(415 ILCS 5/Tit. I heading)
(415 ILCS 5/1) (from Ch. 111 1/2, par. 1001)
Sec. 1.
This Act shall be known and may be cited as the "Environmental
Protection Act".
(Source: P.A. 76-2429.)
(415 ILCS 5/2) (from Ch. 111 1/2, par. 1002)
Sec. 2. (a) The General Assembly finds:
(b) It is the purpose of this Act, as more specifically described in
later sections, to establish a unified, state-wide program supplemented by
private remedies, to restore, protect and enhance the quality of the
environment, and to assure that adverse effects upon the environment are
fully considered and borne by those who cause them.
(c) The terms and provisions of this Act shall be liberally construed
so as to effectuate the purposes of this Act as set forth in subsection
(b) of this Section, but to the extent that this Act prescribes criminal
penalties, it shall be construed in accordance with the Criminal Code of
2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
(415 ILCS 5/3) (from Ch. 111 1/2, par. 1003)
Sec. 3.
Definitions.
(a) For the purposes of this Act, the words and terms defined in
the Sections which follow this Section and precede Section 4 shall have
the meaning therein given, unless the context otherwise clearly requires.
(b) This amendatory Act of the 92nd General Assembly renumbers the
definition Sections formerly included in this Act as Sections 3.01 through
3.94. The new numbering scheme is intended to alphabetize the defined terms
and to leave room for additional terms to be added in alphabetical order in
the future. It does not reuse any of the original numbers.
In the bill for this amendatory Act, the renumbered Sections are shown
in the manner commonly used to show renumbering in revisory bills.
The Sections being renumbered are shown as existing (rather than new) text;
only the changes being made to the existing text are shown with striking and
underscoring. The original source lines have been retained.
(c) In a statute, rule, permit, or other document in existence on
the effective date of this amendatory Act of the 92nd General Assembly,
a reference to one of the definition Sections renumbered by this amendatory
Act shall be deemed to refer to the corresponding Section as renumbered by
this amendatory Act.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/prec. Sec. 3.01 heading)
(415 ILCS 5/3.102)
Sec. 3.102. 100-year flood. "100-year flood" means a flood that has a 1% or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in 100 years on the average over a significantly longer period.
(Source: P.A. 96-1395, eff. 7-29-10.)
(415 ILCS 5/3.103)
Sec. 3.103. 100-year floodplain. "100-year floodplain" means the lowland and relatively flat areas adjoining inland and coastal waters, including flood-prone areas of offshore islands, that are inundated by a 100-year flood. For the purposes of this Act, including for the purposes of granting permit and license applications filed or pending prior to the effective date of this amendatory Act of the 96th General Assembly, an area shall be deemed by operation of law not to be within the 100-year floodplain if the area lies within an area protected by a federal levee and is located in a flood prevention district established in accordance with the Flood Prevention District Act; provided, however, that an area that lies within a flood prevention district established in accordance with the Flood Prevention District Act shall be deemed by operation of law to be within the 100-year floodplain if, according to the currently adopted federal flood insurance rate map, the area is subject to inundation by a 100-year flood from bodies of water other than the Mississippi River.
(Source: P.A. 96-1395, eff. 7-29-10.)
(415 ILCS 5/3.105) (was 415 ILCS 5/3.01)
Sec. 3.105.
Agency.
"Agency" is the Environmental Protection
Agency established by this Act.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.110) (was 415 ILCS 5/3.77)
Sec. 3.110.
Agrichemical facility.
"Agrichemical facility"
means a site used for
commercial purposes, where bulk pesticides are stored in a single container in
excess of 300 gallons of liquid pesticide or 300 pounds of dry pesticide for
more than 30 days per year or where more than 300 gallons of liquid pesticide
or 300 pounds of dry pesticide are being mixed, repackaged or transferred
from one container to another within a 30 day period or a site where bulk
fertilizers are stored, mixed, repackaged or transferred from one container
to another.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.115) (was 415 ILCS 5/3.02)
Sec. 3.115.
Air pollution.
"Air pollution" is the presence
in the atmosphere of one or more contaminants in sufficient quantities and
of such characteristics and duration as to be injurious to human, plant,
or animal life, to health, or to property, or to unreasonably interfere
with the enjoyment of life or property.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.120) (was 415 ILCS 5/3.03)
Sec. 3.120.
Air pollution control equipment.
"Air pollution control equipment" means any
equipment or facility of a type intended to eliminate, prevent, reduce or
control the emission of specified air contaminants to the atmosphere. Air
pollution control equipment includes, but is not limited to, landfill gas
recovery facilities.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.125) (was 415 ILCS 5/3.68)
Sec. 3.125.
Biodeterioration; biodegradation.
(a) "Biodeterioration", when used in connection with recycling or
composting, means the biologically mediated loss of utilitarian or physical
characteristics of a plastic or hybrid material containing plastic as a major
component.
(b) "Biodegradation", when used in connection with recycling, means the
conversion of all constituents of a plastic or hybrid material containing
plastic as a major component to carbon dioxide, inorganic salts, microbial
cellular components and miscellaneous by-products characteristically formed
from the breakdown of natural materials such as corn starch.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.130) (was 415 ILCS 5/3.04)
Sec. 3.130.
Board.
"Board" is the Pollution Control Board
established by this Act.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.131)
Sec. 3.131. Clean energy. "Clean energy" means energy generation that is substantially free (90% or greater) of carbon dioxide emissions.
(Source: P.A. 102-662, eff. 9-15-21.)
(415 ILCS 5/3.135) (was 415 ILCS 5/3.94)
Sec. 3.135. Coal combustion by-product; CCB.
(a) "Coal combustion
by-product" (CCB) means coal combustion waste when used beneficially in any of
the following ways:
(a-5) Except to the extent that the uses are otherwise authorized by law
without such restrictions, the uses specified in items (a)(3)(A) and (a)(7) through (9) shall be subject to the
following conditions:
(b) To encourage and promote the utilization of CCB in productive and beneficial
applications, upon request by the applicant, the Agency shall make a written beneficial use determination that coal-combustion
waste is CCB when used in a manner other than those uses specified in subsection (a) of this Section if the applicant demonstrates that use of the coal-combustion waste satisfies all of the following criteria: the use will not cause, threaten, or allow the discharge of any contaminant into the environment; the use will otherwise protect human health and safety and the environment; and the use constitutes a legitimate use of the coal-combustion waste as an ingredient or raw material that is an effective substitute for an analogous ingredient or raw material.
The Agency's beneficial use determinations may allow the uses set forth in items (a)(3)(A) and (a)(7) through (9) of this Section without the CCB being subject to the restrictions set forth in subdivisions (a-5)(B) and (a-5)(E) of this Section.
Within 90 days after the receipt of an application for a beneficial use determination under this subsection (b), the Agency shall, in writing, approve, disapprove, or approve with conditions the beneficial use. Any disapproval or approval with conditions shall include the Agency's reasons for the disapproval or conditions. Failure of the Agency to issue a decision within 90 days shall constitute disapproval of the beneficial use request. These beneficial use determinations are subject to review under Section 40 of this Act.
Any approval of a beneficial use under this subsection (b) shall become effective upon the date of the Agency's written decision and remain in effect for a period of 5 years. If an applicant desires to continue a beneficial use after the expiration of the 5-year period, the applicant must submit an application for renewal no later than 90 days prior to the expiration. The beneficial use approval shall be automatically extended unless denied by the Agency in writing with the Agency's reasons for disapproval, or unless the Agency has requested an extension for review, in which case the use will continue to be allowed until an Agency determination is made.
Coal-combustion waste for which a beneficial use is approved pursuant to this subsection (b) shall be considered CCB during the effective period of the approval, as long as it is used in accordance with the approval and any conditions.
Notwithstanding the other provisions of this subsection (b), written beneficial use determination applications for the use of CCB at sites governed by the federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder, or by any law or rule or regulation adopted by the State of Illinois pursuant thereto, shall be reviewed and approved by the Office of Mines and Minerals within the Department of Natural Resources pursuant to 62 Ill. Adm. Code §§ 1700-1850. Further, appeals of those determinations shall be made pursuant to the Illinois Administrative Review Law.
The Board shall adopt rules establishing standards and procedures for the Agency's issuance of beneficial use determinations under this subsection (b). The Board rules may also, but are not required to, include standards and procedures for the revocation of the beneficial use determinations. Prior to the effective date of Board rules adopted under this subsection (b), the Agency is authorized to make beneficial use determinations in accordance with this subsection (b).
The Agency is authorized to prepare and distribute guidance documents relating to its administration of this Section. Guidance documents prepared under this subsection are not rules for the purposes of the Illinois Administrative Procedure Act.
(Source: P.A. 99-20, eff. 7-10-15.)
(415 ILCS 5/3.140) (was 415 ILCS 5/3.76)
Sec. 3.140. Coal combustion waste. "Coal combustion waste"
means any CCR or any fly ash, bottom ash, slag, or flue gas or fluid bed boiler
desulfurization by-products generated as a result of the combustion of:
(Source: P.A. 101-171, eff. 7-30-19.)
(415 ILCS 5/3.141)
Sec. 3.141. Notice of power plant demolition.
(a) If a demolition is conducted at a coal-fueled power plant, the owner of the coal-fueled power plant shall, at least 60 days before commencing the demolition or as otherwise required under State or federal law, notify the Agency and the public about the demolition and provide the Agency and the public with copies of any plans for the demolition. The notice shall comply with the following:
(b) In this Section, "public" means the population of a town, village, or city in the State of Illinois that is within 25 miles of a coal-fueled power plant at which demolition is to be conducted.
(Source: P.A. 102-631, eff. 8-27-21.)
(415 ILCS 5/3.142)
Sec. 3.142. Coal combustion residual; CCR. "Coal combustion residual" or "CCR" means fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers.
(Source: P.A. 101-171, eff. 7-30-19.)
(415 ILCS 5/3.143)
Sec. 3.143. CCR surface impoundment. "CCR surface impoundment" means a natural topographic depression, man-made excavation, or diked area, which is designed to hold an accumulation of CCR and liquids, and the unit treats, stores, or disposes of CCR.
(Source: P.A. 101-171, eff. 7-30-19.)
(415 ILCS 5/3.145) (was 415 ILCS 5/3.05)
Sec. 3.145.
Community water supply.
"Community water supply"
means a public water
supply which serves or is intended to serve at least 15 service connections
used by residents or regularly serves at least 25 residents.
"Non-community water supply" means a public water supply that is not
a community water supply. The requirements of this Act shall not apply
to non-community water supplies.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.150) (was 415 ILCS 5/3.69)
Sec. 3.150.
Compost.
"Compost" is defined as the humus-like
product of
the process of composting waste, which may be used as a soil conditioner.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.155) (was 415 ILCS 5/3.70)
Sec. 3.155.
Composting.
"Composting" means the biological
treatment
process by which microorganisms decompose the organic fraction of waste,
producing compost.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
Sec. 3.160. Construction or demolition debris.
(a) "General construction or demolition debris" means non-hazardous,
uncontaminated materials resulting from the construction, remodeling, repair,
and demolition of utilities, structures, and roads, limited to the following:
bricks, concrete, and other masonry materials; soil; rock; wood, including
non-hazardous painted, treated, and coated wood and wood products; wall
coverings; plaster; drywall; plumbing fixtures; non-asbestos insulation;
roofing shingles and other roof coverings; reclaimed or other asphalt pavement; glass;
plastics that are not sealed in a manner that conceals waste; electrical
wiring and components containing no hazardous substances; and corrugated cardboard, piping or metals
incidental to any of those materials.
General construction or demolition debris does not include uncontaminated
soil generated during construction, remodeling, repair, and demolition of
utilities, structures, and roads provided the uncontaminated soil is not
commingled with any general construction or demolition debris or other waste.
To the extent allowed by federal law, uncontaminated concrete with protruding rebar shall be considered clean construction or demolition debris and shall not be considered "waste" if it is separated or processed and returned to the economic mainstream in the form of raw materials or products within 4 years of its generation, if it is not speculatively accumulated and, if used as a fill material, it is used in accordance with item (i) in subsection (b) of this Section.
(a-1) "General construction or demolition debris recovery facility" means a site or facility used to store or treat exclusively general construction or demolition debris, including, but not limited to, sorting, separating, or transferring, for recycling, reclamation, or reuse. For purposes of this definition, treatment includes altering the physical nature of the general construction or demolition debris, such as by size reduction, crushing, grinding, or homogenization, but does not include treatment designed to change the chemical nature of the general construction or demolition debris.
(b) "Clean construction or demolition debris" means
uncontaminated broken concrete without protruding metal bars, bricks, rock,
stone, reclaimed or other asphalt pavement, or soil generated from construction or
demolition activities.
Clean construction or demolition debris does not include uncontaminated soil
generated during construction, remodeling, repair, and demolition of utilities,
structures, and roads provided the uncontaminated soil is not commingled with
any clean construction or demolition debris or other waste.
To the extent allowed by federal law, clean construction or demolition debris
shall not be considered "waste" if it is (i) used as fill material outside of a setback zone if the fill is placed no higher than the
highest point of elevation existing prior to the filling immediately adjacent
to the fill area, and if covered by sufficient uncontaminated soil to
support vegetation within 30 days of the completion of filling or if covered
by a road or structure, and, if used as fill material in a current or former quarry, mine, or other excavation, is used in accordance with the requirements of Section 22.51 of this Act and the rules adopted thereunder or (ii) separated or processed and returned to the
economic mainstream in the form of raw materials or products, if it is not
speculatively accumulated and, if used as a fill material, it is used in
accordance with item (i), or (iii) solely
broken concrete without protruding metal bars used for erosion control, or
(iv) generated from the construction or demolition of a building, road, or
other structure and used to construct, on the site where the construction or
demolition has taken place, a manmade
functional structure not to exceed 20 feet above the highest point of
elevation of the property immediately adjacent to the new manmade functional
structure as that elevation existed prior to the creation of that new
structure,
provided that the structure shall be covered with sufficient soil
materials to sustain vegetation or by a road or structure, and further
provided that no such structure shall be constructed within
a home rule municipality with a population over 500,000 without the consent
of the municipality.
For purposes of this subsection (b), reclaimed or other asphalt pavement shall not be considered speculatively accumulated if: (i) it is not commingled with any other clean construction or demolition debris or any waste; (ii) it is returned to the economic mainstream in the form of raw materials or products within 4 years after its generation; (iii) at least 25% of the total amount present at a site during a calendar year is transported off of the site during the next calendar year; and (iv) if used as a fill material, it is used in accordance with item (i) of the second paragraph of this subsection (b).
(c) For purposes of this Section, the term "uncontaminated soil" means soil that does not contain contaminants in concentrations that pose a threat to human health and safety and the environment.
(415 ILCS 5/3.165) (was 415 ILCS 5/3.06)
Sec. 3.165.
Contaminant.
"Contaminant" is any solid, liquid,
or gaseous matter, any odor, or any form of energy, from whatever source.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.170) (was 415 ILCS 5/3.63)
Sec. 3.170.
Contamination; contaminate.
"Contamination" or
"contaminate", when used in connection with groundwater, means water pollution
of such groundwater.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.175) (was 415 ILCS 5/3.80)
Sec. 3.175.
Criterion.
"Criterion" means the numerical
concentration of one or more toxic substances calculated by the Agency as a
basis for establishing
a permit limitation or violation of a water quality standard pursuant to
standards and procedures provided for in board regulations.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.180) (was 415 ILCS 5/3.07)
Sec. 3.180. Department. "Department", when a particular entity
is not
specified, means (i) in the case of a function to be performed on or after July
1, 1995 (the effective date of the Department of Natural Resources Act), either
the Department of Natural Resources or the Department of Commerce and Economic Opportunity (formerly Department of Commerce and Community
Affairs), whichever, in the specific context, is the successor to the Department
of Energy and Natural Resources under the Department of Natural Resources Act;
or (ii) in the case of a function performed before July 1, 1995, the former
Illinois Department of Energy and Natural Resources.
(Source: P.A. 94-793, eff. 5-19-06.)
(415 ILCS 5/3.185) (was 415 ILCS 5/3.08)
Sec. 3.185.
Disposal.
"Disposal" means the discharge, deposit,
injection, dumping, spilling, leaking or placing of any waste or hazardous
waste into or on any land or water or into any well so that such waste or
hazardous waste or any constituent thereof may enter the environment or be
emitted into the air or discharged into any waters, including ground waters.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.190) (was 415 ILCS 5/3.09)
Sec. 3.190.
Existing fuel combustion stationary emission source.
"Existing
fuel combustion stationary emission source" means
any stationary furnace, boiler, oven, or similar equipment used
for the primary purpose of producing heat or power, of a type capable of
emitting specified air contaminants to the atmosphere, the construction or
modification of which commenced prior to April 13, 1972.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.195) (was 415 ILCS 5/3.10)
Sec. 3.195.
Fluid.
"Fluid" means material or substance which
flows or moves whether in a semi-solid, liquid, sludge, gas or any other form
or state.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.197)
Sec. 3.197. Food scrap. "Food scrap" means garbage that is (i) capable of being decomposed into compost by composting, (ii) separated by the generator from other waste, including, but not limited to, garbage that is not capable of being decomposed into compost by composting, and (iii) managed separately from other waste, including, but not limited to, garbage that is not capable of being decomposed into compost by composting. "Food scrap" includes, but is not limited to, packaging, utensils, and food containers composed of readily biodegradable material. For the purposes of this Section, packaging, utensils, and food containers are readily biodegradable if they meet the ASTM D6400 standard.
(Source: P.A. 96-418, eff. 1-1-10.)
(415 ILCS 5/3.200) (was 415 ILCS 5/3.11)
Sec. 3.200.
Garbage.
"Garbage" is waste resulting from the
handling, processing, preparation, cooking, and consumption of food, and
wastes from the handling, processing, storage, and sale of produce.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.205) (was 415 ILCS 5/3.12)
Sec. 3.205.
Generator.
"Generator" means any person whose act
or process produces waste.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.207)
Sec. 3.207. Greenhouse gases. "Greenhouse gases" or "GHG" means the air pollutant defined in 40 CFR 86.1818-12(a) as the aggregate group of 6 greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
(Source: P.A. 97-95, eff. 7-12-11.)
(415 ILCS 5/3.210) (was 415 ILCS 5/3.64)
Sec. 3.210.
Groundwater.
"Groundwater" means underground water
which occurs within the saturated zone and geologic materials where the fluid
pressure in the pore space is equal to or greater than atmospheric pressure.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.215) (was 415 ILCS 5/3.14)
Sec. 3.215.
Hazardous substance.
"Hazardous substance" means: (A) any substance
designated pursuant to Section 311(b)(2)(A) of the Federal Water Pollution
Control Act (P.L. 92-500), as amended, (B) any element, compound, mixture,
solution, or substance designated pursuant to Section 102 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (P.L.
96-510), as amended, (C) any hazardous waste, (D) any toxic pollutant
listed under Section 307(a) of the Federal Water Pollution Control Act
(P.L. 92-500), as amended, (E) any hazardous air pollutant listed under
Section 112 of the Clean Air Act (P.L. 95-95), as amended, (F) any
imminently hazardous chemical substance or mixture with respect to which
the Administrator of the U.S. Environmental Protection Agency has taken
action pursuant to Section 7 of the Toxic Substances Control Act (P.L.
94-469), as amended. The term does not include petroleum, including crude
oil or any fraction thereof which is not otherwise specifically listed or
designated as a hazardous substance under subparagraphs (A) through (F) of
this paragraph, and the term does not include natural gas, natural gas
liquids, liquefied natural gas, or synthetic gas usable for fuel or
mixtures of natural gas and such synthetic gas.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.220) (was 415 ILCS 5/3.15)
Sec. 3.220.
Hazardous waste.
"Hazardous waste" means a waste,
or combination of
wastes, which because of its quantity, concentration, or physical, chemical,
or infectious characteristics may cause or significantly contribute to an
increase in mortality or an increase in serious, irreversible, or
incapacitating reversible, illness; or pose a substantial present or
potential hazard to human health or the environment when improperly
treated, stored, transported, or disposed of, or otherwise managed, and
which has been identified, by characteristics or listing, as hazardous
pursuant to Section 3001 of the Resource Conservation and Recovery Act
of 1976, P.L. 94-580, or pursuant to Board regulations.
Potentially infectious medical waste is not a hazardous waste, except for
those potentially infectious medical wastes identified by characteristics
or listing as hazardous under Section 3001 of the Resource Conservation
and Recovery Act of 1976, P.L. 94-580, or pursuant to Board regulations.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.225) (was 415 ILCS 5/3.16)
Sec. 3.225.
Hazardous waste disposal site.
"Hazardous waste
disposal site" is a site at which hazardous waste is disposed.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.230) (was 415 ILCS 5/3.89)
Sec. 3.230.
Household waste.
"Household waste" means any solid
waste (including
garbage, trash, and sanitary waste in septic tanks) derived from households
(including single and multiple residences, hotels and motels, bunkhouses,
ranger stations, crew quarters, campgrounds, picnic grounds, and day-use
recreation areas).
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.235) (was 415 ILCS 5/3.17)
Sec. 3.235.
Industrial process waste.
"Industrial process
waste" means any liquid,
solid, semi-solid, or gaseous waste generated as a direct or indirect result
of the manufacture of a product or the performance of a service. Any such
waste which would pose a present or potential threat to human health or to
the environment or with inherent properties which make the disposal of such
waste in a landfill difficult to manage by normal means is an industrial
process waste. "Industrial Process Waste" includes but is not limited to
spent pickling liquors, cutting oils, chemical catalysts, distillation
bottoms, etching acids, equipment cleanings, paint sludges, incinerator
ashes (including but not limited to ash resulting from the incineration of
potentially infectious medical waste), core sands, metallic dust sweepings,
asbestos dust, and off-specification, contaminated or recalled wholesale or
retail products. Specifically excluded are uncontaminated packaging
materials, uncontaminated machinery components, general household waste,
landscape waste and construction or demolition debris.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.240) (was 415 ILCS 5/3.18)
Sec. 3.240.
Intermittent control system.
"Intermittent control
system" is a system which
provides for the planned reduction of source emissions of sulfur dioxide during
periods when meteorological conditions are such, or are anticipated to be such,
that sulfur dioxide ambient air quality standards may be violated unless such
reductions are made.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.245) (was 415 ILCS 5/3.72)
Sec. 3.245.
Label.
"Label" means the written, printed or
graphic matter on or attached to the pesticide or device or any of its
containers or wrappings.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.250) (was 415 ILCS 5/3.73)
Sec. 3.250.
Labeling.
"Labeling" means the label and all other
written, printed or graphic matters: (a) on the pesticide or device or any of
its containers or wrappings, (b) accompanying the pesticide or device or
referring to it in any other media used to disseminate information to the
public, (c) to which reference is made to the pesticide or device except
when references are made to current official publications of the U. S.
Environmental Protection Agency, Departments of Agriculture, Health
and Human Services or other Federal Government institutions, the state
experiment station or colleges of agriculture or other similar state
institution authorized to conduct research in the field of pesticides.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.255) (was 415 ILCS 5/3.79)
Sec. 3.255.
Land form.
"Land form" means a manmade above-grade
mound, less than 50 feet in height, covered with sufficient soil materials
to sustain vegetation.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.260) (was 415 ILCS 5/3.19)
Sec. 3.260.
Landfill gas recovery facility.
"Landfill gas
recovery facility" means any facility which recovers and processes landfill
gas from a sanitary landfill or waste disposal site.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.265) (was 415 ILCS 5/3.75)
Sec. 3.265.
Landfill waste.
"Landfill waste" is waste from
a closed pollution control facility, closed dumping site, closed sanitary
landfill, or a closed waste disposal site; provided however, "landfill waste"
shall not include waste removed by or pursuant to the authority of the State
or a unit of local government from the public way or household waste removed
by or pursuant to the authority of the State or a unit of local government
from any unauthorized open dumping site.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.270) (was 415 ILCS 5/3.20)
Sec. 3.270.
Landscape waste.
"Landscape waste" means all
accumulations of grass or shrubbery cuttings, leaves, tree limbs and other
materials accumulated as the result of the care of lawns, shrubbery, vines and
trees.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.275) (was 415 ILCS 5/3.88)
Sec. 3.275.
Lateral expansion.
"Lateral expansion" means a
horizontal expansion of
the actual waste boundaries of an existing MSWLF unit occurring on or after
October 9, 1993. For purposes of this Section, a horizontal expansion is any
area where solid waste is placed for the first time directly upon the bottom
liner of the unit, excluding side slopes, on or after October 9, 1993.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.280) (was 415 ILCS 5/3.92)
Sec. 3.280.
Lawncare wash water containment area.
"Lawncare wash water containment area" means an
area utilized for the capture of spills or washing or rinsing of pesticide
residues from vehicles, application equipment, mixing equipment, floors,
loading areas, or other items used for the storage, handling, preparation
for use, transport, or application of pesticides to land areas covered with
turf kept closely mown or land area covered with turf and trees or shrubs.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.282)
Sec. 3.282. Livestock waste. "Livestock waste" means "livestock waste" as defined in the Livestock Management Facilities Act.
(Source: P.A. 96-418, eff. 1-1-10.)
(415 ILCS 5/3.283)
Sec. 3.283. Mercury relay. "Mercury relay" means a product or device, containing mercury added during its manufacture, that opens or closes electrical contacts to effect the operation of other devices in the same or another electrical circuit. "Mercury relay" includes, but is not limited to, mercury displacement relays, mercury wetted reed relays, and mercury contact relays.
(Source: P.A. 93-964, eff. 8-20-04.)
(415 ILCS 5/3.284)
Sec. 3.284. Mercury switch. "Mercury switch" means a product or device, containing mercury added during its manufacture, that opens or closes an electrical circuit or gas valve, or makes, breaks, or changes the connection in an electrical circuit, including, but not limited to, mercury float switches actuated by rising or falling liquid levels, mercury tilt switches actuated by a change in the switch position, mercury pressure switches actuated by a change in pressure, mercury temperature switches actuated by a change in temperature, and mercury flame sensors.
(Source: P.A. 97-459, eff. 7-1-12.)
(415 ILCS 5/3.285) (was 415 ILCS 5/3.85, 3.86, and 3.87)
Sec. 3.285.
Municipal Solid Waste Landfill Unit; MSWLF unit.
"Municipal Solid Waste Landfill Unit" or "MSWLF unit" means
a contiguous area of land or an excavation that receives household
waste, and that is not a land application unit, surface impoundment, injection
well, or any pile of noncontainerized accumulations of solid, nonflowing waste
that is used for treatment or storage. A MSWLF unit may also receive other
types of RCRA Subtitle D wastes, such as commercial solid waste, nonhazardous
sludge, small quantity generator waste and industrial solid waste. Such a
landfill may be publicly or privately owned. A MSWLF unit may be a new MSWLF
unit, an existing MSWLF unit, or a lateral expansion. A sanitary landfill is
subject to regulation as a MSWLF unit if it receives household waste.
"New MSWLF unit" means any municipal solid waste landfill
unit that receives household waste on or after October 9, 1993, for the first
time.
"Existing MSWLF unit" means any municipal solid waste
landfill unit that has received solid waste before October 9, 1993.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.290) (was 415 ILCS 5/3.21)
Sec. 3.290.
Municipal waste.
"Municipal waste" means garbage,
general household and commercial waste, industrial lunchroom or office waste,
landscape waste, and construction or demolition debris.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.295) (was 415 ILCS 5/3.22)
Sec. 3.295.
Municipality.
"Municipality" means any city,
village or incorporated town.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.298)
Sec. 3.298. Nonattainment new source review (NA NSR) permit. "Nonattainment New Source Review permit" or "NA NSR permit" means a permit or a portion of a permit for a new major source or major modification that is issued by the Illinois Environmental Protection Agency under the construction permit program pursuant to subsection (c) of Section 9.1 that has been approved by the United States Environmental Protection Agency and incorporated into the Illinois State Implementation Plan to implement the requirements of Section 173 of the Clean Air Act and 40 CFR 51.165.
(Source: P.A. 99-463, eff. 1-1-16.)
(415 ILCS 5/3.300) (was 415 ILCS 5/3.23)
Sec. 3.300.
Open burning.
"Open burning" is the combustion of
any matter in the open or in an open dump.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.305) (was 415 ILCS 5/3.24)
Sec. 3.305.
Open dumping.
"Open dumping" means the
consolidation of refuse from one or more sources at a disposal site
that does not fulfill the requirements of a sanitary landfill.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.310) (was 415 ILCS 5/3.25)
Sec. 3.310.
Organized amateur or professional sporting activity.
"Organized amateur or professional sporting activity" means
an activity or event carried out at a facility by persons
who engaged in that activity as a business or for education, charity or
entertainment for the general public, including all necessary actions and
activities associated with such an activity. This definition includes, but is
not limited to, (i) rifle and pistol ranges, licensed shooting preserves, and
skeet, trap or shooting sports clubs in existence prior to January 1, 1994,
(ii) public hunting areas operated by a governmental entity, (iii) organized
motor sports, and (iv) sporting events organized or controlled by school
districts, units of local government, state agencies, colleges, universities,
or professional sports clubs offering exhibitions to the public.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.315) (was 415 ILCS 5/3.26)
Sec. 3.315.
Person.
"Person" is any individual, partnership,
co-partnership, firm, company, limited liability company, corporation,
association, joint stock company, trust, estate, political subdivision, state
agency, or any other legal entity, or their legal representative, agent or
assigns.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.320) (was 415 ILCS 5/3.71)
Sec. 3.320.
Pesticide.
"Pesticide" means any substance or
mixture of substances intended for preventing, destroying, repelling, or
mitigating any pest or any substance or mixture of substances intended for
use as a plant regulator, defoliant or desiccant.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.325) (was 415 ILCS 5/3.74)
Sec. 3.325.
Pesticide release.
"Pesticide release" or "release
of a pesticide"
means any release resulting in a concentration of pesticides in waters of the
State which exceeds levels for which: (1) a Maximum Contaminant Level (MCL)
has been promulgated by the U. S. Environmental Protection Agency or a Maximum
Allowable Concentration (MAC) has been promulgated by the Board pursuant to the
Safe Drinking Water Act (P.L. 93-523), as amended; or (2) a Health Advisory
used on an interim basis has been issued by the U. S. Environmental Protection
Agency; or (3) a standard has been adopted by the Board pursuant to the
Illinois Groundwater Protection Act; or (4) in the absence of such advisories
or standards, an action level has been developed by the Agency using guidance
or procedures issued by the federal government for developing health based
levels.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
Sec. 3.330. Pollution control facility.
(a) "Pollution control facility" is any waste storage site, sanitary
landfill, waste disposal site, waste transfer station, waste treatment
facility, or waste incinerator. This includes sewers, sewage treatment
plants, and any other facilities owned or operated by sanitary districts
organized under the Metropolitan Water Reclamation District Act.
The following are not pollution control facilities:
(b) A new pollution control facility is:
(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21; 102-813, eff. 5-13-22.)
(415 ILCS 5/3.335) (was 415 ILCS 5/3.27)
Sec. 3.335.
Pollution control waste.
"Pollution control waste"
means any liquid, solid, semi-solid or gaseous waste generated as a direct
or indirect result of the removal of contaminants from the air,
water or land, and which pose a present or potential threat
to human health or to the environment or with inherent
properties which make the disposal of such waste in a landfill
difficult to manage by normal means. "Pollution control waste"
includes but is not limited to water and wastewater treatment
plant sludges, baghouse dusts, landfill waste, scrubber sludges
and chemical spill cleanings.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.340) (was 415 ILCS 5/3.65)
Sec. 3.340.
Potable.
"Potable" means generally fit for human
consumption in accordance with accepted water supply principles and practices.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.345) (was 415 ILCS 5/3.59)
Sec. 3.345.
Potential primary source.
"Potential primary
source" means any unit at a facility or site not currently subject to a
removal or remedial action which:
A new potential primary source is:
Construction shall be deemed commenced when all necessary federal,
State and local approvals have been obtained, and work at the site has been
initiated and proceeds in a reasonably continuous manner to completion.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.350) (was 415 ILCS 5/3.58)
Sec. 3.350. Potential route. "Potential route" means abandoned
and improperly plugged wells of all kinds, drainage wells, all injection wells,
including closed loop heat pump wells, and any excavation for the discovery,
development or production of stone, sand or gravel. This term does not include closed loop heat pump wells using USP food grade propylene glycol.
A new potential route is:
Construction shall be deemed commenced when all necessary federal,
State and local approvals have been obtained, and work at the site has been
initiated and proceeds in a reasonably continuous manner to completion.
(Source: P.A. 94-1048, eff. 1-1-07.)
(415 ILCS 5/3.355) (was 415 ILCS 5/3.60)
Sec. 3.355.
Potential secondary source.
"Potential secondary
source" means any unit at a facility or a site not currently subject to a
removal or remedial action, other than a potential primary source, which:
Construction shall be deemed commenced when all necessary federal,
State and local approvals have been obtained, and work at the site has been
initiated and proceeds in a reasonably continuous manner to completion.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.360) (was 415 ILCS 5/3.84)
Sec. 3.360. Potentially infectious medical waste.
(a) "Potentially infectious medical waste" means
the following types of waste generated in connection with the diagnosis,
treatment (i.e., provision of medical services), or immunization of
human beings or animals; research pertaining to the provision of medical
services; or the production or testing of biologicals:
(b) Potentially infectious medical waste does not include:
(415 ILCS 5/3.363)
Sec. 3.363. Prevention of significant deterioration (PSD) permit. "Prevention of Significant Deterioration permit" or "PSD permit" means a permit or the portion of a permit for a new major source or major modification that is issued by the Illinois Environmental Protection Agency under the construction permit program pursuant to subsection (c) of Section 9.1 that has been approved by the United States Environmental Protection Agency and incorporated into the Illinois State Implementation Plan to implement the requirements of Section 165 of the Clean Air Act and 40 CFR 51.166.
(Source: P.A. 99-463, eff. 1-1-16.)
(415 ILCS 5/3.365) (was 415 ILCS 5/3.28)
Sec. 3.365.
Public water supply.
"Public water supply" means
all mains, pipes and
structures through which water is obtained and distributed to the public,
including wells and well structures, intakes and cribs, pumping stations,
treatment plants, reservoirs, storage tanks and appurtenances,
collectively or severally, actually used or intended for use for the
purpose of furnishing water for drinking or general domestic use and which
serve at least 15 service connections or which regularly serve at least
25 persons at least 60 days per year. A public water supply is either a
"community water supply" or a "non-community water supply".
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.370) (was 415 ILCS 5/3.29)
Sec. 3.370.
RCRA permit.
"RCRA permit" means a permit issued
by the Agency pursuant to authorization received by the Agency from the United
States Environmental Protection Agency under Subtitle C of the Resource
Conservation and Recovery Act of 1976, (P.L. 94-580) (RCRA) and which meets
the requirements of Section 3005 of RCRA and of this Act.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.375) (was 415 ILCS 5/3.81)
Sec. 3.375.
Recycling center.
"Recycling center" means a
site or facility that accepts only segregated, nonhazardous, nonspecial,
homogeneous, nonputrescible materials, such as dry paper, glass, cans or
plastics, for subsequent use in the secondary materials market.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.380) (was 415 ILCS 5/3.30)
Sec. 3.380.
Recycling, reclamation or reuse.
"Recycling, reclamation or reuse" means a method,
technique, or process designed to remove any contaminant from waste so as to
render such waste reusable, or any process by which materials that would
otherwise be disposed of or discarded are collected, separated or processed
and returned to the economic mainstream in the form of raw materials or
products.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.385) (was 415 ILCS 5/3.31)
Sec. 3.385.
Refuse.
"Refuse" means waste.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.390) (was 415 ILCS 5/3.67)
Sec. 3.390.
Regulated recharge area.
"Regulated recharge area"
means a compact geographic area, as determined by the Board, the geology of
which renders a potable resource groundwater particularly susceptible to
contamination.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.395) (was 415 ILCS 5/3.33)
Sec. 3.395.
Release.
"Release" means any spilling, leaking,
pumping, pouring, emitting, emptying, discharging, injecting, escaping,
leaching, dumping, or disposing into the environment, but excludes (a) any
release which results in exposure to persons solely within a workplace, with
respect to a claim which such persons may assert against the employer of such
persons; (b) emissions from the engine exhaust of a motor vehicle, rolling
stock, aircraft, vessel, or pipeline pumping station engine; (c) release of
source, byproduct, or special nuclear material from a nuclear incident, as
those terms are defined in the Atomic Energy Act of 1954, if such release
is subject to requirements with respect to financial protection established
by the Nuclear Regulatory Commission under Section 170 of such Act; and (d)
the normal application of fertilizer.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.400) (was 415 ILCS 5/3.34)
Sec. 3.400.
Remedial action.
"Remedial action" means those
actions consistent
with permanent remedy taken instead of or in addition to removal actions in
the event of a release or threatened release of a hazardous substance into the
environment, to prevent or minimize the release of hazardous substances so that
they do not migrate to cause substantial danger to present or future public
health or welfare or the environment. The term includes, but is not limited
to, such actions at the location of the release as storage,
confinement, perimeter protection using dikes, trenches, or ditches, clay
cover, neutralization, cleanup of released hazardous substances or
contaminated materials, recycling or reuse, diversion destruction,
segregation of reactive wastes, dredging or excavations, repair or
replacement of leaking containers, collection of leachate and runoff,
onsite treatment or incineration, provision of alternative
water supplies, and any monitoring reasonably required to assure that such
actions protect the public health and welfare and the environment. The
term includes the costs of permanent relocation of residents and businesses
and community facilities where the Governor and the Director determine
that, alone or in combination with other measures, such relocation is more
cost-effective than and environmentally preferable to the transportation,
storage, treatment, destruction, or secure disposition offsite of hazardous
substances, or may otherwise be necessary to protect the public health or
welfare. The term includes offsite transport of
hazardous substances,
or the storage, treatment, destruction, or secure disposition offsite of
such hazardous substances or contaminated materials.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.405) (was 415 ILCS 5/3.35)
Sec. 3.405.
Remove; removal.
"Remove" or "removal" means the
cleanup or removal of released hazardous substances from the environment,
actions as may be necessary taken in the event of the threat of release of
hazardous substances into the environment, actions as may be necessary to
monitor, assess, and evaluate the release or threat of release of hazardous
substances, the disposal of removed material, or the taking of other
actions as may be necessary to prevent, minimize, or mitigate damage to the
public health or welfare or the environment, that may otherwise result
from a release or threat of release. The term includes, in addition,
without being limited to, security fencing or other measures to limit
access, provision of alternative water supplies, temporary evacuation and
housing of threatened individuals, and any emergency assistance that may
be provided under the Illinois Emergency Management Agency Act or any other
law.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.410) (was 415 ILCS 5/3.36)
Sec. 3.410.
Re-refined oil.
"Re-refined oil" means any oil
which has been refined from used oil meeting substantially the same standards
as new oil.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.415) (was 415 ILCS 5/3.37)
Sec. 3.415.
Resident.
"Resident" means a person who dwells or
has a place of abode which is occupied by that person for 60 days or more each
calendar year.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.420) (was 415 ILCS 5/3.38)
Sec. 3.420.
Resource conservation.
"Resource conservation"
means reduction of the amounts of waste that are generated, reduction of
overall resource consumption and the utilization of recovered resources.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.425) (was 415 ILCS 5/3.90)
Sec. 3.425.
Resource Conservation and Recovery Act; RCRA.
"Resource Conservation and Recovery Act" or "RCRA" means the Resource
Conservation and Recovery Act of 1976 (P.L. 94-580), as amended.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.430) (was 415 ILCS 5/3.66)
Sec. 3.430.
Resource groundwater.
"Resource groundwater" means
groundwater that is presently being or in the future capable of being put to
beneficial use by reason of being of suitable quality.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.435) (was 415 ILCS 5/3.39)
Sec. 3.435.
Resource recovery.
"Resource recovery" means the
recovery of material or energy from waste.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.440) (was 415 ILCS 5/3.40)
Sec. 3.440.
Respond; response.
"Respond" or "response" means
remove, removal, remedy, and remedial action.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.445) (was 415 ILCS 5/3.41)
Sec. 3.445.
Sanitary landfill.
"Sanitary landfill" means a facility permitted by the Agency for
the disposal of waste on land meeting the requirements of the Resource
Conservation and Recovery Act, P.L. 94-580, and regulations thereunder,
and without creating nuisances or hazards to public health or safety, by
confining the refuse to the smallest practical volume and covering it
with a layer of earth at the conclusion of each day's operation, or by
such other methods and intervals as the Board may provide by regulation.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.450) (was 415 ILCS 5/3.61)
Sec. 3.450.
Setback zone.
"Setback zone" means a geographic area, designated
pursuant to this Act, containing a potable water supply well or a potential
source or potential route, having a continuous boundary, and within which
certain prohibitions or regulations are applicable in order to protect
groundwaters.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.455) (was 415 ILCS 5/3.42)
Sec. 3.455.
Sewage works.
"Sewage works" means individually or collectively
those constructions or devices used for collecting, pumping, treating, and
disposing of sewage, industrial waste or other wastes or for the recovery of
by-products from such wastes.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.458)
Sec. 3.458. Sharps collection station.
(a) "Sharps collection station" means a designated area at an applicable
facility where (i) hypodermic, intravenous, or other medical needles or syringes or other sharps, or (ii) medical household waste containing
medical sharps, including, but not limited to, hypodermic, intravenous, or
other medical needles or syringes or other sharps, are collected
for transport, storage, treatment, transfer, or disposal.
(b) For purposes of this Section, "applicable facility" means any of the
following:
(Source: P.A. 94-641, eff. 8-22-05.)
(415 ILCS 5/3.460) (was 415 ILCS 5/3.43)
Sec. 3.460.
Site.
"Site" means any location, place, tract of land,
and facilities, including but not limited to buildings, and improvements used
for purposes subject to regulation or control by this Act or regulations
thereunder.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.465) (was 415 ILCS 5/3.44)
Sec. 3.465.
Sludge.
"Sludge" means any solid, semi-solid, or
liquid waste generated from a municipal, commercial, or industrial wastewater
treatment plant, water supply treatment plant, or air pollution control
facility or any other such waste having similar characteristics and effects.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.470) (was 415 ILCS 5/3.82)
Sec. 3.470.
Solid waste.
"Solid waste" means waste.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.475) (was 415 ILCS 5/3.45)
Sec. 3.475.
Special waste.
"Special waste" means any of the
following:
(a) potentially infectious medical waste;
(b) hazardous waste, as determined in conformance with RCRA hazardous waste
determination requirements set forth in Section 722.111 of Title 35 of the
Illinois Administrative Code, including a
residue from burning or processing hazardous waste in a boiler or industrial
furnace unless the residue has been tested in accordance with Section 726.212
of Title 35 of the Illinois Administrative Code and proven to be nonhazardous;
(c) industrial process waste or pollution control waste, except:
"Special waste" does not mean fluorescent and high intensity discharge
lamps as defined in subsection (a) of Section 22.23a
of this Act, waste that is managed in
accordance with the universal waste requirements set forth in Title 35 of the
Illinois Administrative Code, Subtitle G, Chapter I, Subchapter c, Part 733, or
waste that is subject to rules adopted pursuant to subsection (c)(2) of Section
22.23a of this Act.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.480) (was 415 ILCS 5/3.46)
Sec. 3.480.
Storage.
"Storage" means the containment of waste,
either on a temporary basis or for a period of years, in such a manner as not
to constitute disposal.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.485) (was 415 ILCS 5/3.47)
Sec. 3.485.
Storage site.
"Storage site" is a site at which
waste is stored. "Storage site" includes transfer stations but does
not include (i) a site that accepts or receives waste in transfer containers
unless the waste is removed from the transfer container or unless the transfer
container becomes stationary, en route to a disposal, treatment, or storage
facility for more than 5 business days, or (ii) a site that accepts or receives
open top units containing only clean construction and demolition debris, or
(iii) a site that stores waste on a refuse motor vehicle
or in the vehicle's detachable refuse receptacle for no more than 24
hours, excluding Saturdays, Sundays, and holidays, but only if the
detachable refuse receptacle is completely covered
or enclosed and is stored on the same site as the refuse motor vehicle that
transported the receptacle to the site.
Nothing in this Section shall be construed to be less stringent than or
inconsistent with the provisions of the federal Resource Conservation and
Recovery Act of 1976 (P.L. 94-480) or regulations adopted under it.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.487)
Sec. 3.487. Surface discharging private sewage disposal system. "Surface discharging private sewage disposal system" means a sewage disposal system that discharges into the waters of the United States, as that term is used in the Federal Water Pollution Control Act.
(Source: P.A. 96-801, eff. 1-1-10.)
(415 ILCS 5/3.488)
Sec. 3.488. Time-limited water quality standard. "Time-limited water quality standard" has the meaning ascribed to the term "water quality standards variance" in 40 CFR 131.3(o).
(Source: P.A. 99-937, eff. 2-24-17.)
(415 ILCS 5/3.490) (was 415 ILCS 5/3.48)
Sec. 3.490.
Trade secret.
"Trade secret" means the whole or
any portion or phase of any scientific or technical information, design,
process (including a manufacturing process), procedure, formula or improvement,
or business plan which is secret in that it has not been published or
disseminated or otherwise become a matter of general public knowledge, and
which has competitive value. A trade secret is presumed to be secret when the
owner thereof takes reasonable measures to prevent it from becoming available
to persons other than those selected by the owner to have access thereto for
limited purposes.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.495) (was 415 ILCS 5/3.48-5)
Sec. 3.495.
Transfer container.
"Transfer container" means a
reusable transportable shipping container that is completely covered
or enclosed, that has a volume of not less than 250 cubic feet based on the
external dimensions, and that is constructed and maintained to protect the
container contents (which may include smaller containers that are or are not
transfer containers) from water, rain, and wind, to prevent the
free movement of rodents and vectors into or out of the container,
and to prevent leaking from the container.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.500) (was 415 ILCS 5/3.83)
Sec. 3.500.
Transfer station.
"Transfer station" means a site
or facility that
accepts waste for temporary storage or consolidation and further transfer to a
waste disposal, treatment or storage facility. "Transfer station" includes
a site where waste is transferred from (1) a rail carrier to a motor vehicle
or water carrier; (2) a water carrier to a rail carrier or motor vehicle;
(3) a motor vehicle to a rail carrier, water carrier or motor vehicle; (4)
a rail carrier to a rail carrier, if the waste is removed from a rail car;
or (5) a water carrier to a water carrier, if the waste is removed from a
vessel.
"Transfer station" does not include (i) a site where waste is not removed
from the transfer container, or (ii) a site that accepts or receives open top
units containing only clean construction and demolition debris, or (iii) a site
that stores waste on a refuse motor vehicle
or in the vehicle's detachable refuse receptacle for no more than 24
hours, excluding Saturdays, Sundays, and holidays, but only if the
detachable refuse receptacle is completely covered
or enclosed and is stored on the same site as the refuse motor vehicle that
transported the receptacle to the site.
Nothing in this Section shall be construed to be less stringent than or
inconsistent with the provisions of the federal Resource Conservation and
Recovery Act of 1976 (P.L. 94-480) or regulations adopted under it.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.505) (was 415 ILCS 5/3.49)
Sec. 3.505.
Treatment.
"Treatment" means any method,
technique or process, including
neutralization, designed to change the physical, chemical, or biological
character or composition of any waste so as to neutralize it or render it
nonhazardous, safer for transport, amenable for recovery, amenable for
storage, or reduced in volume. Such term includes any activity or
processing designed to change the physical form or chemical composition of
hazardous waste so as to render it nonhazardous.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.510) (was 415 ILCS 5/3.50)
Sec. 3.510.
Underground injection.
"Underground injection"
means the subsurface emplacement of fluids by well injection.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.515) (was 415 ILCS 5/3.62)
Sec. 3.515.
Unit.
"Unit" means any device, mechanism,
equipment, or area (exclusive of land utilized only for agricultural
production). This term includes secondary containment structures and their
contents at agrichemical facilities.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.520) (was 415 ILCS 5/3.51)
Sec. 3.520.
Used oil.
"Used oil" means any oil which has been refined from crude oil or
refined from used oil, has been used, and as a result of such use has been
contaminated by physical or chemical impurities, except that "used oil"
shall not include that type of oil generated on farmland property devoted
to agricultural use and used on that property for heating or burning.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.525) (was 415 ILCS 5/3.91)
Sec. 3.525.
Vegetable by-products.
"Vegetable by-products" means any waste consisting
solely of the unused portion of fruits and vegetables, associated solids, and
process water resulting from any commercial canning, freezing, preserving or
other processing of fruits and vegetables. Vegetable by-products are not
special wastes.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.530) (was 415 ILCS 5/3.52)
Sec. 3.530.
Virgin oil.
"Virgin oil" means any oil which
has been refined from crude oil which may or may not contain additives and
has not been used.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.535) (was 415 ILCS 5/3.53)
Sec. 3.535.
Waste.
"Waste" means any garbage, sludge from a waste treatment plant,
water supply treatment plant, or air pollution control facility or other
discarded material, including solid, liquid, semi-solid, or contained
gaseous material resulting from industrial, commercial, mining and
agricultural operations, and from community activities, but does not
include solid or dissolved material in domestic sewage, or solid or
dissolved materials in irrigation return flows, or coal combustion
by-products as defined in Section 3.135, or industrial
discharges which are point sources subject to permits under Section
402 of the Federal Water Pollution Control Act, as now or hereafter
amended, or source, special nuclear, or by-product materials as
defined by the Atomic Energy Act of 1954, as amended (68 Stat. 921)
or any solid or dissolved material from any facility subject to
the Federal Surface Mining Control and Reclamation Act of 1977 (P.L.
95-87) or the rules and regulations thereunder or any law or rule or
regulation adopted by the State of Illinois pursuant thereto.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.540) (was 415 ILCS 5/3.54)
Sec. 3.540.
Waste disposal site.
"Waste disposal site" is a site on which solid waste is disposed.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.545) (was 415 ILCS 5/3.55)
Sec. 3.545.
Water pollution.
"Water pollution" is such alteration of the
physical, thermal, chemical, biological or radioactive properties of any
waters of the State, or such discharge of any contaminant into any waters of
the State, as will or is likely to create a nuisance or render such waters
harmful or detrimental or injurious to public health, safety or welfare,
or to domestic, commercial, industrial, agricultural, recreational, or other
legitimate uses, or to livestock, wild animals, birds, fish, or other aquatic
life.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.550) (was 415 ILCS 5/3.56)
Sec. 3.550.
Waters.
"Waters" means all accumulations of
water, surface and underground, natural, and artificial, public and private,
or parts thereof, which are wholly or partially within, flow through, or
border upon this State.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.555) (was 415 ILCS 5/3.57)
Sec. 3.555.
Well.
"Well" means a bored, drilled or driven
shaft, or dug hole, the depth of which is greater than the largest surface
dimension.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/3.560)
Sec. 3.560. Exceptional Quality biosolids. "Exceptional Quality biosolids" means solids that:
(Source: P.A. 99-67, eff. 7-20-15.)
(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
Sec. 4. Environmental Protection Agency; establishment; duties.
(a) There is established in the Executive Branch of the State Government an
agency to be known as the Environmental Protection Agency. This Agency shall
be under the supervision and direction of a Director who shall be appointed by
the Governor with the advice and consent of the Senate. The term of office
of the Director shall expire on the third Monday of January in odd numbered
years, provided that he or she shall hold office until a successor is appointed
and has qualified. For terms beginning after January 18, 2019 (the effective date of Public Act 100-1179) and before January 16, 2023, the Director's annual salary shall be an amount equal to 15% more than the Director's annual salary as of December 31, 2018. The calculation of the 2018 salary base for this adjustment shall not include any cost of living adjustments, as authorized by Senate Joint Resolution 192 of the 86th General Assembly, for the period beginning July 1, 2009 to June 30, 2019. Beginning July 1, 2019 and each July 1 thereafter, the Director shall receive an increase in salary based on a cost of living adjustment as authorized by Senate Joint Resolution 192 of the 86th General Assembly. Notwithstanding any other provision of law, for terms beginning on or after January 16, 2023, the Director shall receive an annual salary of $180,000 or as set by the Governor, whichever is higher. On July 1, 2023, and on each July 1 thereafter, the Director shall receive an increase in salary based on a cost of living adjustment as authorized by Senate Joint Resolution 192 of the 86th General Assembly. The Director, in accord with the Personnel Code, shall employ and
direct such personnel, and shall provide for such laboratory and other
facilities, as may be necessary to carry out the purposes of this Act. In
addition, the Director may by agreement secure such services as he or she
may deem necessary from any other department, agency, or unit of the State
Government, and may employ and compensate such consultants and technical
assistants as may be required.
(b) The Agency shall have the duty to collect and disseminate such
information, acquire such technical data, and conduct such experiments
as may be required to carry out the purposes of this Act, including
ascertainment of the quantity and nature of discharges from any
contaminant source and data on those sources, and to operate and arrange
for the operation of devices for the monitoring of environmental quality.
(c) The Agency shall have authority to conduct a program of
continuing surveillance and of regular or periodic inspection of actual
or potential contaminant or noise sources, of public water supplies, and
of refuse disposal sites.
(d) In accordance with constitutional limitations,
the Agency shall have authority to enter at all reasonable times
upon any private or public property for the purpose of:
(e) The Agency shall have the duty to investigate violations of this
Act, any rule or regulation adopted under this Act, any permit or
term or condition of a permit, or any Board order;
to issue administrative citations as provided in Section 31.1 of this
Act; and to take such summary enforcement action as is provided
for by Section 34 of this Act.
(f) The Agency shall appear before the Board in any hearing upon a
petition for variance or time-limited water quality standard, the denial of a permit, or the validity or effect
of a rule or regulation of the Board, and shall have the authority to
appear before the Board in any hearing under the Act.
(g) The Agency shall have the duty to administer, in accord with
Title X of this Act, such permit and certification systems as may be
established by this Act or by regulations adopted thereunder.
The Agency may enter into written delegation agreements with any department,
agency, or unit of State or local government under which all or portions
of this duty may be delegated for public water supply storage and transport
systems, sewage collection and transport systems, air pollution control
sources with uncontrolled emissions of 100 tons per year or less and
application of algicides to waters of the State. Such delegation
agreements will require that the work to be performed thereunder will be
in accordance with Agency criteria, subject to Agency review, and shall
include such financial and program auditing by the Agency as may be required.
(h) The Agency shall have authority to require the submission of
complete plans and specifications from any applicant for a permit
required by this Act or by regulations thereunder, and to require the
submission of such reports regarding actual or potential violations of
this Act, any rule or regulation adopted under this Act, any permit or
term or condition of a permit, or any Board order, as may be necessary for the purposes of
this Act.
(i) The Agency shall have authority to make recommendations to the
Board for the adoption of regulations under Title VII of the Act.
(j) The Agency shall have the duty to represent the State of
Illinois in any and all matters pertaining to plans, procedures, or
negotiations for interstate compacts or other governmental arrangements
relating to environmental protection.
(k) The Agency shall have the authority to accept, receive, and
administer on behalf of the State any grants, gifts, loans, indirect cost
reimbursements, or other funds made available to the State from any source
for purposes of this Act or for air or water pollution control, public water
supply, solid waste disposal, noise abatement, or other environmental
protection activities, surveys, or programs. Any federal funds received by the
Agency pursuant to this subsection shall be deposited in a trust fund with the
State Treasurer and held and disbursed by him in accordance with Treasurer as
Custodian of Funds Act, provided that such monies shall be used only for the
purposes for which they are contributed and any balance remaining shall be
returned to the contributor.
The Agency is authorized to promulgate such regulations and enter
into such contracts as it may deem necessary for carrying out the
provisions of this subsection.
(l) The Agency is hereby designated as water pollution agency for
the state for all purposes of the Federal Water Pollution Control Act, as
amended; as implementing agency for the State for all purposes of the Safe
Drinking Water Act, Public Law 93-523, as now or hereafter amended, except
Section 1425 of that Act; as air pollution agency for the state for all
purposes of the Clean Air Act of 1970, Public Law 91-604, approved December 31,
1970, as amended; and as solid waste agency for the state for all purposes of
the Solid Waste Disposal Act, Public Law 89-272, approved October 20, 1965,
and amended by the Resource Recovery Act of 1970, Public Law 91-512, approved
October 26, 1970, as amended, and amended by the Resource Conservation and
Recovery Act of 1976, (P.L. 94-580) approved October 21, 1976, as amended; as
noise control agency for the state for all purposes of the Noise Control Act of
1972, Public Law 92-574, approved October 27, 1972, as amended; and as
implementing agency for the State for all purposes of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (P.L. 96-510),
as amended; and otherwise as pollution control agency for the State pursuant
to federal laws integrated with the foregoing laws, for financing purposes or
otherwise. The Agency is hereby authorized to take all action necessary or
appropriate to secure to the State the benefits of such federal Acts, provided
that the Agency shall transmit to the United States without change any
standards adopted by the Pollution Control Board pursuant to Section 5(c) of
this Act. This subsection (l) of Section 4 shall not be construed to bar or
prohibit the Environmental Protection Trust Fund Commission from accepting,
receiving, and administering on behalf of the State any grants, gifts,
loans or other funds for which the Commission is eligible pursuant to the
Environmental Protection Trust Fund Act. The Agency is hereby designated as
the State agency for all purposes of administering the requirements of Section
313 of the federal Emergency Planning and Community Right-to-Know Act of 1986.
Any municipality, sanitary district, or other political subdivision,
or any Agency of the State or interstate Agency, which makes application
for loans or grants under such federal Acts shall notify the Agency of
such application; the Agency may participate in proceedings under such
federal Acts.
(m) The Agency shall have authority, consistent with Section 5(c)
and other provisions of this Act, and for purposes of Section 303(e) of
the Federal Water Pollution Control Act, as now or hereafter amended,
to engage in planning processes and activities and to develop
plans in cooperation with units of local government, state agencies and
officers, and other appropriate persons in connection with the
jurisdiction or duties of each such unit, agency, officer or person.
Public hearings shall be held on the planning process, at which any
person shall be permitted to appear and be heard, pursuant to procedural
regulations promulgated by the Agency.
(n) In accordance with the powers conferred upon the Agency by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the Agency shall
have authority to establish and enforce minimum standards for the
operation of laboratories relating to analyses and laboratory tests for
air pollution, water pollution, noise emissions, contaminant discharges
onto land and sanitary, chemical, and mineral quality of water
distributed by a public water supply. The Agency may enter into formal
working agreements with other departments or agencies of state
government under which all or portions of this authority may be
delegated to the cooperating department or agency.
(o) The Agency shall have the authority to issue certificates of
competency to persons and laboratories meeting the minimum standards
established by the Agency in accordance with Section 4(n) of this Act
and to promulgate and enforce regulations relevant to the issuance and
use of such certificates. The Agency may enter into formal working
agreements with other departments or agencies of state government under
which all or portions of this authority may be delegated to the
cooperating department or agency.
(p) Except as provided in Section 17.7, the Agency shall have the
duty to analyze samples as required
from each public water supply to determine compliance with the
contaminant levels specified by the Pollution Control Board. The maximum
number of samples which the Agency shall be required to analyze for
microbiological quality shall be 6 per month, but the Agency may, at its
option, analyze a larger number each month for any supply. Results of
sample analyses for additional required bacteriological testing,
turbidity, residual chlorine and radionuclides are to be provided to the
Agency in accordance with Section 19. Owners of water supplies may enter
into agreements with the Agency to provide for reduced Agency
participation in sample analyses.
(q) The Agency shall have the authority to provide notice to any
person who may be liable pursuant to Section 22.2(f) of this Act for a
release or a substantial threat of a release of a hazardous substance or
pesticide. Such notice shall include the identified response action and an
opportunity for such person to perform the response action.
(r) The Agency may enter into written delegation agreements with any
unit of local government under which it may delegate all or portions of its
inspecting, investigating and enforcement functions. Such delegation
agreements shall require that work performed thereunder be in accordance
with Agency criteria and subject to Agency review.
Notwithstanding any other provision of law to the contrary, no unit of
local government shall be liable for any injury resulting from the exercise
of its authority pursuant to such a delegation agreement unless the injury
is proximately caused by the willful and wanton negligence of an agent or
employee of the unit of local government, and any policy of insurance
coverage issued to a unit of local government may provide for the denial of
liability and the nonpayment of claims based upon injuries for which the unit
of local government is not liable pursuant to this subsection (r).
(s) The Agency shall have authority to take whatever preventive or
corrective action is necessary or appropriate, including but not limited to
expenditure of monies appropriated from the Build Illinois Bond Fund for removal or remedial action, whenever
any hazardous substance or pesticide is released or
there is a substantial threat of such a release into the environment. The
State, the Director, and any State employee shall be indemnified for any
damages or injury arising out of or resulting from any action taken under
this subsection. The Director of the Agency is authorized to enter into
such contracts and agreements as are necessary
to carry out the Agency's duties under this subsection.
(t) The Agency shall have authority to distribute grants, subject to
appropriation by the General Assembly, to units of local government for financing and construction of
wastewater facilities in both incorporated and unincorporated areas. With respect to all monies appropriated
from the Build Illinois Bond Fund for wastewater facility grants, the Agency shall make
distributions in conformity with the rules and regulations established
pursuant to the Anti-Pollution Bond Act, as now or hereafter amended.
(u) Pursuant to the Illinois Administrative Procedure Act, the
Agency shall have the authority to adopt such rules as are necessary or
appropriate for the Agency to implement Section 31.1 of this Act.
(v) (Blank.)
(w) Neither the State, nor the Director, nor the Board, nor any State
employee shall be liable for any damages or injury arising out of or
resulting from any action taken under subsection (s).
(x)(1) The Agency shall have authority to distribute grants, subject to
appropriation by the General Assembly, to units of local government for
financing and construction of public water supply facilities. With respect
to all monies appropriated from the Build Illinois Bond Fund for public water supply grants, such grants shall be
made in accordance with rules promulgated by the Agency.
Such rules shall include a requirement for a local match of 30% of the
total project cost for projects funded through such grants.
(2) The Agency shall not terminate a grant to a unit of local government
for the financing and construction of public water supply facilities unless
and until the Agency adopts rules that set forth precise and complete
standards, pursuant to Section 5-20 of the Illinois Administrative
Procedure Act, for the termination of such grants. The Agency shall not
make determinations on whether specific grant conditions are necessary to
ensure the integrity of a project or on whether subagreements shall be
awarded, with respect to grants for the financing and construction of
public water supply facilities, unless and until the Agency adopts rules
that set forth precise and complete standards, pursuant to Section 5-20
of the Illinois Administrative Procedure Act, for making such
determinations. The Agency shall not issue a stop-work order in relation to
such grants unless and until the Agency adopts precise and complete standards,
pursuant to Section 5-20 of the Illinois Administrative Procedure Act, for
determining whether to issue a stop-work order.
(y) The Agency shall have authority to release any person from further
responsibility for preventive or corrective action under this Act following
successful completion of preventive or corrective action undertaken by such
person upon written request by the person.
(z) To the extent permitted by any applicable federal law or regulation, for all work performed for State construction projects which are funded in whole or in part by a capital infrastructure bill enacted by the 96th General Assembly by sums appropriated to the Environmental Protection Agency, at least 50% of the total labor hours must be performed by actual residents of the State of Illinois. For purposes of this subsection, "actual residents of the State of Illinois" means persons domiciled in the State of Illinois. The Department of Labor shall promulgate rules providing for the enforcement of this subsection.
(aa) The Agency may adopt rules requiring the electronic submission of any information required to be submitted to the Agency pursuant to any State or federal law or regulation or any court or Board order. Any rules adopted under this subsection (aa) must include, but are not limited to, identification of the information to be submitted electronically.
(Source: P.A. 102-1071, eff. 6-10-22; 102-1115, eff. 1-9-23.)
(415 ILCS 5/4.1)
Sec. 4.1.
(Repealed).
(Source: P.A. 88-414. Repealed by P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
Sec. 5. Pollution Control Board.
(a) There is hereby created an independent board to be known as the
Pollution Control Board.
On and after August 11, 2003 (the effective date of Public Act 93-509), the Board shall consist
of 5 technically qualified members, no more than 3 of whom may be of the same
political party, to be appointed by the Governor with the advice and consent
of the Senate. Members shall have verifiable technical, academic, or actual
experience in the field of pollution control or environmental law and
regulation.
One member shall be appointed for a term ending July 1, 2004,
2 shall be appointed for terms ending July 1, 2005, and 2 shall be appointed
for terms ending July 1, 2006. Thereafter, all members shall hold office for
3 years from the first day of July in the year in which they were appointed,
except in case of an appointment to fill a vacancy. In case of a vacancy in
the office when the Senate is not in session, the Governor may make a temporary
appointment until the next meeting of the Senate, when he or she shall
nominate some person to fill such office; and any person so nominated, who is
confirmed by the Senate, shall hold the office during the remainder of the
term.
Members of the Board shall hold office until their respective successors
have been appointed and qualified. Any member may resign from office, such
resignation to take effect when a successor has been appointed and has
qualified.
Board members shall be paid $37,000 per year or an amount set by the
Compensation Review Board, whichever is greater, and the Chairman shall
be paid $43,000 per year or an amount set by the Compensation Review Board,
whichever is greater. Each member shall devote his or her entire time to the
duties of the office, and shall hold no other office or position of profit, nor
engage in any other business, employment, or vocation. Each member shall be
reimbursed for expenses necessarily incurred and shall make a financial disclosure upon
appointment.
The Board may employ one assistant for each member and 2 assistants for the
Chairman. The Board also may employ and
compensate hearing officers to preside at hearings under this Act, and such
other personnel as may be necessary. Hearing officers shall be attorneys
licensed to practice law in Illinois.
The Board may have an Executive Director; if so, the Executive Director
shall be appointed by the Governor with the advice and consent of the Senate.
The salary and duties of the Executive Director shall be fixed by the Board.
The Governor shall designate one Board member to be Chairman, who
shall serve at the pleasure of the Governor.
The Board shall hold at least one meeting each month and such
additional meetings as may be prescribed by Board rules. In addition,
special meetings may be called by the Chairman or by any 2 Board
members, upon delivery of 48 hours written notice to the office of each
member. All Board meetings shall be open to the public, and public
notice of all meetings shall be given at least 48 hours in
advance of each meeting. In emergency situations in which a majority of
the Board certifies that exigencies of time require the requirements of
public notice and of 24 hour written notice to members may be
dispensed with, and Board members shall receive such notice as is
reasonable under the circumstances.
Three members of the Board shall
constitute a quorum to transact business; and the affirmative vote of 3 members is necessary to adopt any order. The Board shall keep a complete and accurate record of all its
meetings.
(b) The Board shall determine, define and implement the
environmental control standards applicable in the State of Illinois and
may adopt rules and regulations in accordance with Title VII of this Act.
(c) The Board shall have authority to act for the State in regard to
the adoption of standards for submission to the United States under any
federal law respecting environmental protection. Such standards shall be
adopted in accordance with Title VII of the Act and upon adoption shall
be forwarded to the Environmental Protection Agency for submission to
the United States pursuant to subsections (l) and (m) of Section 4 of this
Act. Nothing in this paragraph shall limit the discretion of the Governor to
delegate authority granted to the Governor under any federal law.
(d) The Board shall have authority to conduct proceedings
upon complaints charging violations of this Act, any rule or regulation
adopted under this Act, any permit or term or condition of a permit, or any
Board order; upon
administrative citations; upon petitions for variances, adjusted standards, or time-limited water quality standards;
upon petitions for review of the Agency's final determinations on permit
applications in accordance with Title X of this Act; upon petitions to remove
seals under Section 34 of this Act; and upon other petitions for review of
final determinations which are made pursuant to this Act or Board rule and
which involve a subject which the Board is authorized to regulate. The Board
may also conduct other proceedings as may be provided by this Act or any other
statute or rule.
(e) In connection with any proceeding pursuant to
subsection (b) or (d) of this Section, the Board may
subpoena and compel the attendance of witnesses and the production of evidence
reasonably necessary to resolution of the matter under consideration. The
Board shall issue such subpoenas upon the request of any party to a proceeding
under subsection (d) of this Section or upon its own motion.
(f) The Board may prescribe reasonable fees for permits required
pursuant to this Act. Such fees in the aggregate may not exceed the total
cost to the Agency for its inspection and permit systems. The Board may not
prescribe any permit fees which are different in amount from those established
by this Act.
(Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17; 100-863, eff. 8-14-18.)
(415 ILCS 5/5.1) (from Ch. 111 1/2, par. 1005.1)
Sec. 5.1.
(Repealed).
(Source: P.A. 89-445, eff. 2-7-96. Repealed by P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/6.1) (from Ch. 111 1/2, par. 1006.1)
Sec. 6.1. The Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) shall conduct studies of the effects of all
State and federal sulfur dioxide regulations and emission standards on the use
of Illinois coal and other fuels, and
shall report the results of such studies to the Governor and the General
Assembly. The reports shall be made by July 1, 1980 and biennially thereafter.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and filing such additional
copies with the State Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of the State Library
Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
(415 ILCS 5/6.2) (from Ch. 111 1/2, par. 1006.2)
Sec. 6.2.
(Repealed).
(Source: P.A. 84-1438. Repealed by P.A. 89-445, eff. 2-7-96.)
(415 ILCS 5/7) (from Ch. 111 1/2, par. 1007)
Sec. 7.
Public inspection; fees.
(a) All files, records, and data of the Agency, the Board, and the
Department shall be open to reasonable public inspection and may be copied
upon payment of reasonable fees to be established where appropriate by the
Agency, the Board, or the Department, except for the following:
(b) Notwithstanding subsection (a) above, as to information from or
concerning persons subject to NPDES permit requirements:
(c) Notwithstanding any other provision of this Title or any other law
to the contrary, all emission data reported to or otherwise obtained by
the Agency, the Board or the Department in connection with any examination,
inspection or proceeding under this Act shall be available to the public
to the extent required by the federal Clean Air Act, as amended.
(d) Notwithstanding subsection (a) above, the quantity and identity of
substances being placed or to be placed in landfills or hazardous waste
treatment, storage or disposal facilities, and the name of the generator
of such substances may under no circumstances be kept confidential.
(e) Notwithstanding any other provisions of this Title, or any other law
to the contrary, any information accorded confidential treatment may be
disclosed or transmitted to other officers, employees or authorized
representatives of this State or of the United States concerned with or for
the purposes of carrying out this Act or federal environmental statutes and
regulations; provided, however, that such information shall be identified
as confidential by the Agency, the Board, or the Department, as the case
may be. Any confidential information disclosed or transmitted under this
provision shall be used for the purposes stated herein.
(f) Except as provided in this Act neither the
Agency, the Board, nor the Department shall charge any fee for the
performance of its respective duties under this Act.
(g) All files, records and data of the Agency, the Board and the
Department shall be made available to the Department of Public Health
pursuant to the Illinois Health and Hazardous Substances Registry Act.
Expenses incurred in the copying and transmittal of files, records and data
requested pursuant to this subsection (g) shall be the responsibility of
the Department of Public Health.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/7.1) (from Ch. 111 1/2, par. 1007.1)
Sec. 7.1.
(a) All articles representing a trade secret reported to or
otherwise obtained by the Agency, the Board or the Department in connection
with any examination, inspection or proceeding under this Act, shall be
considered confidential and shall not be disclosed, except that such
articles may be disclosed confidentially to other officers or employees
concerned with carrying out this Act or when relevant to any proceeding
under this Act. In any such proceeding, the Agency, the Board, the
Department or the court shall issue such orders as may be appropriate,
including the impoundment of files or portions of files, to protect the
confidentiality of trade secrets.
(b) The Board shall adopt regulations under Title VII of this Act which
prescribe: (i) procedures for determining whether articles represent a
trade secret; and (ii) procedures to protect the confidentiality of such
articles. All such regulations shall be considered substantive regulations
for purposes of Section 28 of this Act. (c) As used in this Section:
(1) "article" means any object, material, device or substance, or whole
or partial copy thereof, including any writing, record, document,
recording, drawing, sample, specimen, prototype, model, photograph,
culture, microorganism, blueprint or map;
(2) "representing" means describing, depicting, containing,
constituting, reflecting or recording; and
(3) "copy" means any facsimile, replica, photograph or other reproduction
of an article, and any note, drawing or sketch made of or from an article.
(Source: P.A. 82-592.)
(415 ILCS 5/7.2) (from Ch. 111 1/2, par. 1007.2)
Sec. 7.2. Identical in substance rulemakings.
(a) In the context of a mandate that the Board adopt regulations
to secure federal authorization for a program, regulations that are
"identical in substance" means State regulations which require the same
actions with respect to protection of the environment, by the same group of
affected persons, as would federal regulations if USEPA administered
the subject program in Illinois. After consideration of comments from the
USEPA, the Agency, the Attorney General and the public, the Board shall
adopt the verbatim text of such USEPA regulations as are necessary and
appropriate for authorization of the program. In adopting "identical in
substance" regulations, the only changes that may be made by the Board to
the federal regulations are those changes that are necessary for compliance
with the Illinois Administrative Code, and technical changes that in no way
change the scope or meaning of any portion of the regulations, except as
follows:
(b) In adopting regulations that are "identical in substance" with
specified federal regulations under subsection (c) of Section 13, Section
13.3, Section 17.5, subsection (a) or (d) of Section 22.4, subsection
(a) of Section 22.7, or subsection (a) of Section 22.40, subsection (H) of Section 10, or specified
federal determinations under subsection
(e) of Section 9.1, the Board shall complete its rulemaking proceedings
within one year after the adoption of the corresponding federal rule. If
the Board consolidates multiple federal rulemakings into a single Board
rulemaking, the one-year period shall be calculated from the adoption date
of the federal rule first adopted among those consolidated.
After adopting an "identical in substance" rule, if the Board determines
that an amendment is needed to that rule, the Board shall initiate a
rulemaking proceeding to propose such amendment. The amendment shall be
adopted within one year of the initiation of the Board's determination.
Additionally, if the Board, after adopting an "identical in substance" rule,
determines that a technical correction to that rule is needed, the Board
may initiate an application for certification of correction under Section
5-85 of the Illinois Administrative Procedure Act.
The one-year period may be extended by the Board for an additional period
of time if necessary to complete the rulemaking proceeding. In order to
extend the one-year period, the Board must make a finding, based upon the
record in the rulemaking proceeding, that the one-year period is
insufficient for completion of the rulemaking, and such finding shall
specifically state the reasons for the extension. Except as otherwise
provided above, the Board must make the
finding that an extension of time is necessary prior to the expiration of
the initial one-year period, and must also publish a notice of extension in
the Illinois Register as expeditiously as practicable following its
decision, stating the specific reasons for the Board's decision
to extend. The notice of extension need not appear in the Illinois
Register prior to the expiration of the initial one year period and shall
specify a date certain by which the Board anticipates completion of the
rulemaking, except that if a date certain cannot be specified because of a
need to delay adoption pending occurrence of an event beyond the Board's
control, the notice shall specify the event, explain its circumstances, and
contain an estimate of the amount of time needed to complete the rulemaking
after the occurrence of the specified event.
(Source: P.A. 97-945, eff. 8-10-12.)
(415 ILCS 5/7.3) (from Ch. 111 1/2, par. 1007.3)
Sec. 7.3.
(a) The Board in its discretion may submit the following for
publication in the Illinois Register as it deems appropriate:
(b) The Board shall publish the following in the Illinois Register:
(Source: P.A. 88-45.)
(415 ILCS 5/7.4) (from Ch. 111 1/2, par. 1007.4)
Sec. 7.4.
All moneys received by the Pollution Control Board from the
collection of fees, photo reproduction costs and the sale of
opinions and orders, shall be deposited into the Pollution Control Board
Fund, a special fund which is hereby created in the State Treasury. The
Pollution Control Board may use such funds for activities or
purposes necessary to meet its responsibilities pursuant to the
Environmental Protection Act. The Pollution Control Board shall establish
guidelines governing fee schedules and administration of the Pollution
Control Board Fund.
(Source: P.A. 85-1331.)
(415 ILCS 5/7.5) (from Ch. 111 1/2, par. 1007.5)
Sec. 7.5. Filing fees.
(a) The Board shall collect filing fees
as prescribed in this Act. The fees shall be deposited
in the Pollution Control Board Fund.
The filing fees shall be as follows:
(b) A person who has filed a petition for a variance from a water quality standard and paid the filing fee set forth in subsection (a) of this Section for that petition and whose variance petition is thereafter converted into a petition for a time-limited water quality standard under Section 38.5 of this Act shall not be required to pay a separate filing fee upon the conversion of the variance petition into a petition for a time-limited water quality standard.
(Source: P.A. 99-937, eff. 2-24-17.)
(415 ILCS 5/7.6)
Sec. 7.6. Electronic posting of permit information. Beginning January 1, 2014, the Agency shall maintain the following information on its website:
(Source: P.A. 98-237, eff. 1-1-14.)
Structure Illinois Compiled Statutes
Chapter 415 - ENVIRONMENTAL SAFETY
415 ILCS 5/ - Environmental Protection Act.
Title IV - Public Water Supplies
Title IV-A - Water Pollution Control and Public Water Supplies
Title V - Land Pollution and Refuse Disposal
Title VI-B - Toxic Chemical Reporting
Title VI-C - Oil Spill Response
Title IX - Variances and Time-Limited Water Quality Standards
Title XIII - Miscellaneous Provisions
Title XV - Potentially Infectious Medical Waste