility unless the applicant has submitted proof to the Agency that the location of the facility has been approved or re-approved by the appropriate county board or municipal governing body under Section 39.2 of this Act after the facility ceased accepting waste.
(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.
Except for those facilities owned or operated by sanitary SB0067 Enrolled - 10 - LRB094 06428 RSP 36516 b districts organized under the Metropolitan Water Reclamation District Act, and except for new pollution control facilities governed by Section 39.2, and except for fossil fuel mining facilities, the granting of a permit under this Act shall not relieve the applicant from meeting and securing all necessary zoning approvals from the unit of government having zoning jurisdiction over the proposed facility.
(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:
Before beginning construction on any new sewage treatment plant or sludge drying site to be owned or operated by a sanitary district organized under the Metropolitan Water Reclamation District Act for which a new permit (rather than the renewal or amendment of an existing permit) is required, such sanitary district shall hold a public hearing within the municipality within which the proposed facility is to be located, or within the nearest community if the proposed facility is to be located within an unincorporated area, at which information concerning the proposed facility shall be made available to the public, and members of the public shall be given the opportunity to express their views concerning the proposed facility.
(1) refuse in standing or flowing waters;
The Agency may issue a permit for a municipal waste transfer station without requiring approval pursuant to Section 39.2 provided that the following demonstration is made:
(2) leachate flows entering waters of the State;
(1) the municipal waste transfer station was in existence on or before January 1, 1979 and was in continuous operation from January 1, 1979 to January 1, 1993;
(3) leachate flows exiting the landfill confines (as determined by the boundaries established for the landfill by a permit issued by the Agency);
(2) the operator submitted a permit application to the Agency to develop and operate the municipal waste transfer station during April of 1994;
(4) open burning of refuse in violation of Section 9 of this Act;
(3) the operator can demonstrate that the county board of the county, if the municipal waste transfer station is in an unincorporated area, or the governing body of the municipality, if the station is in an incorporated area, does not object to resumption of the operation of the station;
(5) uncovered refuse remaining from any previous operating day or at the conclusion of any operating day, unless authorized by permit;
and SB0067 Enrolled - 11 - LRB094 06428 RSP 36516 b (4) the site has local zoning approval.
SB0067 Engrossed - 8 - LRB094 06428 RSP 36516 b (6) failure to provide final cover within time limits established by Board regulations;
(d) The Agency may issue RCRA permits exclusively under this subsection to persons owning or operating a facility for the treatment, storage, or disposal of hazardous waste as defined under this Act.
(7) acceptance of wastes without necessary permits;
All RCRA permits shall contain those terms and conditions, including but not limited to schedules of compliance, which may be required to accomplish the purposes and provisions of this Act.
(8) scavenging as defined by Board regulations;
The Agency may include among such conditions standards and other requirements established under this Act, Board regulations, the Resource Conservation and Recovery Act of 1976 (P.L.
(9) deposition of refuse in any unpermitted portion of the landfill;
94-580), as amended, and regulations pursuant thereto, and may include schedules for achieving compliance therewith as soon as possible.
(10) acceptance of a special waste without a required manifest;
The Agency shall require that a performance bond or other security be provided as a condition for the issuance of a RCRA permit.
(11) failure to submit reports required by permits or Board regulations;
In the case of a permit to operate a hazardous waste or PCB incinerator as defined in subsection (k) of Section 44, the Agency shall require, as a condition of the permit, that the operator of the facility perform such analyses of the waste to be incinerated as may be necessary and appropriate to ensure the safe operation of the incinerator.
(12) failure to collect and contain litter from the site by the end of each operating day;
The Agency shall adopt filing requirements and procedures which are necessary and appropriate for the issuance of RCRA permits, and which are consistent with the Act or regulations adopted by the Board, and with the Resource Conservation and Recovery Act of 1976 (P.L.
(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.
94-580), as amended, and regulations pursuant thereto.
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 applicant shall make available to the public for inspection all documents submitted by the applicant to the Agency in furtherance of an application, with the exception of trade secrets, at the office of the county board or governing body of the municipality.
The specific prohibitions in this subsection do not limit the power of the Board to establish regulations or standards applicable to sanitary landfills.
Such documents may be copied upon payment of the actual cost of reproduction during regular business hours of the local office.
(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:
The Agency shall issue a written statement concurrent with its grant or denial of the SB0067 Enrolled - 12 - LRB094 06428 RSP 36516 b permit explaining the basis for its decision.
(1) litter;
(e) The Agency may issue UIC permits exclusively under this subsection to persons owning or operating a facility for the underground injection of contaminants as defined under this Act.
(2) scavenging;
All UIC permits shall contain those terms and conditions, including but not limited to schedules of compliance, which may be required to accomplish the purposes and provisions of this Act.
(3) open burning;
The Agency may include among such conditions standards and other requirements established under this Act, Board regulations, the Safe Drinking Water Act (P.L.
(4) deposition of waste in standing or flowing waters;
93-523), as amended, and regulations pursuant thereto, and may include schedules for achieving compliance therewith.
(5) proliferation of disease vectors;
The Agency shall require that a performance bond or other security be provided as a condition for the issuance of a UIC permit.
(6) standing or flowing liquid discharge from the dump site;
The Agency shall adopt filing requirements and procedures which are necessary and appropriate for the issuance of UIC permits, and which are consistent with the Act or regulations adopted by the Board, and with the Safe Drinking Water Act (P.L.
(7) deposition of:
93-523), as amended, and regulations pursuant thereto.
(i) general construction or demolition debris as defined in Section 3.160(a) of this Act;
The applicant shall make available to the public for inspection, all documents submitted by the applicant to the Agency in furtherance of an application, with the exception of trade secrets, at the office of the county board or governing body of the municipality.
or (ii) clean construction or demolition debris as defined in Section 3.160(b) of this Act.
Such documents may be copied upon payment of the actual cost of reproduction during regular business hours of the local office.
SB0067 Engrossed - 9 - LRB094 06428 RSP 36516 b 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 Agency shall issue a written statement concurrent with its grant or denial of the permit explaining the basis for its decision.
The specific prohibitions in this subsection do not limit the power of the Board to establish regulations or standards applicable to open dumping.
(f) In making any determination pursuant to Section 9.1 of this Act:
(q) Conduct a landscape waste composting operation without an Agency permit, provided, however, that no permit shall be required for any person:
(1) The Agency shall have authority to make the determination of any question required to be determined by the Clean Air Act, as now or hereafter amended, this Act, or the regulations of the Board, including the determination of the Lowest Achievable Emission Rate, SB0067 Enrolled - 13 - LRB094 06428 RSP 36516 b Maximum Achievable Control Technology, or Best Available Control Technology, consistent with the Board’s regulations, if any.
(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;
(2) The Agency shall, after conferring with the applicant, give written notice to the applicant of its proposed decision on the application including the terms and conditions of the permit to be issued and the facts, conduct or other basis upon which the Agency will rely to support its proposed action.
or (2) applying landscape waste or composted landscape waste at agronomic rates;
(3) Following such notice, the Agency shall give the applicant an opportunity for a hearing in accordance with the provisions of Sections 10-25 through 10-60 of the Illinois Administrative Procedure Act.
or (3) operating a landscape waste composting facility on a farm, if the facility meets all of the following criteria:
(g) The Agency shall include as conditions upon all permits issued for hazardous waste disposal sites such restrictions upon the future use of such sites as are reasonably necessary to protect public health and the environment, including permanent prohibition of the use of such sites for purposes which may create an unreasonable risk of injury to human health or to the environment.
(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 Agency may allow a higher percentage for individual sites where the owner or operator has demonstrated to the Agency that the site’s soil characteristics or crop needs require a higher rate;
After administrative and judicial challenges to such restrictions have been exhausted, the Agency shall file such restrictions of record in the Office of the Recorder of the county in which the hazardous waste disposal site is located.
(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;
(h) A hazardous waste stream may not be deposited in a permitted hazardous waste site unless specific authorization is obtained from the Agency by the generator and disposal site owner and operator for the deposit of that specific hazardous waste stream.
SB0067 Engrossed - 10 - LRB094 06428 RSP 36516 b (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 prior to its application as mulch, fertilizer, or soil conditioner;
The Agency may grant specific authorization for disposal of hazardous waste streams only after the generator has reasonably demonstrated that, considering technological feasibility and economic reasonableness, the hazardous waste cannot be reasonably recycled for reuse, nor incinerated or chemically, physically or biologically treated so as to neutralize the hazardous waste and render it nonhazardous.
(D) the owner or operator, by January 1, 1990 (or the January 1 following commencement of operation, whichever is later) and January 1 of each year thereafter, (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), (B) and (C) of this paragraph (q)(3), 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) 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 was placed more than 5 feet above the water table.
In granting authorization under this Section, the Agency may SB0067 Enrolled - 14 - LRB094 06428 RSP 36516 b impose such conditions as may be necessary to accomplish the purposes of the Act and are consistent with this Act and regulations promulgated by the Board hereunder.
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 demonstrated to the Agency that the site’s soil characteristics or crop needs require a higher rate.
If the Agency refuses to grant authorization under this Section, the applicant may appeal as if the Agency refused to grant a permit, pursuant to the provisions of subsection (a) of Section 40 of this Act.
(r) Cause or allow the storage or disposal of coal combustion waste unless:
For purposes of this subsection (h), the term "generator" has the meaning given in Section 3.205 of this Act, unless:
SB0067 Engrossed - 11 - LRB094 06428 RSP 36516 b (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;
(1) the hazardous waste is treated, incinerated, or partially recycled for reuse prior to disposal, in which case the last person who treats, incinerates, or partially recycles the hazardous waste prior to disposal is the generator;
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 (2) the hazardous waste is from a response action, in which case the person performing the response action is the generator.
or (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 Surface Mining Control and Reclamation Act of 1977 (P.L.
This subsection (h) does not apply to any hazardous waste that is restricted from land disposal under 35 Ill.
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;
Adm.
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;
Code 728.
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:
(i) Before issuing any RCRA permit, any permit for a waste storage site, sanitary landfill, waste disposal site, waste transfer station, waste treatment facility, waste incinerator, or any waste-transportation operation, or any permit or interim authorization for a clean construction or demolition debris fill operation, the Agency shall conduct an evaluation of the prospective owner’s or operator’s prior experience in waste management operations and clean construction or demolition debris fill operations.
(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 protect surface water and groundwater from contamination at levels prohibited by this Act, the Illinois Groundwater Protection Act, or regulations SB0067 Engrossed - 12 - LRB094 06428 RSP 36516 b adopted pursuant thereto.
The Agency may deny such a permit, or deny or revoke interim authorization, if the prospective owner or operator or any employee or officer of the prospective owner or operator has a history of:
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).
(1) repeated violations of federal, State, or local laws, regulations, standards, or ordinances in the operation of waste management facilities or sites or clean construction or demolition debris fill operation facilities or sites;
(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.
or (2) conviction in this or another State of any crime which is a felony under the laws of this State, or conviction of a felony in a federal court;
(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.
or conviction in SB0067 Enrolled - 15 - LRB094 06428 RSP 36516 b this or another state or federal court of any of the following crimes:
(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.
forgery, official misconduct, bribery, perjury, or knowingly submitting false information under any environmental law, regulation, or permit term or condition;
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 Title III of this Act to the generator of the vegetable by-products.
or (3) proof of gross carelessness or incompetence in handling, storing, processing, transporting or disposing of waste or clean construction or demolition debris, or proof of gross carelessness or incompetence in using clean construction or demolition debris as fill.
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.
(i-5) Before issuing any permit or approving any interim authorization for a clean construction or demolition debris fill operation in which any ownership interest is transferred between January 1, 2005, and the effective date of the prohibition set forth in Section 22.52 of this Act, the Agency shall conduct an evaluation of the operation if any previous activities at the site or facility may have caused or allowed contamination of the site.
(v) (Blank).
It shall be the responsibility of the owner or operator seeking the permit or interim authorization to provide to the Agency all of the information necessary for the Agency to conduct its evaluation.
(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 SB0067 Engrossed - 13 - LRB094 06428 RSP 36516 b facility where the debris or soil was transferred, disposed, recycled, or treated.
The Agency may deny a permit or interim authorization if previous activities at the site may have caused or allowed contamination at the site, unless such contamination is authorized under any permit issued by the Agency.
This documentation must be maintained by the generator, transporter, or recycler for 3 years.
(j) The issuance under this Act of a permit to engage in the surface mining of any resources other than fossil fuels shall not relieve the permittee from its duty to comply with any applicable local law regulating the commencement, location or operation of surface mining facilities.
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 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;
(k) A development permit issued under subsection (a) of Section 39 for any facility or site which is required to have a permit under subsection (d) of Section 21 shall expire at the end of 2 calendar years from the date upon which it was issued, unless within that period the applicant has taken action to develop the facility or the site.
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.
In the event that review of SB0067 Enrolled - 16 - LRB094 06428 RSP 36516 b the conditions of the development permit is sought pursuant to Section 40 or 41, or permittee is prevented from commencing development of the facility or site by any other litigation beyond the permittee’s control, such two-year period shall be deemed to begin on the date upon which such review process or litigation is concluded.
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.
(l) No permit shall be issued by the Agency under this Act for construction or operation of any facility or site located within the boundaries of any setback zone established pursuant to this Act, where such construction or operation is prohibited.
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.
(m) The Agency may issue permits to persons owning or operating a facility for composting landscape waste.
In granting such permits, the Agency may impose such conditions as may be necessary to accomplish the purposes of this Act, and as are not inconsistent with applicable regulations promulgated by the Board.
Except as otherwise provided in this Act, a bond or other security shall not be required as a condition for the issuance of a permit.
If the Agency denies any permit pursuant to this subsection, the Agency shall transmit to the applicant within the time limitations of this subsection specific, detailed statements as to the reasons the permit application was denied.
Such statements shall include but not be limited to the following:
(1) the Sections of this Act that may be violated if the permit were granted;
(2) the specific regulations promulgated pursuant to this Act that may be violated if the permit were granted;
(3) the specific information, if any, the Agency deems the applicant did not provide in its application to the Agency;
and (4) a statement of specific reasons why the Act and the regulations might be violated if the permit were granted.
If no final action is taken by the Agency within 90 days after the filing of the application for permit, the applicant may deem the permit issued.
Any applicant for a permit may SB0067 Enrolled - 17 - LRB094 06428 RSP 36516 b waive the 90 day limitation by filing a written statement with the Agency.
The Agency shall issue permits for such facilities upon receipt of an application that includes a legal description of the site, a topographic map of the site drawn to the scale of 200 feet to the inch or larger, a description of the operation, including the area served, an estimate of the volume of materials to be processed, and documentation that:
(1) the facility includes a setback of at least 200 feet from the nearest potable water supply well;
(2) the facility is located outside the boundary of the 10-year floodplain or the site will be floodproofed;
(3) the facility is located so as to minimize incompatibility with the character of the surrounding area, including at least a 200 foot setback from any residence, and in the case of a facility that is developed or the permitted composting area of which is expanded after November 17, 1991, the composting area is located at least 1/8 mile from the nearest residence (other than a residence located on the same property as the facility);
(4) the design of the facility will prevent any compost material from being placed within 5 feet of the water table, will adequately control runoff from the site, and will collect and manage any leachate that is generated on the site;
(5) the operation of the facility will include appropriate dust and odor control measures, limitations on operating hours, appropriate noise control measures for shredding, chipping and similar equipment, management procedures for composting, containment and disposal of non-compostable wastes, procedures to be used for terminating operations at the site, and recordkeeping sufficient to document the amount of materials received, composted and otherwise disposed of;
and (6) the operation will be conducted in accordance with any applicable rules adopted by the Board.
SB0067 Enrolled - 18 - LRB094 06428 RSP 36516 b The Agency shall issue renewable permits of not longer than 10 years in duration for the composting of landscape wastes, as defined in Section 3.155 of this Act, based on the above requirements.
The operator of any facility permitted under this subsection (m) must submit a written annual statement to the Agency on or before April 1 of each year that includes an estimate of the amount of material, in tons, received for composting.
(n) The Agency shall issue permits jointly with the Department of Transportation for the dredging or deposit of material in Lake Michigan in accordance with Section 18 of the Rivers, Lakes, and Streams Act.
(o) (Blank.) (p) (1) Any person submitting an application for a permit for a new MSWLF unit or for a lateral expansion under subsection (t) of Section 21 of this Act for an existing MSWLF unit that has not received and is not subject to local siting approval under Section 39.2 of this Act shall publish notice of the application in a newspaper of general circulation in the county in which the MSWLF unit is or is proposed to be located.
The notice must be published at least 15 days before submission of the permit application to the Agency.
The notice shall state the name and address of the applicant, the location of the MSWLF unit or proposed MSWLF unit, the nature and size of the MSWLF unit or proposed MSWLF unit, the nature of the activity proposed, the probable life of the proposed activity, the date the permit application will be submitted, and a statement that persons may file written comments with the Agency concerning the permit application within 30 days after the filing of the permit application unless the time period to submit comments is extended by the Agency.
When a permit applicant submits information to the Agency to supplement a permit application being reviewed by the Agency, the applicant shall not be required to reissue the notice under this subsection.
SB0067 Enrolled - 19 - LRB094 06428 RSP 36516 b (2) The Agency shall accept written comments concerning the permit application that are postmarked no later than 30 days after the filing of the permit application, unless the time period to accept comments is extended by the Agency.
(3) Each applicant for a permit described in part (1) of this subsection shall file a copy of the permit application with the county board or governing body of the municipality in which the MSWLF unit is or is proposed to be located at the same time the application is submitted to the Agency.
The permit application filed with the county board or governing body of the municipality shall include all documents submitted to or to be submitted to the Agency, except trade secrets as determined under Section 7.1 of this Act.
The permit application and other documents on file with the county board or governing body of the municipality shall be made available for public inspection during regular business hours at the office of the county board or the governing body of the municipality and may be copied upon payment of the actual cost of reproduction.
92-574, eff.
93-575, eff.
6-26-02;
1-1-04;
93-179, eff.
94-272, eff.
7-11-03.) Section 99.
7-19-05.)
Effective date.
This Act takes effect upon becoming law.
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Action History

  1. Public Act . . . . . . . . . 94-0725

  2. Effective Date June 1, 2006

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 056-000-003

  7. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Environment & Energy; 008-000-000

  8. House Committee Amendment No. 1 Motion to Concur Referred to Environment & Energy

  9. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  10. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Debbie DeFrancesco Halvorson

  11. Placed on Calendar Order of Concurrence House Amendment(s) 01-November 4, 2005

  12. Secretary's Desk - Concurrence House Amendment(s) 01

  13. Third Reading - Short Debate - Passed 113-000-002

  14. Placed on Calendar Order of 3rd Reading - Short Debate

  15. Added Alternate Chief Co-Sponsor Rep. Eddie Washington

  16. Added Alternate Co-Sponsor Rep. Patricia R. Bellock

  17. Chief Sponsor Changed to Sen. Debbie DeFrancesco Halvorson

  18. Fiscal Note Filed As Amended by HA 1

  19. Held on Calendar Order of Second Reading - Short Debate

  20. Second Reading - Short Debate

  21. Placed on Calendar 2nd Reading - Short Debate

  22. Do Pass as Amended / Short Debate Environment & Energy Committee; 017-000-000

  23. House Committee Amendment No. 1 Adopted in Environment & Energy Committee; by Voice Vote

  24. House Committee Amendment No. 1 Filed with Clerk by Environment & Energy Committee

  25. Assigned to Environment & Energy Committee

  26. Final Action Deadline Extended-9(b) January 11, 2006

  27. Alternate Chief Sponsor Changed to Rep. Julie Hamos

  28. Rule 19(a) / Re-referred to Rules Committee

  29. Assigned to Executive Committee

  30. Alternate Chief Co-Sponsor Removed Rep. JoAnn D. Osmond

  31. Referred to Rules Committee

  32. First Reading

  33. Added Alternate Chief Co-Sponsor Rep. JoAnn D. Osmond

  34. Added Alternate Chief Co-Sponsor Rep. Karen May

  35. Added Alternate Chief Co-Sponsor Rep. Thomas Holbrook

  36. Alternate Chief Sponsor Changed to Rep. Kathleen A. Ryg

  37. Chief House Sponsor Rep. Thomas Holbrook

  38. Placed on Calendar Order of First Reading

  39. Arrived in House

  40. Third Reading - Passed; 057-000-000

  41. Placed on Calendar Order of 3rd Reading March 2, 2005

  42. Second Reading

  43. Placed on Calendar Order of 2nd Reading March 1, 2005

  44. Do Pass Environment & Energy; 008-000-000

  45. Assigned to Environment & Energy

  46. Referred to Rules

  47. First Reading

  48. Filed with Secretary by Sen. Terry Link

Sponsors

  • Debbie DeFrancesco Halvorson · Cosponsor
  • Patricia R. Bellock · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

  • Debbie DeFrancesco Halvorson
  • Patricia R. Bellock

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 50003
Republican 1000
Democrat 5000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Lauzen — Yea
Maloney — Yea
Althoff — Yea
Martinez — Not Voting
Axley — Yea
Bomke — Yea
Burzynski — Yea
Geo-Karis — Yea
Halvorson — Yea
Meeks — Yea
Millner — Yea
Pankau — Yea
Peterson — Yea
Schoenberg — Yea
Shadid — Yea
Brady — Yea
Munoz — Yea
Sieben — Yea
Silverstein — Yea
Sullivan, J. — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Jacobs — Yea
Jones, J. — Yea
Watson — Yea
Jones, W. — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Demuzio — Yea
Petka — Not Voting
Cullerton — Not Voting
Link — Yea
Luechtefeld — Yea
Winkel — Yea
DeLeo — Yea
Dillard — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 102004
Democrat 8001
Republican 3000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Soto — Yea
Leitch — Yea
Acevedo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Moffitt — Yea
Munson — Yea
Holbrook — Yea
Jefferson — Yea
Jenisch — Yea
Lang — Yea
Poe — Yea
Lindner — Yea
Mathias — Yea
McAuliffe — Yea
Lyons, Eileen — Yea
McCarthy — Yea
McKeon — Yea
Reitz — Yea
Lyons, Joseph — Yea
Mendoza — Yea
Meyer — Yea
Molaro — Yea
Mulligan — Yea
Scully — Yea
Sommer — Yea
Tenhouse — Yea
Tryon — Yea
Turner — Yea
McGuire — Yea
Bradley, John — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Howard — Yea
Chavez — Yea
Churchill — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Krause — Yea
Madigan — Yea
Myers — Yea
Watson — Yea
Nekritz — Yea
Jones — Yea
Osmond — Yea
Parke — Yea
Davis, Monique — Yea
Bradley, Richard — Not Voting
Bailey — Not Voting
Phelps — Yea
Pihos — Not Voting
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Fritchey — Not Voting
Hultgren — Yea
Jakobsson — Yea
Kosel — Yea
Granberg — Yea
Hamos — Yea
Hassert — Yea
Osterman — Yea
Patterson — Yea
Pritchard — Yea
Ramey — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Not Voting
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 51002
Democrat 5000
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Silverstein — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Forby — Yea
Halvorson — Yea
Hendon — Yea
Meeks — Yea
Schoenberg — Yea
Munoz — Yea
Brady — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Lauzen — Yea
Sullivan, D. — Yea
Luechtefeld — Yea
Sullivan, J. — Yea
Petka — Yea
Maloney — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Peterson — Yea
Radogno — Yea
Demuzio — Yea
Raoul — Yea
Shadid — Not Voting
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Wojcik — Yea
Clayborne — Not Voting
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Pankau — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does SB 67 do?
Amends the Environmental Protection Act. In the definitions, provides that a facility accepting exclusively general construction or demolition debris and that as of January 1, 2000 is located in a county with a population of 700,000 or more persons is not a pollution control facility under the Act (now, the definition does not have the January 1, 2000 restriction). Makes a similar change regarding waste-storage, waste-treatment, or waste-disposal permits to provide that no permit shall be required for a facility in a county with a population over 700,000 as of January 1, 2000 (now, the January 1, 2000 date is not specified). Effective immediately.
Who sponsors SB 67?
SB 67 is sponsored by Debbie DeFrancesco Halvorson and Patricia R. Bellock.
What is the current status of SB 67?
This bill has been enacted into law. Introduced January 26, 2005. Enacted.
Where can I track SB 67?
Track SB 67 free on One Click Politics — get push/email alerts when it moves.

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