(415 ILCS 5/Tit. V heading)
(415 ILCS 5/20) (from Ch. 111 1/2, par. 1020)
Sec. 20.
(a) The General Assembly finds:
(b) It is the purpose of this Title to prevent the pollution or misuse of
land, to promote the conservation of natural resources and minimize
environmental damage by reducing the difficulty of disposal of wastes and
encouraging and effecting the recycling and reuse of waste materials, and
upgrading waste collection, treatment, storage, and disposal practices;
and to authorize, empower, and direct the Board to adopt such regulations
and the Agency to adopt such procedures as will enable the State to secure
federal approval of the State hazardous waste and solid waste management
programs pursuant to the provisions of subtitles C and D of the Resource
Conservation and Recovery Act of 1976 (P.L. 94-580), as amended, and federal
regulations pursuant thereto.
(c) It is in the public interest to encourage the recycling and reuse
of materials such as paper and paperboard and that the Board and the Agency
in their planning and in the adoption, interpretation, and enforcement of
regulations and standards shall encourage such recycling and reuse to the
extent consistent with federal requirements.
(d) The General Assembly finds:
(e) The General Assembly finds that:
(Source: P.A. 87-484; 88-496.)
(415 ILCS 5/20.1) (from Ch. 111 1/2, par. 1020.1)
Sec. 20.1.
(a) The Agency shall conduct a survey and prepare and publish
a list of sites in the State where hazardous waste has been deposited, treated, or stored.
(b) The Agency shall monitor hazardous waste processing, use, handling,
storage, and disposal practices in the State, and shall determined existing
and expected rates of production of hazardous waste.
(c) The Agency shall compile and make available to the public an annual
report identifying the types and quantities of hazardous waste generated,
stored, treated or disposed of within this State and containing the other
information required to be collected under this Section.
(Source: P.A. 83-906.)
(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
Sec. 21. Prohibited acts. No person shall:
(a) Cause or allow the open dumping of any waste.
(b) Abandon, dump, or deposit any waste upon the public highways or
other public property, except in a sanitary landfill approved by the
Agency pursuant to regulations adopted by the Board.
(c) Abandon any vehicle in violation of the "Abandoned Vehicles
Amendment to the Illinois Vehicle Code", as enacted by the 76th General
Assembly.
(d) Conduct any waste-storage, waste-treatment, or waste-disposal
operation:
Item (3) of this subsection (d) shall not apply to any person
engaged in agricultural activity who is disposing of a substance that
constitutes solid waste, if the substance was acquired for use by that
person on his own property, and the substance is disposed of on his own
property in accordance with regulations or standards adopted by the Board.
This subsection (d) shall not apply to hazardous waste.
(e) Dispose, treat, store or abandon any waste, or transport any waste
into this State for disposal, treatment, storage or abandonment, except at
a site or facility which meets the requirements of this Act and of
regulations and standards thereunder.
(f) Conduct any hazardous waste-storage, hazardous waste-treatment or
hazardous waste-disposal operation:
Notwithstanding the above, no RCRA permit shall be required under this
subsection or subsection (d) of Section 39 of this Act for any
person engaged in agricultural activity who is disposing of a substance
which has been identified as a hazardous waste, and which has been
designated by Board regulations as being subject to this exception, if the
substance was acquired for use by that person on his own property and the
substance is disposed of on his own property in accordance with regulations
or standards adopted by the Board.
(g) Conduct any hazardous waste-transportation operation:
(h) Conduct any hazardous waste-recycling or hazardous waste-reclamation
or hazardous waste-reuse operation in violation of any regulations, standards
or permit requirements adopted by the Board under this Act.
(i) Conduct any process or engage in any act which produces hazardous
waste in violation of any regulations or standards adopted by the Board
under subsections (a) and (c) of Section 22.4 of this Act.
(j) Conduct any special waste-transportation operation in violation
of any regulations, standards or permit requirements adopted by the Board
under this Act. However, sludge from a water or sewage treatment plant
owned and operated by a unit of local government which (1) is subject to a
sludge management plan approved by the Agency or a permit granted by the
Agency, and (2) has been tested and determined not to be a hazardous waste
as required by applicable State and federal laws and regulations, may be
transported in this State without a special waste hauling permit, and the
preparation and carrying of a manifest shall not be required for such
sludge under the rules of the Pollution Control Board. The unit of local
government which operates the treatment plant producing such sludge shall
file an annual report with the Agency identifying the volume of such
sludge transported during the reporting period, the hauler of the sludge,
and the disposal sites to which it was transported. This subsection (j)
shall not apply to hazardous waste.
(k) Fail or refuse to pay any fee imposed under this Act.
(l) Locate a hazardous waste disposal site above an active or
inactive shaft or tunneled mine or within 2 miles of an active fault in
the earth's crust. In counties of population less than 225,000 no
hazardous waste disposal site shall be located (1) within 1 1/2 miles of
the corporate limits as defined on June 30, 1978, of any municipality
without the approval of the governing body of the municipality in an
official action; or (2) within 1000 feet of an existing private well or
the existing source of a public water supply measured from the boundary
of the actual active permitted site and excluding existing private wells
on the property of the permit applicant. The provisions of this
subsection do not apply to publicly owned sewage works or the disposal
or utilization of sludge from publicly owned sewage works.
(m) Transfer interest in any land which has been used as a
hazardous waste disposal site without written notification to the Agency
of the transfer and to the transferee of the conditions imposed by the Agency
upon its use under subsection (g) of Section 39.
(n) Use any land which has been used as a hazardous waste
disposal site except in compliance with conditions imposed by the Agency
under subsection (g) of Section 39.
(o) Conduct a sanitary landfill operation which is required to have a
permit under subsection (d) of this Section, in a manner which results in
any of the following conditions:
The prohibitions specified in this subsection (o) shall be enforceable by
the Agency either by administrative citation under Section 31.1 of this Act
or as otherwise provided by this Act. The specific prohibitions in this
subsection do not limit the power of the Board to establish regulations
or standards applicable to sanitary landfills.
(p) In violation of subdivision (a) of this Section, cause or allow the
open dumping of any waste in a manner which results in any of the following
occurrences at the dump site:
The prohibitions specified in this subsection (p) shall be
enforceable by the Agency either by administrative citation under Section
31.1 of this Act or as otherwise provided by this Act. The specific
prohibitions in this subsection do not limit the power of the Board to
establish regulations or standards applicable to open dumping.
(q) Conduct a landscape waste composting operation without an Agency
permit, provided, however, that no permit shall be required for any person:
For the purposes of this subsection (q), "agronomic rates" means the
application of not more than 20 tons per acre per year, except that the
Board may allow a higher rate for individual sites where the owner or
operator has demonstrated to the Board that the site's soil
characteristics or crop needs require a higher rate.
(r) Cause or allow the storage or disposal of coal combustion
waste unless:
Notwithstanding any other provision of this Title, the disposal of coal
combustion waste pursuant to item (2) or (3) of this
subdivision (r) shall
be exempt from the other provisions of this Title V, and notwithstanding
the provisions of Title X of this Act, the Agency is authorized to grant
experimental permits which include provision for the disposal of
wastes from the combustion of coal and other materials pursuant to items
(2) and (3) of this subdivision (r).
(s) After April 1, 1989, offer for transportation, transport, deliver,
receive or accept special waste for which a manifest is required, unless
the manifest indicates that the fee required under Section 22.8 of this
Act has been paid.
(t) Cause or allow a lateral expansion of a municipal solid waste landfill
unit on or after October 9, 1993, without a permit modification, granted by the
Agency, that authorizes the lateral expansion.
(u) Conduct any vegetable by-product treatment, storage, disposal or
transportation operation in violation of any regulation, standards or permit
requirements adopted by the Board under this Act. However, no permit shall be
required under this Title V for the land application of vegetable by-products
conducted pursuant to Agency permit issued under Title III of this Act to
the generator of the vegetable by-products. In addition, vegetable by-products
may be transported in this State without a special waste hauling permit, and
without the preparation and carrying of a manifest.
(v) (Blank).
(w) Conduct any generation, transportation, or recycling of construction or
demolition debris, clean or general, or uncontaminated soil generated during
construction, remodeling, repair, and demolition of utilities, structures, and
roads that is not commingled with any waste, without the maintenance of
documentation identifying the hauler, generator, place of origin of the debris
or soil, the weight or volume of the debris or soil, and the location, owner,
and operator of the facility where the debris or soil was transferred,
disposed, recycled, or treated. This documentation must be maintained by the
generator, transporter, or recycler for 3 years.
This subsection (w) shall not apply to (1) a permitted pollution control
facility that transfers or accepts construction or demolition debris,
clean or general, or uncontaminated soil for final disposal, recycling, or
treatment, (2) a public utility (as that term is defined in the Public
Utilities Act) or a municipal utility, (3) the Illinois Department of
Transportation, or (4) a municipality or a county highway department, with
the exception of any municipality or county highway department located within a
county having a population of over 3,000,000 inhabitants or located in a county
that
is contiguous to a county having a population of over 3,000,000 inhabitants;
but it shall apply to an entity that contracts with a public utility, a
municipal utility, the Illinois Department of Transportation, or a
municipality or a county highway department.
The terms
"generation" and "recycling", as
used in this subsection, do not
apply to clean construction or demolition debris
when (i) used as fill material below grade outside of a setback zone
if covered by sufficient uncontaminated soil to support vegetation within 30
days of the completion of filling or if covered by a road or structure, (ii)
solely broken concrete without
protruding metal bars is used for erosion control, or (iii) milled
asphalt or crushed concrete is used as aggregate in construction of the
shoulder of a roadway. The terms "generation" and "recycling", as used in this
subsection, do not apply to uncontaminated soil
that is not commingled with any waste when (i) used as fill material below
grade or contoured to grade, or (ii) used at the site of generation.
(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22; 102-310, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
(415 ILCS 5/21.1) (from Ch. 111 1/2, par. 1021.1)
Sec. 21.1.
(a) Except as provided in subsection (a.5), no person other
than the State of Illinois, its agencies and institutions, or a unit of local
government shall own or operate a MSWLF unit or other waste disposal operation on or after March 1,
1985, which requires a permit under subsection (d) of Section 21 of this Act,
unless such person has posted with the Agency a performance bond or other
security for the purpose of insuring closure of the site and post-closure care
in accordance with this Act and regulations adopted thereunder.
(a.5) On and after the effective date established by the United
States Environmental Protection Agency for MSWLF units to provide financial
assurance under Subtitle D of the Resource Conservation and Recovery Act, no
person, other than
the State of
Illinois, its agencies and institutions, shall own or operate a MSWLF unit that requires a permit under subsection (d) of Section 21 of
this Act, unless that person has posted with the Agency a performance bond or
other security for the purposes of:
The performance bond or other security requirement set forth in this
Section
may be fulfilled by closure or post-closure insurance, or both, issued by an
insurer
licensed to transact the business of insurance by the Department of Insurance
or at a minimum the insurer must be licensed to transact the business of
insurance or approved to provide insurance as an excess or surplus lines
insurer by the insurance department in one or more states.
(b) On or before January 1, 1985, the Board shall adopt regulations to
promote the purposes of this Section. Without limiting the generality of
this authority, such regulations may, among other things, prescribe the
type and amount of the performance bonds or other securities required under
subsections (a) and (a.5) of this Section, and the conditions under which the
State is entitled to collect monies from such performance bonds or other
securities. The bond amount shall be directly related to the design and volume
of the site. The cost estimate for the post-closure care of a MSWLF unit shall
be calculated using a 30 year post-closure care period or such other period as
may be approved by the Agency under Board or federal rules. On and after the
effective date established by the United States Environmental Protection Agency
for MSWLF units to provide financial assurance under Subtitle D of the Resource
Conservation and Recovery Act, closure,
post-closure care, and corrective action cost estimates for MSWLF units shall
be in current dollars.
(c) There is hereby created within the State Treasury a special fund to
be known as the "Landfill Closure and Post-Closure Fund". Any monies forfeited
to the State of Illinois from any performance bond or other security required
under this Section shall be placed in the "Landfill Closure and Post-Closure
Fund" and shall, upon approval by the Governor and the Director, be used
by and under the direction of the Agency for the purposes for which such
performance bond or other security was issued. The Landfill Closure and
Post-Closure Fund is not subject to the provisions of subsection (c) of Section
5 of the State Finance Act.
(d) The Agency is authorized to enter into such contracts and agreements
as it may deem necessary to carry out the purposes of this Section. Neither
the State, nor the Director, nor any State employee shall be liable for
any damages or injuries arising out of or resulting from any action taken
under this Section.
(e) The Agency shall have the authority to approve or disapprove any
performance bond or other security posted pursuant to subsection (a) or
(a.5) of
this Section. Any person whose performance bond or other security is
disapproved by the Agency may contest the disapproval as a permit denial
appeal pursuant to Section 40 of this Act.
(f) The Agency may establish such procedures as it may deem necessary
for the purpose of implementing and executing its responsibilities under this
Section.
(g) Nothing in this Section shall bar a cause of action by the State for
any other penalty or relief provided by this Act or any other law.
(Source: P.A. 97-887, eff. 8-2-12.)
(415 ILCS 5/21.2) (from Ch. 111 1/2, par. 1021.2)
Sec. 21.2.
(a) After June 30, 1988, no person may sell or offer for sale
at retail in this State any metal beverage container acquired by the seller
or retailer after that date which is designed and constructed in such a
manner that a part of the container is detachable in opening the container
without the aid of a can opener, unless the part comprises substantially all of one of the ends of the metal beverage container.
(b) For purposes of this Section:
(1) "Beverage" means beer or other malt beverages, mineral water, soda
water or carbonated soft drinks, in liquid form and intended for human
consumption.
(2) "Metal beverage container" means any can or other container which is
composed exclusively or predominantly of metal or metallic alloys (except
those sold to interstate common carriers for use in passenger service) and
which contains or did contain a beverage.
(c) Any person who violates this Section is guilty of a business offense
and shall be subject to a fine of $500 for the first such violation. Any
person who violates this Section a second or subsequent time shall be
guilty of a business offense and shall be subject to a fine of $2,000.
(Source: P.A. 100-51, eff. 1-1-18.)
(415 ILCS 5/21.3) (from Ch. 111 1/2, par. 1021.3)
Sec. 21.3. Environmental reclamation lien.
(a) All costs and damages for which a person is liable to
the State of Illinois under Section 22.2, 22.15a, 55.3, or 57.12 shall constitute
an environmental reclamation lien in favor of the State of Illinois upon
all real property and rights to such property which:
(b) An environmental reclamation lien shall continue until the liability
for the costs and damages, or a judgment against the person arising out
of such liability, is satisfied.
(c) An environmental reclamation lien shall be effective upon the filing
by the Agency of a Notice of Environmental Reclamation Lien with the
recorder or the registrar of titles of the county in which the real
property lies. The Agency shall not file an environmental reclamation
lien, and no such lien shall be valid, unless the Agency has sent notice
pursuant to subsection (q) of Section 4, subsection (c) of Section 22.15a,
subsection (d) of Section 55.3, or subsection (c) of Section 57.12 of this
Act
to owners of the real property. Nothing in this Section shall be construed to
give the Agency's lien a preference over the rights of any bona fide purchaser
or mortgagee or other lienholder (not
including the United States when holding an unfiled lien) arising prior to
the filing of a notice of environmental reclamation lien in the office of
the recorder or registrar of titles of the county in which the
property subject to the lien is located. For purposes of this Section, the
term "bona fide" shall not include any mortgage of real or personal property
or any other credit transaction that results in the mortgagee or the holder
of the security acting as trustee for unsecured creditors of the liable
person mentioned in the notice of lien who executed such chattel or real
property mortgage or the document evidencing such credit transaction. Such
lien shall be inferior to the lien of general taxes, special assessments
and special taxes heretofore or hereafter levied by any political
subdivision of this State.
(d) The environmental reclamation lien shall not exceed the amount of
expenditures as itemized on the Affidavit of Expenditures attached to and
filed with the Notice of Environmental Reclamation Lien. The Affidavit of
Expenditures may be amended if additional costs or damages are incurred.
(e) Upon filing of the Notice of Environmental Reclamation Lien a copy
with attachments shall be served upon the owners of the real property. Notice
of such service shall be served on all lienholders of record as of the date of
filing.
(f) (Blank).
(g) In addition to any other remedy provided by the laws of this State,
the Agency may foreclose in the circuit court an environmental reclamation
lien on real property for any costs or damages imposed under Section 22.2,
22.15a, 55.3, or 57.12 to the same extent and in the same manner as in the
enforcement of other liens. The process, practice and procedure for such
foreclosure shall be the same as provided in Article XV of the Code of
Civil Procedure. Nothing in this Section shall affect the right of the State
of Illinois to bring an action against any person to recover all costs and
damages for which such person is liable under Section 22.2, 22.15a, 55.3, or
57.12.
(h) Any liability to the State under Section 22.2, 22.15a, 55.3, or
57.12 shall
constitute a debt to the State. Interest on such debt shall begin to accrue
at a rate of 12% per annum from the date of the filing of the Notice of
Environmental Reclamation Lien under paragraph (c). Accrued interest shall
be included as a cost incurred by the State of Illinois under Section 22.2,
22.15a, 55.3, or 57.12.
(i) "Environmental reclamation lien" means a lien established under this
Section.
(Source: P.A. 94-272, eff. 7-19-05.)
(415 ILCS 5/21.4) (from Ch. 111 1/2, par. 1021.4)
Sec. 21.4.
(a) The Agency is hereby authorized to acquire
the fee or any lesser interest, including easements, in real property where
necessary or appropriate:
(1) to protect human health or the environment; or
(2) to respond to the release or substantial threat of a release of any
hazardous substance or petroleum into the environment; or
(3) as part of a proceeding to foreclose or enforce
liens or interests under Section 21.3.
(b) The Agency is authorized to retain for public use or to convey, deed,
assign or otherwise transfer all or any portion of the interest in real
property acquired pursuant to subsection (a) and may place restrictions
upon the use of the property after transfer as are necessary or appropriate:
(1) to protect present or future human health or the environment; or
(2) to respond to the release or substantial threat of a release of any
hazardous substance or petroleum into the environment.
(c) Any monies received by the State of Illinois pursuant to
paragraph (b) of this Section shall be deposited in the Hazardous Waste Fund.
(Source: P.A. 86-820.)
(415 ILCS 5/21.5) (from Ch. 111 1/2, par. 1021.5)
Sec. 21.5.
Toxic packaging reduction.
(a) For the purposes of this Section, the following terms have the
meanings ascribed to them in this subsection:
(b) Beginning July 1, 1994, no package or packaging component may be
offered for sale or promotional purposes in this State, by its manufacturer
or distributor, if the package itself or any packaging component includes
any ink, dye, pigment, adhesive, stabilizer, or other additive that contains
lead, cadmium, mercury or hexavalent chromium that has been intentionally
introduced during manufacturing or distribution.
(c) Beginning July 1, 1994, no product may be offered for sale or
for promotional purposes in this State by its manufacturer or distributor in Illinois in
a package that includes, in the package itself or in any of its packaging
components, any ink, dye, pigment, adhesive, stabilizer, or other additive
that contains lead, cadmium, mercury or hexavalent chromium that has been
intentionally introduced during manufacturing or distribution.
(d) No package or packaging component, and no product in a package, may
be offered for sale or promotional purposes in this State if the sum of the
concentration levels of lead, cadmium, mercury, or hexavalent chromium
present in the package or packaging component, but not intentionally
introduced by the manufacturer or distributor, exceeds the following limits:
(e) The following packages and packaging components are not subject to this
Section:
(f) The Agency may grant an exemption from the requirements of this
Section for a package or packaging component to which lead, cadmium,
mercury, or hexavalent chromium has been added in the manufacturing,
forming, printing, or distribution process in order to comply with health or
safety requirements of federal law or because there is not a feasible
alternative. These exemptions shall be granted, upon application of the
manufacturer of the package or packaging component, for a period of 2
years and are renewable for periods of 2 years. If the Agency denies a
request for exemption, or
fails to take final action on a request within 180 days, the applicant may
seek review from the Board in the same manner as in the case of a permit
denial. Any other party to the Agency proceeding may seek review in the
manner provided in subsection (c) of Section 40.
For the purposes of this subsection, a use for which there is no feasible
alternative is one in which the regulated substance is essential to the
protection, safe handling, or function of the package's contents.
The Agency may enter into reciprocal agreements with other states that
have adopted similar restrictions on toxic packaging and may accept
exemptions to those restrictions granted by such states. Prior to taking
such action, the Agency shall provide for public notice in the
Environmental Register and for a 30-day comment period.
(g) Beginning July 1, 1994, a certificate of compliance stating that
a package or packaging component is in compliance with the requirements of
this Section shall be furnished by its manufacturer or supplier to its
distributor, or shall be maintained by the manufacturer in Illinois if the
manufacturer is also the distributor. If compliance is achieved only under
the exemption provided in
subdivision (e)(2) or (e)(3), the certificate shall state the specific
basis upon which the exemption is claimed. The certificate of compliance
shall be signed by an authorized official of the manufacturer or supplier.
The certificate can be for the entire class, type, or category of packaging
or a particular product regulated under this Act, and a certificate need
not be provided or maintained for each individual package, packaging
component, or packaging for a product.
The manufacturer or distributor in Illinois shall retain the
certificate of compliance for as long as the
package or packaging component is in use. A copy of the certificate of
compliance shall be kept on file by the manufacturer or supplier of the
package or packaging component. Certificates of compliance, or copies
thereof, shall be furnished to the Agency upon its request and to members
of the public in accordance with subsection (i).
If the manufacturer or supplier of the package or packaging component
reformulates or creates a new package or packaging component, the
manufacturer or supplier shall provide an amended or new certificate of
compliance for the reformulated or new package or packaging component.
(h) (Blank.)
(i) Any request from a member of the public for any certificate of
compliance from the manufacturer or supplier of a package or packaging
component shall be:
(j) The provisions of this Section shall not apply to any glass or
ceramic product used as packaging that is intended to be reusable or
refillable, and where the lead and cadmium from the product do not exceed
the Toxicity Characteristic Leachability Procedures of leachability of lead
and cadmium as set forth by the U.S. Environmental Protection Agency.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/21.6) (from Ch. 111 1/2, par. 1021.6)
Sec. 21.6. Materials disposal ban.
(a) Beginning July 1, 1996, no person may knowingly mix liquid used oil
with any municipal waste that is intended for collection and disposal at a
landfill.
(b) Beginning July 1, 1996, no owner or operator of a sanitary landfill
shall accept for final disposal liquid used oil that
is discernible in the course of prudent business operation.
(c) For purposes of this Section, "liquid used oil" does not
include used oil filters, rags, absorbent material used to collect spilled oil
or other materials incidentally contaminated with used oil, or empty containers
which previously contained virgin oil, re-refined oil, or used oil.
(d) (Blank).
(Source: P.A. 100-621, eff. 7-20-18.)
(415 ILCS 5/21.7)
Sec. 21.7. Landfills.
(a) The purpose of this Section is to enact legislative recommendations provided by the Mahomet Aquifer Protection Task Force, established under Public Act 100-403. The Task Force identified capped but unregulated or underregulated landfills that overlie the Mahomet Aquifer as potentially hazardous to valuable groundwater resources. These unregulated or underregulated landfills generally began accepting waste for disposal sometime prior to 1973.
(b) The Agency shall prioritize unregulated or underregulated landfills that overlie the Mahomet Aquifer for inspection. The following factors shall be considered:
(c) Subject to appropriation, the Agency shall use existing information available from State and federal agencies, such as the Prairie Research Institute, the Department of Natural Resources, the Illinois Emergency Management Agency, the Federal Emergency Management Agency, and the Natural Resources Conservation Service, to identify unknown, unregulated, or underregulated waste disposal sites that overlie the Mahomet Aquifer that may pose a threat to surface water or groundwater resources.
(d) Subject to appropriation, for those landfills prioritized for response action following inspection and investigation, the Agency shall use its own data, along with data from municipalities, counties, solid waste management associations, companies, corporations, and individuals, to archive information about the landfills, including their ownership, operational details, and waste disposal history.
(Source: P.A. 101-573, eff. 1-1-20; 102-558, eff. 8-20-21.)
(415 ILCS 5/22) (from Ch. 111 1/2, par. 1022)
Sec. 22.
In accord with Title VII of this Act, the Board may adopt
regulations to promote the purposes of this Title. Without limiting the
generality of this authority, such regulations may among other things
prescribe the following:
(a) Standards for the location, design, construction, sanitation,
operation, maintenance, and discontinuance of the operation of refuse
collection and disposal, storage and treatment sites and facilities and
resource conservation and recovery sites and facilities;
(b) Standards for the dumping of any refuse, and standards for the
handling, storing, processing, transporting and disposal of any
hazardous waste;
(c) Requirements and standards for the keeping of records and the
reporting and retaining of data collected by generators, processors,
storers, transporters, handlers, treaters, and disposers of special or
hazardous waste;
(d) Requirements and standards for equipment and procedures for
monitoring contaminant discharges at their source, the collection of
samples and the collection, reporting and retention of data resulting
from such monitoring;
(e) Alert and abatement standards relative to land pollution
emergencies constituting an acute danger to health or to the
environment;
(f) Requirements and standards for adequate and proper care and
maintenance of, closure of, and post-closure monitoring, maintenance and
use of hazardous waste disposal sites;
(g) Requirements to prohibit the disposal of certain hazardous
wastes in sanitary landfills where, after regulatory proceedings held in
conformance with Title VII of this Act, it is determined by the Board that
the long term impacts to public health and the environment are such that
land burial should not be allowed and where an economically reasonable,
technically feasible and environmentally sound alternative is available for
processing, recycling, fixation or neutralization of such wastes. The
agency shall participate in all such proceedings. No such prohibition may
become effective unless a specific alternative technology meeting the
criteria of this subsection is identified by the Board. Nothing in this
subsection shall prohibit the land burial of any hazardous waste which is
the subject of review under this subsection until such time as a final
prohibition order is issued by the Board.
(Source: P.A. 83-425.)
(415 ILCS 5/22.01) (from Ch. 111 1/2, par. 1022.01)
Sec. 22.01. Manifests for nonhazardous special waste. When manifests
are required by the Board for the shipment
of nonhazardous special waste, the manifests shall consist of forms prescribed by the Agency. The forms must comply with the requirements of this Section and may be purchased from a third party. Generators of nonhazardous special waste and facilities
accepting nonhazardous special waste are not required to submit copies of
nonhazardous special waste manifests to the Agency; provided, however, that
generators of nonhazardous special waste containing polychlorinated
biphenyls and facilities accepting nonhazardous special waste containing
polychlorinated biphenyls shall submit copies of nonhazardous special waste
manifests to the Agency for shipments of waste containing polychlorinated
biphenyls. Copies of each manifest shall be retained for 3 years by
generators and facilities, and shall be available for
inspection and copying by the Agency. The Agency may adopt such
procedures for the distribution of copies of manifests as it deems necessary.
Nothing in this Section shall preclude the Agency from collecting
fees under Section 22.8 (g) of this Act. Generators of nonhazardous special
waste shall not be required to file reports with the Agency regarding the
shipment of nonhazardous special waste within the State of Illinois;
provided, however, that the Board may require generators of nonhazardous
special waste to file annual reports with the Agency regarding the shipment
of nonhazardous special waste out-of-state.
Commencing February 1, 1992, and annually thereafter, facilities
accepting nonhazardous special waste shall file a report with the Agency,
specifying the quantities and disposition of nonhazardous special
waste accepted for treatment, storage or disposal during the previous calendar year.
Nothing in this Section shall be interpreted or construed to prohibit
any company treating, storing or disposing of
nonhazardous special wastes
from requiring manifests to be submitted to it for such wastes.
This Section does not apply to potentially infectious medical waste.
(Source: P.A. 101-145, eff. 7-26-19.)
(415 ILCS 5/22.02)
Sec. 22.02. Manifests for hazardous waste. Except to the extent required by federal law, generators and transporters of hazardous waste and facilities accepting hazardous waste are not required to submit copies of hazardous waste manifests to the Agency. Nothing in this Section precludes the Agency from collecting fees under subsection (g) of Section 22.8 of this Act.
(Source: P.A. 99-55, eff. 7-16-15.)
(415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
Sec. 22.2. Hazardous waste; fees; liability.
(a) There are hereby created within the State Treasury 2
special funds to be known respectively as the "Hazardous Waste Fund" and
the "Hazardous Waste Research Fund", constituted from the fees collected
pursuant to this Section.
In addition to the fees collected under this Section, the Hazardous Waste
Fund shall include other moneys made available from any source for deposit into
the Fund.
(b)(1) On and after January 1, 1989, the Agency shall collect from the owner or operator of each of the following sites a fee in the amount of:
(c) The Agency shall establish procedures, not later than January 1,
1984, relating to the collection of the fees authorized by this Section.
Such procedures shall include, but not be limited to: (1) necessary records
identifying the quantities of hazardous waste received or disposed; (2) the
form and submission of reports to accompany the payment of fees to the
Agency; and (3) the time and manner of payment of fees to the Agency,
which payments shall be not more often than quarterly.
(d) Beginning July 1, 1996, the Agency shall deposit all such receipts in the State Treasury to the credit of the
Hazardous Waste Fund, except as provided in subsection (e) of this Section.
All monies in the Hazardous Waste Fund shall be used by the Agency for the following purposes:
(e) The Agency shall deposit 10% of all receipts collected under subsection
(b) of this Section, but not to exceed $200,000 per year, in the State
Treasury to the credit of the Hazardous Waste Research Fund established by this
Act. Pursuant to appropriation, all monies in such Fund shall be used by the University of Illinois
for the purposes set forth in
this subsection.
The University of Illinois may enter into contracts with business,
industrial, university, governmental or other qualified individuals or
organizations to assist in the research and development intended to recycle,
reduce the volume of, separate, detoxify or reduce the hazardous properties of
hazardous wastes in Illinois. Monies in the Fund may also be used by the University of Illinois
for technical studies, monitoring activities,
and educational and research activities which are related to the protection of
underground waters. Monies in the Hazardous Waste Research Fund may be used to
administer the Illinois Health and Hazardous Substances Registry Act. Monies
in the Hazardous Waste Research Fund shall not be used for any sanitary
landfill or the acquisition or construction of any facility. This does not
preclude the purchase of equipment for the purpose of public demonstration
projects. The University of Illinois shall adopt guidelines for cost
sharing, selecting, and administering projects under this subsection.
(f) Notwithstanding any other provision or rule of law, and subject
only to the defenses set forth in subsection (j) of this Section, the
following persons shall be liable for all costs of removal or remedial
action incurred by the State of Illinois or any unit of local
government as a result of a release or substantial threat of a release of
a hazardous substance or pesticide:
Any monies received by the State of Illinois pursuant to this
subsection (f) shall be deposited in the State Treasury to the credit
of the Hazardous Waste Fund.
In accordance with the other provisions of this Section, costs of
removal or remedial action incurred by a unit of local government may be
recovered in an action before the Board brought by the unit of local
government under subsection (i) of this Section. Any monies so recovered
shall be paid to the unit of local government.
(g)(1) No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who may be liable for a release or substantial threat of a release under this Section, to any other person the liability imposed under this Section. Nothing in this Section shall bar any agreement to insure, hold harmless or indemnify a party to such agreements for any liability under this Section.
(h) For purposes of this Section:
(i) The costs and damages provided for in this Section may be imposed by
the Board in an action brought before the Board in accordance with Title
VIII of this Act, except that Section 33(c) of this Act shall not apply to
any such action.
(j)(1) There shall be no liability under this Section for a person
otherwise liable who can establish by a preponderance of the evidence that
the release or substantial threat of release of a hazardous substance and
the damages resulting therefrom were caused solely by:
(2) There shall be no liability under this Section for any release
permitted by State or federal law.
(3) There shall be no liability under this Section for damages as a result
of actions taken or omitted in the course of rendering care, assistance,
or advice in accordance with this Section or the National Contingency Plan
pursuant to the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (P.L. 96-510) or at the direction of an
on-scene coordinator appointed under such plan, with respect to an incident
creating a danger to public health or welfare or the environment as a result
of any release of a hazardous substance or a substantial threat thereof. This
subsection shall not preclude liability for damages as the result of gross
negligence or intentional misconduct on the part of such person. For the
purposes of the preceding sentence, reckless, willful, or wanton misconduct
shall constitute gross negligence.
(4) There shall be no liability under this Section for any person
(including, but not limited to, an owner of residential property who applies a
pesticide to the residential property or who has another person apply a
pesticide to the residential property) for response costs or damages as the
result of the storage, handling and use, or recommendation for storage,
handling and use, of a pesticide consistent with:
(4.5) There shall be no liability under subdivision (f)(1) of this Section
for response costs or damages as the result of a release
of a pesticide from an agrichemical facility site if
the Agency has received notice from the Department of Agriculture pursuant to
Section 19.3 of the Illinois Pesticide Act, the owner or operator of the
agrichemical facility is proceeding with a corrective action plan under the
Agrichemical Facility Response Action Program implemented under that Section,
and the Agency
has provided a written endorsement of a corrective action plan.
(4.6) There shall be no liability under subdivision (f)(1) of this
Section for response costs or damages as the result of a substantial threat of
a release of a pesticide from an agrichemical facility site if
the Agency has received notice from the Department of Agriculture pursuant to
Section 19.3 of the Illinois Pesticide Act and the owner or operator of the
agrichemical facility is proceeding with a corrective action plan under the
Agrichemical Facility Response Action Program implemented under that
Section.
(5) Nothing in this subsection (j) shall affect or modify in any way the
obligations or liability of any person under any other provision of this
Act or State or federal law, including common law, for damages, injury,
or loss resulting from a release or substantial threat of a release of any
hazardous substance or for removal or remedial action or the costs of removal
or remedial action of such hazardous substance.
(6)(A) The term "contractual relationship", for the purpose of this
subsection includes, but is not limited to, land contracts, deeds or other
instruments transferring title or possession, unless the real property on
which the facility concerned is located was acquired by the defendant after
the disposal or placement of the hazardous substance on, in, or at the
facility, and one or more of the circumstances described in clause (i),
(ii), or (iii) of this paragraph is also established by the defendant by a
preponderance of the evidence:
In addition to establishing the foregoing, the defendant must establish
that he has satisfied the requirements of subparagraph (C) of paragraph (1)
of this subsection (j).
(B) To establish the defendant had no reason to know, as provided in
clause (i) of subparagraph (A) of this paragraph, the defendant must have
undertaken, at the time of acquisition, all appropriate inquiry into the
previous ownership and uses of the property consistent with good commercial
or customary practice in an effort to minimize liability. For purposes of
the preceding sentence, the court shall take into account any specialized
knowledge or experience on the part of the defendant, the relationship of
the purchase price to the value of the property if uncontaminated, commonly
known or reasonably ascertainable information about the property, the
obviousness of the presence or likely presence of contamination at the
property, and the ability to detect such contamination by appropriate
inspection.
(C) Nothing in this paragraph (6) or in subparagraph (C) of paragraph
(1) of this subsection shall diminish the liability of any previous owner
or operator of such facility who would otherwise be liable under this Act.
Notwithstanding this paragraph (6), if the defendant obtained actual
knowledge of the release or threatened release of a hazardous substance at
such facility when the defendant owned the real property and then
subsequently transferred ownership of the property to another person
without disclosing such knowledge, such defendant shall be treated as
liable under subsection (f) of this Section and no defense under
subparagraph (C) of paragraph (1) of this subsection shall be available
to such defendant.
(D) Nothing in this paragraph (6) shall affect the liability under this
Act of a defendant who, by any act or omission, caused or contributed to
the release or threatened release of a hazardous substance which is the
subject of the action relating to the facility.
(E)(i) Except as provided in clause (ii) of this subparagraph (E), a
defendant who has acquired real property shall have established a rebuttable
presumption against all State claims and a conclusive presumption against all
private party claims that the defendant has made all appropriate inquiry within
the meaning of subdivision (6)(B) of this subsection (j) if the defendant
proves that immediately prior to or at the time of the acquisition:
(ii) No presumption shall be created under clause (i) of this subparagraph
(E), and a defendant shall be precluded from demonstrating that the defendant
has made all appropriate inquiry within the meaning of subdivision (6)(B) of
this subsection (j), if:
(iii) For purposes of this subparagraph (E), the term "environmental
professional" means an individual (other than a practicing attorney) who,
through academic training, occupational experience, and reputation (such as
engineers, industrial hygienists, or geologists) can objectively conduct one or
more aspects of an Environmental Audit and who either:
An environmental professional may employ persons who are not environmental
professionals to assist in the preparation of an Environmental Audit if such
persons are under the direct supervision and control of the environmental
professional.
(iv) For purposes of this subparagraph (E), the term "real property"
means any interest in any parcel of land, and includes, but is not limited to,
buildings, fixtures, and
improvements.
(v) For purposes of this subparagraph (E), the term "Phase I Environmental
Audit" means an investigation of real property, conducted by environmental
professionals, to discover the presence or likely presence of a release or a
substantial threat of a release of a hazardous substance or pesticide at, on,
to, or from real property, and whether a release or a substantial threat of
a release of a hazardous substance or pesticide has occurred or may occur at,
on, to, or from the real property. Until such time as the United
States Environmental Protection Agency establishes
standards for making appropriate inquiry into the previous
ownership and uses of the facility pursuant to 42 U.S.C.
Sec. 9601(35)(B)(ii), the investigation shall comply with the
procedures of the American Society for Testing and
Materials, including the document known as Standard
E1527-97, entitled "Standard Procedures for Environmental
Site Assessment: Phase 1 Environmental Site Assessment
Process". Upon their adoption, the standards promulgated
by USEPA pursuant to 42 U.S.C. Sec. 9601(35)(B)(ii) shall
govern the performance of Phase I Environmental Audits. In
addition to the above requirements, the Phase I
Environmental Audit shall include a review of recorded land
title records for the purpose of determining whether the real
property is subject to an environmental land use restriction
such as a No Further Remediation Letter, Environmental
Land Use Control, or Highway Authority Agreement.
(vi) For purposes of subparagraph (E), the term "Phase II Environmental
Audit" means an investigation of real property, conducted by environmental
professionals, subsequent to a Phase I Environmental Audit. If the Phase I
Environmental Audit discloses the presence or likely presence of a hazardous
substance or a pesticide or a release or a substantial threat of a release of
a hazardous substance or pesticide:
(vii) The findings of each Environmental Audit prepared under this
subparagraph (E) shall be set forth in a written audit report. Each audit
report shall contain an affirmation by the defendant and by each environmental
professional who prepared the Environmental Audit that the facts stated in the
report are true and are made under a penalty of perjury as defined in Section
32-2 of the Criminal Code of 2012. It is perjury for any person to sign an
audit report that contains a false material statement that the person does not
believe to be true.
(viii) The Agency is not required to review, approve, or certify the results
of any Environmental Audit. The performance of an Environmental Audit shall in
no way entitle a defendant to a presumption of Agency approval or certification
of the results of the Environmental Audit.
The presence or absence of a disclosure document prepared under the
Responsible Property Transfer Act of 1988 shall not be a defense under this
Act and shall not satisfy the requirements of subdivision (6)(A) of this
subsection (j).
(7) No person shall be liable under this Section for response costs
or damages as the result of a pesticide release if the Agency has found
that a pesticide release occurred based on a Health Advisory issued by the
U.S. Environmental Protection Agency or an action level developed by the
Agency, unless the Agency notified the manufacturer of the pesticide and
provided an opportunity of not less than 30 days for the manufacturer to
comment on the technical and scientific justification supporting the Health
Advisory or action level.
(8) No person shall be liable under this Section for response costs or
damages as the result of a pesticide release that occurs in the course of a
farm pesticide collection program operated under Section 19.1 of the
Illinois Pesticide Act, unless the release results from gross negligence or
intentional misconduct.
(k) If any person who is liable for a release or substantial threat of
release of a hazardous substance or pesticide fails without sufficient
cause to provide removal or remedial action upon or in accordance with a
notice and request by the Agency or upon or in accordance with any order of
the Board or any court, such person may be liable to the State for punitive
damages in an amount at least equal to, and not more than 3 times, the
amount of any costs incurred by the State of Illinois as a result of such
failure to take such removal or remedial action. The punitive damages
imposed by the Board shall be in addition to any costs recovered from such
person pursuant to this Section and in addition to any other penalty or
relief provided by this Act or any other law.
Any monies received by the State pursuant to this subsection (k) shall
be deposited in the Hazardous Waste Fund.
(l) Beginning January 1, 1988, and prior to January 1, 2013, the Agency shall annually collect a $250
fee for each Special Waste Hauling Permit Application and, in addition,
shall collect a fee of $20 for each waste hauling vehicle identified in the
annual permit application and for each vehicle which is added to the permit
during the annual period. Beginning January 1, 2013, the Agency shall issue 3-year Special Waste Hauling Permits instead of annual Special Waste Hauling Permits and shall collect a $750 fee for each Special Waste Hauling Permit Application. In addition, beginning January 1, 2013, the Agency shall collect a fee of $60 for each waste hauling vehicle identified in the permit application and for each vehicle that is added to the permit during the 3-year period. The Agency shall deposit 85% of such fees
collected under this subsection in the State Treasury to the credit of
the Hazardous Waste Research Fund; and shall deposit the remaining 15% of
such fees collected in the State Treasury to the credit of the
Environmental Protection Permit and Inspection Fund. The majority of such
receipts which are deposited in the Hazardous Waste Research Fund pursuant
to this subsection shall be used by the University of Illinois for
activities which relate to the protection of underground waters.
(l-5) (Blank).
(m) (Blank).
(n) (Blank).
(Source: P.A. 97-220, eff. 7-28-11; 97-1081, eff. 8-24-12; 97-1150, eff. 1-25-13; 98-78, eff. 7-15-13; 98-756, eff. 7-16-14.)
(415 ILCS 5/22.2a) (from Ch. 111 1/2, par. 1022.2a)
Sec. 22.2a.
(a) Whenever practicable and in the public interest, the
State of Illinois shall reach a final settlement with a potentially
responsible party in an administrative action brought before the Board or a
civil action brought before a court to establish liability and recover
response costs under Section 22.2 if such settlement involves only a minor
portion of the response costs at the facility concerned and, in the
judgment of the State of Illinois, the conditions in either of the
following subparagraphs (1) or (2) are met:
(1) Both (i) the amount of the hazardous substances contributed by that
party to the facility, and (ii) the toxic or other hazardous effects of the
substances contributed by that party to the facility, are minimal in
comparison to the other hazardous substances at the facility.
(2) The potentially responsible party (i) is the owner of the real
property on or in which the facility is located; (ii) did not conduct or
permit the generation, transportation, storage, treatment, or disposal of
any hazardous substance at the facility; (iii) did not contribute to the
release or threat of release of a hazardous substance at the facility
through any action or omission; and (iv) did not purchase the real property
with actual or constructive knowledge that the property was used for the
generation, transportation, storage, treatment, or disposal of any hazardous
substance.
(b) The State of Illinois may provide a covenant not to sue with
respect to the facility concerned to any party who has entered into a
settlement under this Section unless such a covenant would be inconsistent
with the public interest.
A party which has resolved its liability to the State through a settlement
under this Section shall not be liable for claims for contribution
regarding matters addressed in the settlement. Such a settlement does not
discharge any of the other potentially responsible parties unless its terms
so provide, but it shall reduce the total potential liability of the other
potentially responsible parties by the amount of the settlement.
(c) Nothing in this Section shall be construed to affect the authority
of the State to reach other settlements with other potentially responsible parties.
(Source: P.A. 86-679.)
(415 ILCS 5/22.2b)
Sec. 22.2b.
Limit of liability for prospective purchasers of real property.
(a) The State of Illinois may grant a release of liability that provides
that a person is not potentially liable under subsection (f) of Section 22.2 of this Act as a result of a release or a threatened release of
a hazardous substance or pesticide if:
(b) The Agency may approve a response action plan under this Section,
including but not limited to a response action plan that does not require the
removal or remedy of all releases or threatened releases of hazardous
substances or pesticides, if the person described under subsection (a)
proves:
(c) The limit of liability granted by the State of Illinois under this
Section does not apply to any person:
(d) If a release or threatened release of a hazardous
substance or pesticide occurs within the area identified in the response action
plan approved by the Agency under this Section and such release or threatened
release is not specifically identified in the response action plan, for any
person to whom this Section applies, the numeric cleanup level established by
the Agency in the response action plan shall also apply to the release or
threatened release not specifically identified in the response action plan if
the response action plan has a numeric cleanup level for the hazardous
substance or pesticide released or threatened to be released. Nothing in this
subsection (d) shall limit the authority of the Agency to require, for any
person to whom this Section does not apply, a numeric cleanup level that
differs from the numeric cleanup level established in the response action plan
approved by the Agency under this Section.
(e) The Agency may adopt regulations relating to this Section. The
regulations may include, but are not limited to, both of the
following:
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.2c)
Sec. 22.2c.
Adjacent site remediation; injunction.
If remediation of real
property contaminated by hazardous substances or
petroleum products cannot be reasonably accomplished without entering onto land
adjoining the site from which those substances were released, and if the owner
of the adjoining land refuses to permit entry onto the adjoining land for the
purpose of effecting remediation, then the owner or operator of the site may
bring an action to compel the owner of the adjoining land to
permit immediate entry for purposes relating to the remediation of the site,
the adjoining land, and any other real property that may be contaminated with
the hazardous substances or petroleum products. The court shall prescribe the
conditions of the entry and shall determine the amount of damages, if any, to
be paid to
the owner of the adjoining land as compensation for the entry. The court may
require the owner or operator
who is seeking entry to give bond to the owner of the adjoining land to secure
performance and payment.
(Source: P.A. 89-164, eff. 7-19-95.)
(415 ILCS 5/22.2d)
Sec. 22.2d. Authority of Director to issue orders.
(a) The purpose of this Section is to allow the Director to quickly and effectively respond to a release or substantial threat of a release of a hazardous substance, pesticide, or petroleum for which the Agency is required to give notice under Section 25d-3(a) of this Act by authorizing the Director to issue orders, unilaterally or on consent, requiring appropriate response actions and by providing for the exclusive administrative and judicial review of these orders. This Section is also intended to allow persons subject to an order under this Section to recover the costs of complying with the order if it is overturned or if they remediate the share of a release or threat of a release for which a bankrupt or insolvent party is liable under this Act.
(b) In addition to any other action taken by federal, State, or local government, for any release or substantial threat of release for which the Agency is required to give notice under Section 25d-3(a) of this Act, the Director may issue to any person who is potentially liable under this Act for the release or substantial threat of release any order that may be necessary to protect the public health and welfare and the environment.
(c) (1) The recipient of a unilateral order issued by the Director under this Section may petition the Board for a hearing on the order within 35 days after being served with the order. The Board shall take final action on the petition within 60 days after the date the petition is filed with the Board unless all parties to the proceeding agree to the extension. If necessary to expedite the hearing and decision, the Board may hold special meetings of the Board and may provide for alternative public notice of the hearing and meeting, other than as otherwise required by law. In any hearing on the order the Agency shall have the burden of proof to establish that the petitioner is liable under this Act for the release or threat of release and that the actions required by the order are consistent with the requirements of subsection (b)(1) of this Section. The Board shall sustain the order if the petitioner is liable under this Act for the release or threat of release and to the extent the actions ordered are consistent with the requirements of subsection (b)(1) of this Section and are not otherwise unreasonable under the circumstances.
(2) Any party to a Board hearing under this subsection (c) may obtain judicial review, by filing a petition for review within 35 days from the date that a copy of the Board's final action sought to be reviewed was served upon the party affected by the final Board action complained of, under the provisions of the Administrative Review Law and the rules adopted pursuant thereto, except that the review shall be afforded in the appellate court for the district in which the cause of action arose and not in the circuit court. The appellate court shall retain jurisdiction during the pendency of any further action conducted by the Board under an order by the appellate court. The appellate court shall have jurisdiction to review all issues of law and fact presented upon appeal.
(d) Any person who receives and complies with the terms of any order issued under this Section may, within 60 days after completion of the required action, petition the Director for reimbursement for the reasonable costs of that action, plus interest, subject to all of the following terms and conditions:
(e) Except as otherwise provided in subsection (c) of this Section, no court nor the Board has jurisdiction to review any order issued under this Section or any administrative or judicial action related to the order.
(f) Except as provided in subsection (g) of this Section, any person may seek contribution from any other person who is liable for the costs of response actions under this Section. In resolving contribution claims, the Board or court may allocate response costs among liable parties using such equitable factors as the court determines are appropriate.
(g) A person who has complied with an order under this Section and has resolved their liability under this Act with respect to the release or threat of a release shall not be liable for claims for contribution relating to the release or threat of a release.
(h) The provisions of Section 58.9 of this Act do not apply to any action taken under this Section.
(i) This Section does not apply to releases or threats of releases from underground storage tanks subject to Title XVI of this Act. Orders issued by the Agency in response to such releases or threats of releases shall be issued under Section 57.12(d) of this Act instead of this Section, and the costs of complying with said orders shall be reimbursed in accordance with Title XVI of this Act instead of this Section.
(j) Any person who, without sufficient cause, willfully violates or fails or refuses to comply with any order issued under this Section is in violation of this Act.
(k) The Agency may adopt rules as necessary for the implementation of this Section.
(Source: P.A. 94-314, eff. 7-25-05.)
(415 ILCS 5/22.3) (from Ch. 111 1/2, par. 1022.3)
Sec. 22.3.
The owner and operator of a hazardous waste disposal site
shall, without limitation, be responsible for the site for a period of 20
years after closure of the site, or such longer period of time as required by
the federal Resource Conservation and Recovery Act of 1976, P.L. 94-580,
or regulations issued thereunder, or by Board regulation adopted pursuant
to subsection 22(a) or (f) of this Act. The owner and operator shall monitor
such site for gas migration, drainage problems, erosion, settling, ground
and surface water pollution and other environmental and safety problems
which occur, and shall take whatever remedial action is necessary to solve
any such problems which occur at the site during the period of
responsibility. Notwithstanding the provisions of this Section, nothing
contained herein shall be construed to limit any duties or liabilities
imposed on an owner or operator of a solid waste disposal site pursuant to
this Act or regulations thereunder or arising by operation of law.
(Source: P.A. 81-856.)
(415 ILCS 5/22.3a)
Sec. 22.3a.
Expedited review of hazardous waste corrective action.
(a) It is the intent of this Section to promote an expedited RCRA
hazardous waste corrective action review process.
(b) The owner or operator of a hazardous waste facility performing
corrective action pursuant to the federal Resource Conservation and Recovery
Act of 1976 or regulations issued thereunder, or analogous State law or
regulations, may request from the Agency an expedited review of that
corrective action. Within a reasonable time, the Agency shall respond in
writing, indicating whether the Agency will perform expedited review.
(c) An owner or operator approved by the Agency for an expedited review
under this Section shall pay to the Agency all reasonable costs the Agency
incurs in its review of the owner's or operator's corrective action activities
(including but not limited to investigations, monitoring, and cleanup of
releases of hazardous waste or hazardous constituents). Prior to any Agency
review, the owner or operator shall make an advance partial payment to the
Agency for anticipated review costs in an amount acceptable to the Agency, but
not to exceed $5,000 or one-half of the total anticipated costs of the Agency,
whichever is less. All amounts paid to the Agency pursuant to this Section
shall be deposited into the Environmental Protection Permit and Inspection
Fund.
(d) The Agency's expedited review under this Section shall include, but need
not be limited to: review of the owner's or operator's corrective action plans,
reports, documents, and associated field activities; issuance of corrective
action decision documents; and issuance of letters certifying the completion
of corrective action activities or discrete portions thereof.
(e) The Agency may cease its expedited review under this Section if an owner
or operator fails to pay the Agency's review costs when due.
(f) An owner or operator approved by the Agency for an expedited review
under this Section may withdraw its request for an expedited review at any
time by providing the Agency with written notification of its withdrawal; but
the owner or operator shall be responsible to pay all expedited review costs
incurred by the Agency through the date of withdrawal.
(Source: P.A. 93-260, eff. 7-22-03.)
(415 ILCS 5/22.4) (from Ch. 111 1/2, par. 1022.4)
Sec. 22.4.
Hazardous waste; underground storage tanks; regulations.
(a) In accordance with Section 7.2, the Board shall
adopt regulations which are identical in substance to federal regulations
or amendments thereto promulgated by the Administrator of the United States
Environmental Protection Agency to implement Sections 3001, 3002, 3003,
3004, and 3005, of the Resource Conservation and Recovery Act of 1976 (P.L.
94-580). The Board may consolidate into a single rulemaking under this
Section all such federal regulations adopted within a period of time not to
exceed 6 months. The provisions and requirements of Title VII of this Act
shall not apply to rules adopted under this subsection. Section 5-35
of the Illinois Administrative Procedure Act relating to procedures for
rulemaking shall not apply to rules adopted under this subsection.
(b) The Board may adopt regulations relating to a State hazardous waste
management program that are not inconsistent with and at least as stringent
as the Resource Conservation and Recovery Act of 1976 (P.L. 94-580), or
regulations adopted thereunder. Regulations adopted pursuant
to this subsection shall be adopted in accordance with the provisions and
requirements of Title VII of this Act and the procedures for rulemaking
in Section 5-35 of the Illinois Administrative Procedure Act.
(c) Notwithstanding subsection (a) of this Section, the Board may adopt
additional regulations identifying the characteristics of hazardous waste and
additional regulations listing hazardous waste. In adopting such regulations,
the Board shall take into account the toxicity, persistence, and degradability
in nature, the potential for accumulation in tissue, and other related factors
such as flammability, corrosiveness, and other hazardous characteristics.
The regulations may be revised from time to time as may be appropriate.
Regulations adopted pursuant to this subsection shall be adopted in accordance
with the provisions and requirements of this Act and the procedures for
rulemaking in Section 5-35 of the Illinois Administrative Procedure Act.
(d) (1) In accordance with Section 7.2, after the adoption of
regulations by the United States Environmental Protection Agency to
implement Section 9003 of Subtitle I of the Hazardous and Solid Waste
Amendments of 1984 (P.L. 98-616) of the Resource Conservation and Recovery
Act of 1976 (P.L. 94-580), or any amendments to such regulations, the Board
shall adopt regulations relating to corrective action at underground
storage tanks that are identical in substance to such federal regulations.
(2) The rulemaking provisions of Title VII of this Act and of Section
5-35 of the Illinois Administrative Procedure Act shall not apply to
regulations or amendments adopted pursuant to this subsection (d).
(3) For purposes of adopting regulations or amendments thereto under
this subsection (d), corrective action shall not include requirements
providing for design, construction, installation, general operation,
release detection, release reporting, release determination investigation,
release confirmation, out-of-service systems and their closure or financial
responsibility.
(4) By January 1, 1992, the Board shall amend its rules pertaining to
underground storage tanks adopted under paragraph (1) of this subsection to
make those rules applicable to any heating oil underground storage tank.
(Source: P.A. 87-323; 87-1088; 88-45.)
(415 ILCS 5/22.5) (from Ch. 111 1/2, par. 1022.5)
Sec. 22.5.
By July 1, 1984, the Board shall adopt standards
for the certification of personnel to operate refuse disposal facilities
or sites. Such standards shall provide for, but shall not be limited to,
an evaluation of the prospective operator's prior experience in waste
management operations. The Board may provide for denial of certification
if the prospective operator or any employee or officer of the prospective
operator has a history of
(i) repeated violations of federal, State or local laws, regulations,
standards, or ordinances regarding the operation of refuse disposal facilities or sites;
(ii) conviction in this or another State of any crime which is a felony
under the laws of this State or conviction of a felony in a federal court; or
(iii) proof of gross carelessness or incompetence in handling, storing,
processing, transporting or disposing of any hazardous waste.
(Source: P.A. 83-1362.)
(415 ILCS 5/22.6) (from Ch. 111 1/2, par. 1022.6)
Sec. 22.6.
(a) Commencing July 1, 1984, no person shall cause, threaten
or allow the disposal in any landfill of any liquid hazardous waste unless
specific authorization is obtained from the Agency by the generator and the
landfill owner and operator for the land disposal of that specific waste stream.
(b) The Board shall have the authority to adopt regulations which
prohibit or set limitations on the type, amount and form of liquid hazardous
wastes that may be disposed of in landfills based on the availability of
technically feasible and economically reasonable alternatives to land disposal.
(c) The Agency may grant specific authorization for the land disposal
of liquid hazardous wastes only after the generator has reasonably demonstrated
that, considering current technological feasibility and economic reasonableness,
the hazardous waste cannot be reasonably solidified, stabilized, or recycled
for reuse, nor incinerated or chemically, physically or biologically treated
so as to neutralize the hazardous waste and render it nonhazardous, and
that land disposal is not prohibited or limited by Board regulations. In
granting authorization under this Section, the Agency may impose such
conditions as may be necessary to accomplish the purposes of this Act and
which are consistent with Board regulations. If the Agency refuses to
grant authorization under this Section, the applicant may appeal as if the
Agency refused to grant a permit pursuant to the provisions of subsection
(a) of Section 40 of this Act.
(d) For purposes of this Section, the term "landfill" means a disposal
facility or part of a facility where hazardous waste is placed in or on
land and which is not a land treatment facility, a surface impoundment or
an underground injection well.
(Source: P.A. 83-1078.)
(415 ILCS 5/22.7) (from Ch. 111 1/2, par. 1022.7)
Sec. 22.7.
(a) (Blank).
(b) The Board may adopt regulations relating to a state contingency plan
which are not identical in substance to federal regulations promulgated by
the Administrator of the United States Environmental Protection Agency to
implement Section 105 of the comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (P.L. 96-510), as amended.
Regulations adopted pursuant to this subsection shall be adopted in
accordance with the provisions and requirements of Title VII of this Act
and the procedures for rulemaking in Section 5-35 of the Illinois
Administrative Procedure Act.
(c) Nothing in this Section shall limit the authority of the Agency to
enforce or implement any provision of this Act, including but not limited
to Section 4 or 22.2 of this Act, prior to the adoption of regulations by
the Board under this Section.
(Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.)
(415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
Sec. 22.8. Environmental Protection Permit and Inspection Fund.
(a) There is hereby created in the State Treasury a special fund to be known
as the Environmental Protection Permit and Inspection Fund. All fees collected
by the Agency pursuant to this Section, Section 9.6, 12.2, 16.1, 56.4, 56.5, 56.6, and subsection (f) of Section 5 of this
Act, or pursuant to Section 22 of the Public Water Supply Operations Act or Section 1011 of the Solid Waste Site Operator Certification Law, as well as
funds collected under subsection (b.5) of Section 42 of this Act,
shall be deposited into the Fund. In addition to any monies appropriated
from the General Revenue Fund, monies in the Fund shall be appropriated
by the General Assembly to the Agency in amounts deemed necessary for
manifest, permit, and inspection activities and for performing its functions, powers, and duties under the Solid Waste Site Operator Certification Law.
The General Assembly may appropriate monies in the Fund deemed necessary
for Board regulatory and adjudicatory proceedings.
(a-5) (Blank).
(a-6) (Blank).
(b) The Agency shall collect from the
owner or operator of any of the following types of hazardous waste disposal
sites or management facilities which require a RCRA permit under subsection
(f) of Section 21 of this Act, or a UIC permit under subsection (g) of Section
12 of this Act, an annual fee in the amount of:
(c) Where two or more operational units are located within a single
hazardous waste disposal site, the Agency shall collect from the owner or
operator of such site an annual fee equal to the highest fee imposed by
subsection (b) of this Section upon any single operational unit within the
site.
(d) The fee imposed upon a hazardous waste disposal site under this
Section shall be the exclusive permit and inspection fee applicable to
hazardous waste disposal at such site, provided that nothing in this
Section shall be construed to diminish or otherwise affect any fee imposed
upon the owner or operator of a hazardous waste disposal site by Section 22.2.
(e) The Agency shall establish procedures, no later than December 1,
1984, relating to the collection of the hazardous waste disposal site
fees authorized by this Section. Such procedures shall include, but not be
limited to the time and manner of payment of fees to the Agency, which
shall be quarterly, payable at the beginning of each quarter for hazardous
waste disposal site fees. Annual fees required under paragraph (7) of
subsection (b) of this Section shall accompany the annual report required
by Board regulations for the calendar year for which the report applies.
(f) For purposes of this Section, a hazardous waste disposal site
consists of one or more of the following operational units:
(g) The Agency shall assess a fee for each manifest provided by the
Agency. For manifests provided on or after January 1, 1989 but before July 1,
2003, the fee shall be $1 per manifest. For manifests provided on or after
July 1, 2003, the fee shall be $3 per manifest.
(Source: P.A. 102-1071, eff. 6-10-22.)
(415 ILCS 5/22.9) (from Ch. 111 1/2, par. 1022.9)
Sec. 22.9.
Special waste determinations.
(a) (Blank.)
(b) Not later than December 1, 1990, the Pollution Control Board shall, pursuant
to Title VII of the Act, adopt regulations that establish standards and
criteria for classifying special wastes according to the degree of hazard or
an alternative method.
(c) The Board shall adopt regulations by December 1, 1990,
establishing the standards and criteria by which the Agency may determine
upon written request by any person that a waste or class of waste is not
special waste.
(d) (Blank.)
(e) (Blank.)
(f) The determinations to be made under subsection (c) of this Section shall
not apply to hazardous waste.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.10) (from Ch. 111 1/2, par. 1022.10)
Sec. 22.10.
The Agency may issue permits which authorize owners or
operators of treatment, storage and disposal facilities to
receive Agency approved categories of waste from multiple generators.
(Source: P.A. 83-1528.)
(415 ILCS 5/22.12) (from Ch. 111 1/2, par. 1022.12)
Sec. 22.12.
(a) The Agency shall coordinate with the Office of the State
Fire Marshal in the administration of the Leaking Underground Storage Tank
program, as established in Subtitle I of the Hazardous and Solid Waste
Amendments of 1984 (P.L. 98-616), as amended, of the Resource Conservation
and Recovery Act of 1976 (P.L. 94-580). The Agency shall act as the lead
agency in the formulation of regulations and policies, and shall be
responsible for groundwater monitoring and any necessary site cleanup
requirements encountered under the Resource Conservation and Recovery Act
of 1976, the Comprehensive Environmental Response Compensation and
Liability Act, or the State "Clean Illinois" program.
(b) By May 8, 1986, a person who is the owner of an underground storage
tank containing hazardous waste on July 1, 1986 shall register the tank
with the Agency on the form provided by the Agency pursuant to Subtitle I of
The Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616) of the
Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as amended.
(c) A person who is the owner of an underground storage tank containing
hazardous waste installed or replaced after July 1, 1986 shall register
prior to the installation of the tank.
(d) Except as otherwise provided in subsection (e), a person who is the
owner of an underground storage tank containing hazardous waste registered
under subsection (b) or (c) shall notify the Agency of any change in the
information required under this Section or of the removal of an underground
storage tank from service.
(e) A person who is the owner of an underground storage tank containing
hazardous waste the contents of which are changed routinely shall indicate
all the materials which are stored in the tank on the registration form. A
person providing the information described in this subsection is not
required to notify the Agency of changes in the contents of the tank unless
the material to be stored in the tank differs from the information
provided on the registration form.
(Source: P.A. 88-496.)
(415 ILCS 5/22.13) (from Ch. 111 1/2, par. 1022.13)
Sec. 22.13.
(Repealed).
(Source: Repealed by P.A. 88-496.)
(415 ILCS 5/22.14) (from Ch. 111 1/2, par. 1022.14)
Sec. 22.14.
(a) No person may establish any pollution control
facility for use as a garbage transfer station, which is located less than
1000 feet from the nearest property zoned for primarily residential uses
or within 1000 feet of any dwelling, except in counties of at least
3,000,000 inhabitants. In counties of at least 3,000,000 inhabitants, no
person may establish any pollution control facility for use as a
garbage transfer station which is located less than 1000 feet from the
nearest property zoned for primarily residential uses, provided,
however, a station which is located in an industrial area of 10 or more
contiguous acres may be located within 1000 feet but no closer than 800
feet from the nearest property zoned for primarily residential uses.
However, in a county with over 300,000 and less than 350,000 inhabitants,
a station used for the transfer or separation of waste for recycling or
disposal in a sanitary landfill that is located in an industrial area of 10
or more acres may be located within 1000 feet but no closer than 800 feet
from the nearest property zoned for primarily residential uses.
(b) This Section does not prohibit (i) any such facility which is in
existence on January 1, 1988, nor (ii) any facility in existence on January 1,
1988, as expanded before January 1, 1990, to include processing and
transferring of municipal wastes for both recycling and disposal purposes, nor
(iii) any such facility which becomes nonconforming due to a change in zoning
or the establishment of a dwelling which occurs after the establishment of the
facility, nor (iv) any facility established by a municipality with a population
in excess of 1,000,000, nor (v) any transfer facility operating on January 1,
1988. No facility described in item (ii) shall, after July 14, 1995, accept landscape waste
and other municipal waste in the same vehicle load. However, the use of an
existing pollution control facility as a garbage transfer station shall be
deemed to be the establishment of a new facility, and shall be subject to
subsection (a), if such facility had not been used as a garbage transfer
station within one year prior to January 1, 1988.
(Source: P.A. 88-681, eff. 12-22-94; 89-143, eff. 7-14-95; 89-336,
eff. 8-17-95; 89-626, eff. 8-9-96.)
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
(Text of Section from P.A. 102-699)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the Solid Waste Management Fund, to be
constituted from the fees collected by the State pursuant to this Section,
from repayments of loans made from the Fund for solid waste projects, from registration fees collected pursuant to the Consumer Electronics Recycling Act, and from amounts transferred into the Fund pursuant to Public Act 100-433.
Moneys received by either the Agency or the Department of Commerce and Economic Opportunity
in repayment of loans made pursuant to the Illinois Solid Waste Management
Act shall be deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a
fee in the amount set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency to dispose of
solid waste if the sanitary landfill is located off the site where such waste
was produced and if such sanitary landfill is owned, controlled, and operated
by a person other than the generator of such waste. The Agency shall deposit
all fees collected into the Solid Waste Management Fund. If a site is
contiguous to one or more landfills owned or operated by the same person, the
volumes permanently disposed of by each landfill shall be combined for purposes
of determining the fee under this subsection. Beginning on July 1, 2018, and on the first day of each month thereafter during fiscal years 2019 through 2023, the State Comptroller shall direct and State Treasurer shall transfer an amount equal to 1/12 of $5,000,000 per fiscal year from the Solid Waste Management Fund to the General Revenue Fund.
(c) (Blank).
(d) The Agency shall establish rules relating to the collection of the
fees authorized by this Section. Such rules shall include, but not be
limited to:
(e) Pursuant to appropriation, all monies in the Solid Waste Management
Fund shall be used by the Agency for the purposes set forth in this Section and in the Illinois
Solid Waste Management Act, including for the costs of fee collection and
administration, and for the administration of (1) the Consumer Electronics Recycling Act and (2) until January 1, 2020, the Electronic Products Recycling and Reuse Act.
(f) The Agency is authorized to enter into such agreements and to
promulgate such rules as are necessary to carry out its duties under this
Section and the Illinois Solid Waste Management Act.
(g) On the first day of January, April, July, and October of each year,
beginning on July 1, 1996, the State Comptroller and Treasurer shall
transfer $500,000 from the Solid Waste Management Fund to the Hazardous Waste
Fund. Moneys transferred under this subsection (g) shall be used only for the
purposes set forth in item (1) of subsection (d) of Section 22.2.
(h) The Agency is authorized to provide financial assistance to units of
local government for the performance of inspecting, investigating and
enforcement activities pursuant to Section 4(r) at nonhazardous solid
waste disposal sites.
(i) The Agency is authorized to conduct household waste collection and
disposal programs.
(j) A unit of local government, as defined in the Local Solid Waste Disposal
Act, in which a solid waste disposal facility is located may establish a fee,
tax, or surcharge with regard to the permanent disposal of solid waste.
All fees, taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including long-term monitoring
and maintenance of landfills, planning, implementation, inspection, enforcement
and other activities consistent with the Solid Waste Management Act and the
Local Solid Waste Disposal Act, or for any other environment-related purpose,
including, but not limited to, an environment-related public works project, but
not for the construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection (j) upon the
solid waste disposal facility shall not exceed:
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a highway
commissioner whose road district lies wholly or partially within the
corporate limits of the unit of local government for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has been dumped
on public property in violation of a State law or local ordinance.
For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160, the total fee, tax, or surcharge imposed by
all units of local government under this subsection (j) upon
the solid waste disposal facility shall not exceed 50% of the
applicable amount set forth above. A unit of local government,
as defined in the Local Solid Waste Disposal Act, in which a
general construction or demolition debris recovery facility is
located may establish a fee, tax, or surcharge on the general construction or demolition debris recovery facility with
regard to the permanent disposal of solid waste by the
general construction or demolition debris recovery facility at
a solid waste disposal facility, provided that such fee, tax,
or surcharge shall not exceed 50% of the applicable amount set
forth above, based on the total amount of solid waste transported from the general construction or demolition debris recovery facility for disposal at solid waste disposal facilities, and the unit of local government and fee shall be
subject to all other requirements of this subsection (j).
A county or Municipal Joint Action Agency that imposes a fee, tax, or
surcharge under this subsection may use the proceeds thereof to reimburse a
municipality that lies wholly or partially within its boundaries for expenses
incurred in the removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local ordinance.
If the fees are to be used to conduct a local sanitary landfill
inspection or enforcement program, the unit of local government must enter
into a written delegation agreement with the Agency pursuant to subsection
(r) of Section 4. The unit of local government and the Agency shall enter
into such a written delegation agreement within 60 days after the
establishment of such fees. At least annually,
the Agency shall conduct an audit of the expenditures made by units of local
government from the funds granted by the Agency to the units of local
government for purposes of local sanitary landfill inspection and enforcement
programs, to ensure that the funds have been expended for the prescribed
purposes under the grant.
The fees, taxes or surcharges collected under this subsection (j) shall
be placed by the unit of local government in a separate fund, and the
interest received on the moneys in the fund shall be credited to the fund. The
monies in the fund may be accumulated over a period of years to be
expended in accordance with this subsection.
A unit of local government, as defined in the Local Solid Waste Disposal
Act, shall prepare and post on its website, in April of each year, a
report that details spending plans for monies collected in accordance with
this subsection. The report will at a minimum include the following:
The exemptions granted under Sections 22.16 and 22.16a, and under
subsection (k) of this Section, shall be applicable to any fee,
tax or surcharge imposed under this subsection (j); except that the fee,
tax or surcharge authorized to be imposed under this subsection (j) may be
made applicable by a unit of local government to the permanent disposal of
solid waste after December 31, 1986, under any contract lawfully executed
before June 1, 1986 under which more than 150,000 cubic yards (or 50,000 tons)
of solid waste is to be permanently disposed of, even though the waste is
exempt from the fee imposed by the State under subsection (b) of this Section
pursuant to an exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the Illinois Solid
Waste Management Act, beginning January 1, 1989 the fee under subsection
(b) and the fee, tax or surcharge under subsection (j) shall not apply to:
(Text of Section from P.A. 102-813)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the Solid Waste Management Fund, to be
constituted from the fees collected by the State pursuant to this Section,
from repayments of loans made from the Fund for solid waste projects, from registration fees collected pursuant to the Consumer Electronics Recycling Act, and from amounts transferred into the Fund pursuant to Public Act 100-433.
Moneys received by either the Agency or the Department of Commerce and Economic Opportunity
in repayment of loans made pursuant to the Illinois Solid Waste Management
Act shall be deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a
fee in the amount set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency to dispose of
solid waste if the sanitary landfill is located off the site where such waste
was produced and if such sanitary landfill is owned, controlled, and operated
by a person other than the generator of such waste. The Agency shall deposit
all fees collected into the Solid Waste Management Fund. If a site is
contiguous to one or more landfills owned or operated by the same person, the
volumes permanently disposed of by each landfill shall be combined for purposes
of determining the fee under this subsection. Beginning on July 1, 2018, and on the first day of each month thereafter during fiscal years 2019 through 2022, the State Comptroller shall direct and State Treasurer shall transfer an amount equal to 1/12 of $5,000,000 per fiscal year from the Solid Waste Management Fund to the General Revenue Fund.
(c) (Blank).
(d) The Agency shall establish rules relating to the collection of the
fees authorized by this Section. Such rules shall include, but not be
limited to:
(e) Pursuant to appropriation, all monies in the Solid Waste Management
Fund shall be used by the Agency for the purposes set forth in this Section and in the Illinois
Solid Waste Management Act, including for the costs of fee collection and
administration, and for the administration of (1) the Consumer Electronics Recycling Act and (2) until January 1, 2020, the Electronic Products Recycling and Reuse Act.
(f) The Agency is authorized to enter into such agreements and to
promulgate such rules as are necessary to carry out its duties under this
Section and the Illinois Solid Waste Management Act.
(g) On the first day of January, April, July, and October of each year,
beginning on July 1, 1996, the State Comptroller and Treasurer shall
transfer $500,000 from the Solid Waste Management Fund to the Hazardous Waste
Fund. Moneys transferred under this subsection (g) shall be used only for the
purposes set forth in item (1) of subsection (d) of Section 22.2.
(h) The Agency is authorized to provide financial assistance to units of
local government for the performance of inspecting, investigating and
enforcement activities pursuant to Section 4(r) at nonhazardous solid
waste disposal sites.
(i) The Agency is authorized to conduct household waste collection and
disposal programs.
(j) A unit of local government, as defined in the Local Solid Waste Disposal
Act, in which a solid waste disposal facility is located may establish a fee,
tax, or surcharge with regard to the permanent disposal of solid waste.
All fees, taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including long-term monitoring
and maintenance of landfills, planning, implementation, inspection, enforcement
and other activities consistent with the Solid Waste Management Act and the
Local Solid Waste Disposal Act, or for any other environment-related purpose,
including, but not limited to, an environment-related public works project, but
not for the construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection (j) upon the
solid waste disposal facility shall not exceed:
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a highway
commissioner whose road district lies wholly or partially within the
corporate limits of the unit of local government for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has been dumped
on public property in violation of a State law or local ordinance.
For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160, the total fee, tax, or surcharge imposed by
all units of local government under this subsection (j) upon
the solid waste disposal facility shall not exceed 50% of the
applicable amount set forth above. A unit of local government,
as defined in the Local Solid Waste Disposal Act, in which a
general construction or demolition debris recovery facility is
located may establish a fee, tax, or surcharge on the general construction or demolition debris recovery facility with
regard to the permanent disposal of solid waste by the
general construction or demolition debris recovery facility at
a solid waste disposal facility, provided that such fee, tax,
or surcharge shall not exceed 50% of the applicable amount set
forth above, based on the total amount of solid waste transported from the general construction or demolition debris recovery facility for disposal at solid waste disposal facilities, and the unit of local government and fee shall be
subject to all other requirements of this subsection (j).
A county or Municipal Joint Action Agency that imposes a fee, tax, or
surcharge under this subsection may use the proceeds thereof to reimburse a
municipality that lies wholly or partially within its boundaries for expenses
incurred in the removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local ordinance.
If the fees are to be used to conduct a local sanitary landfill
inspection or enforcement program, the unit of local government must enter
into a written delegation agreement with the Agency pursuant to subsection
(r) of Section 4. The unit of local government and the Agency shall enter
into such a written delegation agreement within 60 days after the
establishment of such fees. At least annually,
the Agency shall conduct an audit of the expenditures made by units of local
government from the funds granted by the Agency to the units of local
government for purposes of local sanitary landfill inspection and enforcement
programs, to ensure that the funds have been expended for the prescribed
purposes under the grant.
The fees, taxes or surcharges collected under this subsection (j) shall
be placed by the unit of local government in a separate fund, and the
interest received on the moneys in the fund shall be credited to the fund. The
monies in the fund may be accumulated over a period of years to be
expended in accordance with this subsection.
A unit of local government, as defined in the Local Solid Waste Disposal
Act, shall prepare and post on its website, in April of each year, a
report that details spending plans for monies collected in accordance with
this subsection. The report will at a minimum include the following:
The exemptions granted under Sections 22.16 and 22.16a, and under
subsection (k) of this Section, shall be applicable to any fee,
tax or surcharge imposed under this subsection (j); except that the fee,
tax or surcharge authorized to be imposed under this subsection (j) may be
made applicable by a unit of local government to the permanent disposal of
solid waste after December 31, 1986, under any contract lawfully executed
before June 1, 1986 under which more than 150,000 cubic yards (or 50,000 tons)
of solid waste is to be permanently disposed of, even though the waste is
exempt from the fee imposed by the State under subsection (b) of this Section
pursuant to an exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the Illinois Solid
Waste Management Act, beginning January 1, 1989 the fee under subsection
(b) and the fee, tax or surcharge under subsection (j) shall not apply to:
(Text of Section from P.A. 102-1055)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the Solid Waste Management Fund, to be
constituted from the fees collected by the State pursuant to this Section,
from repayments of loans made from the Fund for solid waste projects, from registration fees collected pursuant to the Consumer Electronics Recycling Act, and from amounts transferred into the Fund pursuant to Public Act 100-433.
Moneys received by either the Agency or the Department of Commerce and Economic Opportunity
in repayment of loans made pursuant to the Illinois Solid Waste Management
Act shall be deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a
fee in the amount set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency to dispose of
solid waste if the sanitary landfill is located off the site where such waste
was produced and if such sanitary landfill is owned, controlled, and operated
by a person other than the generator of such waste. The Agency shall deposit
all fees collected into the Solid Waste Management Fund. If a site is
contiguous to one or more landfills owned or operated by the same person, the
volumes permanently disposed of by each landfill shall be combined for purposes
of determining the fee under this subsection. Beginning on July 1, 2018, and on the first day of each month thereafter during fiscal years 2019 through 2022, the State Comptroller shall direct and State Treasurer shall transfer an amount equal to 1/12 of $5,000,000 per fiscal year from the Solid Waste Management Fund to the General Revenue Fund.
(c) (Blank).
(d) The Agency shall establish rules relating to the collection of the
fees authorized by this Section. Such rules shall include, but not be
limited to:
(e) Pursuant to appropriation, all monies in the Solid Waste Management
Fund shall be used by the Agency for the purposes set forth in this Section and in the Illinois
Solid Waste Management Act, including for the costs of fee collection and
administration, and for the administration of the Consumer Electronics Recycling Act and the Drug Take-Back Act.
(f) The Agency is authorized to enter into such agreements and to
promulgate such rules as are necessary to carry out its duties under this
Section and the Illinois Solid Waste Management Act.
(g) On the first day of January, April, July, and October of each year,
beginning on July 1, 1996, the State Comptroller and Treasurer shall
transfer $500,000 from the Solid Waste Management Fund to the Hazardous Waste
Fund. Moneys transferred under this subsection (g) shall be used only for the
purposes set forth in item (1) of subsection (d) of Section 22.2.
(h) The Agency is authorized to provide financial assistance to units of
local government for the performance of inspecting, investigating and
enforcement activities pursuant to Section 4(r) at nonhazardous solid
waste disposal sites.
(i) The Agency is authorized to conduct household waste collection and
disposal programs.
(j) A unit of local government, as defined in the Local Solid Waste Disposal
Act, in which a solid waste disposal facility is located may establish a fee,
tax, or surcharge with regard to the permanent disposal of solid waste.
All fees, taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including long-term monitoring
and maintenance of landfills, planning, implementation, inspection, enforcement
and other activities consistent with the Solid Waste Management Act and the
Local Solid Waste Disposal Act, or for any other environment-related purpose,
including, but not limited to, an environment-related public works project, but
not for the construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection (j) upon the
solid waste disposal facility shall not exceed:
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a highway
commissioner whose road district lies wholly or partially within the
corporate limits of the unit of local government for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has been dumped
on public property in violation of a State law or local ordinance.
For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160, the total fee, tax, or surcharge imposed by
all units of local government under this subsection (j) upon
the solid waste disposal facility shall not exceed 50% of the
applicable amount set forth above. A unit of local government,
as defined in the Local Solid Waste Disposal Act, in which a
general construction or demolition debris recovery facility is
located may establish a fee, tax, or surcharge on the general construction or demolition debris recovery facility with
regard to the permanent disposal of solid waste by the
general construction or demolition debris recovery facility at
a solid waste disposal facility, provided that such fee, tax,
or surcharge shall not exceed 50% of the applicable amount set
forth above, based on the total amount of solid waste transported from the general construction or demolition debris recovery facility for disposal at solid waste disposal facilities, and the unit of local government and fee shall be
subject to all other requirements of this subsection (j).
A county or Municipal Joint Action Agency that imposes a fee, tax, or
surcharge under this subsection may use the proceeds thereof to reimburse a
municipality that lies wholly or partially within its boundaries for expenses
incurred in the removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local ordinance.
If the fees are to be used to conduct a local sanitary landfill
inspection or enforcement program, the unit of local government must enter
into a written delegation agreement with the Agency pursuant to subsection
(r) of Section 4. The unit of local government and the Agency shall enter
into such a written delegation agreement within 60 days after the
establishment of such fees. At least annually,
the Agency shall conduct an audit of the expenditures made by units of local
government from the funds granted by the Agency to the units of local
government for purposes of local sanitary landfill inspection and enforcement
programs, to ensure that the funds have been expended for the prescribed
purposes under the grant.
The fees, taxes or surcharges collected under this subsection (j) shall
be placed by the unit of local government in a separate fund, and the
interest received on the moneys in the fund shall be credited to the fund. The
monies in the fund may be accumulated over a period of years to be
expended in accordance with this subsection.
A unit of local government, as defined in the Local Solid Waste Disposal
Act, shall prepare and post on its website, in April of each year, a
report that details spending plans for monies collected in accordance with
this subsection. The report will at a minimum include the following:
The exemptions granted under Sections 22.16 and 22.16a, and under
subsection (k) of this Section, shall be applicable to any fee,
tax or surcharge imposed under this subsection (j); except that the fee,
tax or surcharge authorized to be imposed under this subsection (j) may be
made applicable by a unit of local government to the permanent disposal of
solid waste after December 31, 1986, under any contract lawfully executed
before June 1, 1986 under which more than 150,000 cubic yards (or 50,000 tons)
of solid waste is to be permanently disposed of, even though the waste is
exempt from the fee imposed by the State under subsection (b) of this Section
pursuant to an exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the Illinois Solid
Waste Management Act, beginning January 1, 1989 the fee under subsection
(b) and the fee, tax or surcharge under subsection (j) shall not apply to:
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. 8-20-21; 102-1055, eff. 6-10-22.)
(415 ILCS 5/22.15a)
Sec. 22.15a. Open dumping cleanup program.
(a) Upon making a finding that open dumping poses a threat to the public
health or to the environment, the Agency may take whatever preventive or
corrective action is necessary or appropriate to end that threat. This
preventive or corrective action may consist of any or all of the following:
(b) Subject to the availability of appropriated funds, the Agency may
undertake a consensual removal action for the removal of up to 20 cubic yards
of waste at no cost to the owner of property where open dumping has occurred in accordance with the following
requirements:
(c) The Agency may provide notice to the owner of property where open dumping has occurred whenever the
Agency finds that open dumping poses a threat to public health or the
environment. The notice provided by the Agency must include the identified
preventive or corrective action
and must provide an opportunity for the owner to perform the action.
(d) In accordance with constitutional limitations, the Agency may enter, at
all reasonable times, upon any private or public property for the purpose of
taking any preventive or corrective action that is necessary and appropriate
under this Section whenever the Agency finds that open dumping poses a threat
to the public health or to the environment.
(e) Notwithstanding any other provision or rule of law and subject only to
the defenses set forth in subsection (g) of this Section, the following persons
shall be liable for all costs of corrective or preventive action incurred by
the State of Illinois as a result
of open dumping, including the reasonable costs of collection:
Any moneys received by the Agency under this subsection (e) must be deposited
into the Subtitle D Management Fund.
(f) Any person liable to the Agency for costs incurred under subsection (e)
of this Section may be liable to the State of Illinois for punitive damages in
an amount at least equal to and not more than 3 times the costs incurred by the
State if that person failed, without sufficient cause, to take preventive or
corrective action under the notice issued under subsection (c) of this Section.
(g) There shall be no liability under subsection (e) of this Section for a
person otherwise liable who can establish by a preponderance of the evidence
that the hazard created by the open dumping was caused solely by:
(h) Nothing in this Section shall affect or modify the obligations or
liability of any person under any other provision of this Act, federal law, or
State law, including the common law, for injuries, damages, or losses resulting
from the circumstances leading to Agency action under this Section.
(i) The costs and damages provided for in this Section may be imposed by the
Board in an action brought before the Board in accordance with Title VIII of
this Act, except that subsection (c) of Section 33 of this Act shall not apply
to any such action.
(j) Except for willful and wanton misconduct, neither the State, the Director, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any act or omission occurring under the provisions of this amendatory Act of the 94th General Assembly.
(k) Before taking preventive or corrective action under this Section, the Agency shall consider whether the open dumping:
In taking preventive or corrective action under this Section, the Agency shall not expend more than $50,000 at any single site in response to open dumping unless: (i) the Director determines that the open dumping poses an imminent and substantial endangerment to the public health or welfare or the environment; or (ii) the General Assembly appropriates more than $50,000 for preventive or corrective action in response to the open dumping, in which case the Agency may spend the appropriated amount.
(Source: P.A. 94-272, eff. 7-19-05.)
(415 ILCS 5/22.16) (from Ch. 111 1/2, par. 1022.16)
Sec. 22.16.
Fee exemptions.
(a) The Agency shall grant exemptions from the fee
requirements of Section 22.15 of this Act for permanent disposal or
transport of solid waste meeting all of the following criteria:
(b) Exemptions granted under this Section shall cause the solid waste
received by an owner or operator of a sanitary landfill pursuant to a
contract exempted under this Section to be disregarded in calculating the
volume or weight of solid waste permanently disposed of during a calendar
year under Section 22.15 of this Act.
(c) (Blank.)
(d) It shall be the duty of an owner or operator of a sanitary landfill
to keep accurate records and to prove to the satisfaction of the Agency the
volume or weight of solid waste received under an exemption during a calendar
year.
(e) Exemptions under this Section shall expire upon the expiration,
renewal or amendment of the exempted contract, whichever occurs first.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.16a) (from Ch. 111 1/2, par. 1022.16a)
Sec. 22.16a.
Additional fee exemptions.
(a) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, the Agency shall grant exemptions from
the fee requirements of Section 22.15 of this Act for solid waste meeting
all of the following criteria:
(b) Exemptions granted under this Section shall cause the solid waste
exempted under subsection (a) which is permanently disposed of by an owner
or operator of a sanitary landfill to be disregarded in calculating the volume
or weight of solid waste permanently disposed of during a calendar year
under Section 22.15 of this Act.
(c) Applications for exemptions under this Section must be submitted on
forms provided by the Agency for such purpose, together with proof of
satisfaction of all criteria for granting the exemption. For applications received on or after
March 1, 1989, exemptions issued under subsection (a) shall be effective
beginning with the next calendar quarter following issuance of the exemption.
(d) If the Agency denies a request made pursuant to subsection (a), the
applicant may seek review before the Board pursuant to Section 40 as if the
Agency had denied an application for a permit. If the Agency fails to act
within 90 days after receipt of an application, the request shall be deemed
granted until such time as the Agency has taken final action.
(e) It shall be the duty of an owner or operator of a sanitary landfill
to keep accurate records and to prove to the satisfaction of the Agency the
volume or weight of solid waste received under an exemption during a
calendar year.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.16b) (from Ch. 111 1/2, par. 1022.16b)
Sec. 22.16b. (a) Beginning January 1, 1991, the Agency shall assess and
collect a fee from the owner or operator of each new municipal waste
incinerator. The fee shall be calculated by applying the rates established
from time to time for the disposal of solid waste at sanitary landfills
under subdivision (b)(1) of Section 22.15 to the total amount of municipal
waste accepted for incineration at the new municipal waste incinerator.
The exemptions provided by this Act to the fees imposed under subsection
(b) of Section 22.15 shall not apply to the fee imposed by this Section.
The owner or operator of any new municipal waste incinerator permitted
after January 1, 1990, but before July 1, 1990 by the Agency for the
development or operation of a new municipal waste incinerator shall be exempt
from this fee, but shall include the following conditions:
For the purposes of this Section, "new municipal waste incinerator" means
a municipal waste incinerator initially permitted for development or
construction on or after January 1, 1990.
Amounts collected under this subsection shall be deposited into the
Municipal Waste Incinerator Tax Fund, which is hereby established as an
interest-bearing special fund in the State Treasury. Monies in the Fund
may be used, subject to appropriation:
(b) Any permit issued by the Agency for the development or operation of
a new municipal waste incinerator shall include the following conditions:
The Agency, after careful scrutiny of a permit application for the
construction, development or operation of a new municipal waste incinerator,
shall deny the permit if (i) the Agency finds in the permit application
noncompliance with the laws and rules of the State or (ii) the application
indicates that the mandated air emissions standards will not be reached within
six months of the proposed municipal waste incinerator beginning operation.
(c) The Agency shall adopt specific limitations on the emission of
mercury, chromium, cadmium and lead, and good combustion practices, including
temperature controls from municipal waste incinerators pursuant to Section 9.4
of the Act.
(d) The Agency shall establish household hazardous waste collection
centers in appropriate places in this State. The Agency may operate and
maintain the centers itself or may contract with other parties for that
purpose. The Agency shall ensure that the wastes collected are properly
disposed of. The collection centers may charge fees for their services,
not to exceed the costs incurred. Such collection centers shall not (i) be
regulated as hazardous waste facilities under RCRA nor (ii) be subject to
local siting approval under Section 39.2 if the local governing authority
agrees to waive local siting approval procedures.
(Source: P.A. 102-444, eff. 8-20-21.)
(415 ILCS 5/22.17) (from Ch. 111 1/2, par. 1022.17)
Sec. 22.17.
Landfill post-closure care.
(a) The owner and operator of a sanitary landfill site
that is not a site subject to subsection (a.5) or (a.10) of this Section
shall monitor gas, water and settling at the completed site for a period of
15 years after the site is completed or closed, or such longer period as may
be required by Board or federal regulation.
(a.5) The owner and operator of a MSWLF unit that accepts household waste
after October 8, 1993, shall conduct post-closure care at the site for a period
of 30 years after the site is completed or closed, or such other period as may
be approved by the Agency pursuant to Board or federal rules.
(a.10) The owner and operator of a MSWLF unit that accepts household waste
on or after October 9, 1991, but stops receiving waste before October 9, 1993,
and installs final cover more than 6 months after the receipt of the final
volume of waste shall conduct post-closure care at the site for a period of 30
years after the site is completed or closed, or such other period as may be
approved by the Agency pursuant to Board or federal rules.
(b) The owner and operator of a sanitary landfill that is not a facility
subject to subsection (a.5) or (a.10) of this Section shall take whatever
remedial action is necessary to abate any gas, water or settling problems which
appear during such period of time specified in subsection (a).
The owner and operator of a MSWLF unit that accepts household waste after
October 8, 1993, shall take whatever remedial action is required under
Sections 22.40 and 22.41 of this Act during the period of time specified in
subsection (a.5) or (a.10).
(c) Except for MSWLF units that received household waste on or after
October 9, 1991, this Section does not apply to a landfill used exclusively for
the disposal of waste generated at the site.
(Source: P.A. 88-496.)
(415 ILCS 5/22.18) (from Ch. 111 1/2, par. 1022.18)
Sec. 22.18.
(Repealed).
(Source: Repealed by P.A. 88-496.)
(415 ILCS 5/22.18b) (from Ch. 111 1/2, par. 1022.18b)
Sec. 22.18b.
(Repealed).
(Source: Repealed by P.A. 88-496.)
(415 ILCS 5/22.18c) (from Ch. 111 1/2, par. 1022.18c)
Sec. 22.18c.
(Repealed).
(Source: Repealed by P.A. 88-496.)
(415 ILCS 5/22.19) (from Ch. 111 1/2, par. 1022.19)
Sec. 22.19.
(a) Counties with 200,000 or more
inhabitants but fewer than 300,000 inhabitants, which border on the
Mississippi River, may by ordinance set
reasonable operating hours for all sanitary landfills and waste-to-energy
facilities within their boundaries
that receive wastes from sources off the site where such landfills or
waste-to-energy facilities are located.
(b) Beginning January 1, 1989, the Agency shall not grant any permit for
the construction or operation of a solid waste disposal facility on a site
which is held in a land trust, unless the application therefor has been
signed by all beneficiaries of the land trust.
(Source: P.A. 85-1311.)
(415 ILCS 5/22.19a)
Sec. 22.19a.
Floodplain.
(a) On and after January 1, 1998, no sanitary landfill or waste disposal
site that is a pollution control facility, or any part of a
sanitary landfill
or waste disposal site that is a pollution control facility, may be located
within the boundary of the 100-year floodplain.
(b) Subsection (a) shall not apply to the following:
(Source: P.A. 90-503, eff. 8-19-97; 91-588, eff. 8-14-99.)
(415 ILCS 5/22.19b)
Sec. 22.19b.
Postclosure care requirements.
(a) For those sanitary landfills and waste disposal sites located
within the
boundary of the 100-year floodplain pursuant to paragraph (3) of subsection
(b) of Section
22.19a, to address the risks posed by flooding to the integrity of the
sanitary landfill or waste disposal site, the owner or operator of the sanitary
landfill or waste disposal site shall comply with the following financial
assurance requirements for that portion of the site permitted for the disposal
of solid waste within the boundary of the 100-year floodplain:
(b) Any sanitary landfill or waste disposal site owner or operator subject
to subsection (a) of this Section must certify in the facility's application
for permit renewal that the postclosure care activities set forth in the
postclosure care plan to comply with this Section have been met and will be
performed.
(c) Nothing in this Section shall be construed as limiting the general
authority of the Board to adopt rules pursuant to Title VII of this Act.
(d) Notwithstanding any requirements of this Section, the owner or
operator of any landfill or waste disposal facility located in a 100-year
floodplain shall, upon receipt
of notification from the Agency, repair damage to that facility caused by a
100-year flood.
(Source: P.A. 90-503, eff. 8-19-97; 91-588, eff. 8-14-99.)
(415 ILCS 5/22.20) (from Ch. 111 1/2, par. 1022.20)
Sec. 22.20.
(Repealed).
(Source: P.A. 86-820. Repealed by P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.21) (from Ch. 111 1/2, par. 1022.21)
Sec. 22.21.
During operation of a pollution control
facility, the operator shall comply with the safety standards relating to
construction established pursuant to the federal Occupational Safety and
Health Act of 1970, Title 29, United States Code, Sections 651 through 678,
Public Law 91-596, as amended.
(Source: P.A. 91-357, eff. 7-29-99.)
(415 ILCS 5/22.22) (from Ch. 111 1/2, par. 1022.22)
Sec. 22.22.
Landscape waste.
(a) Beginning July 1, 1990, no person may knowingly mix
landscape waste that is intended for collection or for disposal at a
landfill with any other municipal waste.
(b) Beginning July 1, 1990, no person may knowingly put landscape waste
into a container intended for collection or disposal at a landfill, unless
such container is biodegradable.
(c) Beginning July 1, 1990, no owner or operator of a sanitary landfill
shall accept landscape waste for final disposal, except that landscape waste
separated from municipal waste may be accepted by a sanitary landfill if (1)
the landfill provides and maintains for that purpose separate landscape waste
composting facilities and composts all landscape waste, and (2) the composted
waste is utilized, by the operators of the landfill or by any other person, as
part of the final vegetative cover for the landfill or for such other uses as
soil conditioning material, or the landfill has received an Agency permit to
use source separated and processed landscape waste as an alternative daily
cover and the landscape waste is processed at a site, other than the sanitary
landfill, that has received an Agency permit before July 30, 1997 to process landscape waste.
For purposes of this Section, (i) "source separated" means divided into its
component parts at the point of generation and collected separately
from other solid waste and (ii) "processed" means shredded by mechanical means
to reduce the landscape waste to a uniform consistency.
(d) The requirements of this Section shall not apply (i) to landscape
waste collected as part of a municipal street sweeping operation where the
intent is to provide street sweeping service rather than leaf collection,
nor (ii) to landscape waste collected by bar screens or grates in a sewage
treatment system.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.23) (from Ch. 111 1/2, par. 1022.23)
Sec. 22.23. Batteries.
(a) Beginning September 1, 1990, any person selling lead-acid batteries at
retail or offering lead-acid batteries for retail sale in this State shall:
(b) Any person selling lead-acid batteries at retail in this State may
either charge a recycling fee on each new lead-acid battery sold
for which the customer does not return a used battery to the retailer, or
provide a recycling credit to each customer who returns a used battery for
recycling at the time of purchasing a new one.
(c) Beginning September 1, 1990, no lead-acid battery retailer
may dispose of a used lead-acid
battery except by delivering it (1) to a battery wholesaler or its agent,
(2) to a battery manufacturer, (3) to a collection or recycling facility that accepts lead-acid batteries,
or (4) to a secondary lead smelter permitted by either a state or federal
environmental agency.
(d) Any person selling lead-acid batteries at wholesale or offering
lead-acid batteries for sale at wholesale shall accept for recycling used
lead-acid batteries from customers, at the point of transfer,
in a quantity equal to the number of new batteries purchased.
Such used batteries shall be disposed of as provided in subsection (c).
(e) A person who accepts used lead-acid batteries for recycling pursuant
to subsection (a) or (d) shall not allow such batteries to accumulate for
periods of more than 90 days.
(f) Beginning September 1, 1990, no person may knowingly cause or allow:
(f-5) Beginning January 1, 2020, no person shall knowingly mix a lead-acid battery with any other material intended for collection as a recyclable material by a hauler.
Beginning January 1, 2020, no person shall knowingly place a lead-acid battery into a container intended for collection by a hauler for processing at a recycling center.
(g) (Blank).
(h) For the purpose of this Section:
"Lead-acid battery" means a battery containing lead and sulfuric acid
that has a nominal voltage of at least 6 volts and is intended for use in
motor vehicles.
"Motor vehicle" includes automobiles, vans, trucks, tractors, motorcycles
and motorboats.
(i) (Blank).
(j) Knowing violation of this Section shall be a petty offense
punishable by a fine of $100.
(Source: P.A. 100-621, eff. 7-20-18; 101-137, eff. 7-26-19.)
(415 ILCS 5/22.23a)
Sec. 22.23a.
Fluorescent and high intensity discharge lamps.
(a) As used in this Section, "fluorescent or high intensity discharge
lamp" means a lighting device that contains mercury and generates light
through the discharge of electricity either directly or indirectly through a
fluorescent coating, including a mercury vapor, high pressure sodium, or metal
halide lamp containing mercury, lead, or cadmium.
(b) No person may knowingly cause or allow the disposal of any fluorescent
or high intensity discharge lamp in any municipal waste incinerator beginning
July 1, 1997. This Section does not apply to lamps generated by households.
(c) (1) Hazardous fluorescent and high intensity discharge lamps are hereby designated as a category of universal waste subject to the streamlined hazardous waste rules set forth in Title 35 of the Illinois Administrative Code, Subtitle G, Chapter I, Subchapter c, Part 733 ("Part 733"). Within 60 days of August 19, 1997 (the effective date of Public Act 90-502) the Agency shall propose, and within 180 days of receipt of the Agency's proposal the Board shall adopt, rules that reflect this designation and that prescribe procedures and standards for the management of hazardous fluorescent and high intensity discharge lamps as universal waste.
(d) (Blank.)
(e) (Blank.)
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.23b)
Sec. 22.23b. Mercury and mercury-added products.
(a) Beginning July 1, 2005, no person shall purchase or accept, for use in a primary or secondary school classroom, bulk elemental mercury, chemicals containing mercury compounds, or instructional equipment or materials containing mercury added during their manufacture. This subsection (a) does not apply to: (i) other products containing mercury added during their manufacture that are used in schools and (ii) measuring devices used as teaching aids, including, but not limited to, barometers, manometers, and thermometers, if no adequate mercury-free substitute exists.
(b) Beginning July 1, 2007, no person shall sell, offer to sell, distribute, or offer to distribute in this State a mercury switch or mercury relay individually or as a product component. For a product that contains one or more mercury switches or mercury relays as a component, this subsection (b) is applicable to each component part or parts and not the entire product. This subsection (b) does not apply to the following:
(c) The manufacturer of a mercury switch or mercury relay, or a scientific instrument or piece of instructional equipment containing mercury added during its manufacture, may apply to the Agency for an exemption from the provisions of subsection (a) or (b) of this Section for one or more specific uses of the switch, relay, instrument, or piece of equipment by filing a written petition with the Agency. The Agency may grant an exemption, with or without conditions, if the manufacturer demonstrates the following:
Before approving any exemption under this subsection (c) the Agency must consult with other states to promote consistency in the regulation of products containing mercury added during their manufacture. Exemptions shall be granted for a period of 5 years. The manufacturer may request renewals of the exemption for additional 5-year periods by filing additional written petitions with the Agency. The Agency may renew an exemption if the manufacturer demonstrates that the criteria set forth in paragraphs (1) and (2) of this subsection (c) continue to be satisfied. All petitions for an exemption or exemption renewal shall be submitted on forms prescribed by the Agency.
The Agency must adopt rules for processing petitions submitted pursuant to this subsection (c). The rules shall include, but shall not be limited to, provisions allowing for the submission of written public comments on the petitions.
(d) No later than January 1, 2005, the Agency must submit to the Governor and the General Assembly a report that includes the following:
In preparing the report the Agency may seek information from and consult with, businesses, trade associations, environmental organizations, and other government agencies.
(e) Mercury switches and mercury relays, and scientific instruments and instructional equipment containing mercury added during their manufacture, are hereby designated as categories of universal waste subject to the streamlined hazardous waste rules set forth in Title 35 of the Illinois Administrative Code, Subtitle G, Chapter I, Subchapter c, Part 733 ("Part 733"). Within 60 days of the effective date of this amendatory Act of the 93rd General Assembly, the Agency shall propose, and within 180 days of receipt of the Agency's proposal the Board shall adopt, rules that reflect this designation and that prescribe procedures and standards for the management of such items as universal waste.
If the United States Environmental Protection Agency adopts streamlined hazardous waste regulations pertaining to the management of mercury switches or mercury relays, or scientific instruments or instructional equipment containing mercury added during their manufacture, or otherwise exempts such items from regulation as hazardous waste, the Board shall adopt equivalent rules in accordance with Section 7.2 of this Act within 180 days of adoption of the federal regulations. The equivalent Board rules may serve as an alternative to the rules adopted under subsection (1) of this subsection (e).
(f) Beginning July 1, 2008, no person shall install, sell, offer to sell, distribute, or offer to distribute a mercury thermostat in this State. For purposes of this subsection (f), "mercury thermostat" means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air conditioning equipment. "Mercury thermostat" includes thermostats used to sense and control room temperature in residential, commercial, industrial, and other buildings, but does not include thermostats used to sense and control temperature as a part of a manufacturing or industrial process.
(Source: P.A. 97-459, eff. 7-1-12.)
(415 ILCS 5/22.23c)
Sec. 22.23c. Vehicle wheel weights.
(a) In this Section:
(b) On and after January 1, 2012, no person shall use a weight or other product to balance a vehicle wheel or tire if the weight or other product contains mercury that was intentionally added during the manufacturing process or contains more than 0.1 percent lead by weight.
(c) On and after January 1, 2012, no person shall sell, offer to sell, distribute, or offer to distribute a weight or other product for balancing a vehicle wheel or tire if the weight or other product contains mercury that was intentionally added during the manufacturing process or contains more than 0.1 percent lead by weight.
(d) On and after January 1, 2012, no person shall sell a new vehicle equipped with a weight or other product used to balance a vehicle wheel or tire if the weight or other product contains mercury that was intentionally added during the manufacturing process or contains more than 0.1 percent lead by weight.
(Source: P.A. 96-1296, eff. 7-26-10.)
(415 ILCS 5/22.23d)
Sec. 22.23d. Rechargeable batteries.
(a) "Rechargeable battery" means one or more voltaic or galvanic cells, electrically connected to produce electric energy, that are designed to be recharged for repeated uses. "Rechargeable battery" includes, but is not limited to, a battery containing lithium ion, lithium metal, or lithium polymer or that uses lithium as an anode or cathode, that is designed to be recharged for repeated uses. "Rechargeable battery" does not mean either of the following:
(b) Unless expressly authorized by a recycling collection program, beginning January 1, 2020, no person shall knowingly mix a rechargeable battery or any appliance, device, or other item that contains a rechargeable battery with any other material intended for collection by a hauler as a recyclable material.
Unless expressly authorized by a recycling collection program, beginning January 1, 2020, no person shall knowingly place a rechargeable battery or any appliance, device, or other item that contains a rechargeable battery into a container intended for collection by a hauler for processing at a recycling center.
(c) The Agency shall include on its website information regarding the recycling of rechargeable batteries.
(Source: P.A. 101-137, eff. 7-26-19; 102-558, eff. 8-20-21.)
(415 ILCS 5/22.24) (from Ch. 111 1/2, par. 1022.24)
Sec. 22.24.
(a) Beginning January 1, 1990, no person may operate any
landfill in any county with a population over 275,000, as determined by the
latest federal decennial census, unless facilities are provided at such
landfills which are appropriate for cleaning mud,
gravel, waste and other material from the site off of the wheels and
undercarriages of trucks and other vehicles exiting the site.
(b) Beginning January 1, 1990, no person may drive any truck or trailer
off the site of a landfill in any county with a population over 275,000, as
determined by the latest federal decennial census, without first
cleaning any mud, gravel, waste or other material from the site off of the
wheels and undercarriage of the vehicle.
(Source: P.A. 86-772; 86-1028.)
(415 ILCS 5/22.26) (from Ch. 111 1/2, par. 1022.26)
Sec. 22.26.
The Agency shall not issue a development or construction
permit after December 31, 1990 for any composting facility, unless the
applicant has given notice thereof (1) in person or by mail to the members
of the General Assembly from the legislative district in which the proposed
facility is to be located, (2) by registered or certified mail to the
owners of all real property located within 250 feet of the site of the
proposed facility (determined as provided in subsection (b) of Section
39.2), and (3) to the general public by publication in a newspaper of
general circulation in the county in which the proposed facility is to be
located. The notice required under this Section must include: (i) a description of the type of facility being proposed, (ii) the location of the proposed facility, (iii) the name of the person proposing the construction or development of the facility and the contact information (including a phone number) for that person, (iv) instructions directing the recipient of the notice to send written comments relating to the construction or development of the facility to the Agency within 21 days after the notice is either received by mail or last published in a newspaper of general circulation, and (v) the Agency's address, as well as the phone numbers for the Bureaus and Sections responsible for issuing the permit.
(Source: P.A. 96-418, eff. 1-1-10.)
(415 ILCS 5/22.27) (from Ch. 111 1/2, par. 1022.27)
Sec. 22.27.
Alternative Daily Cover for Sanitary Landfills.
(a) If the Agency determines that any or all chemical foams provides a cover
material that is as good as, or better than, the traditional soil cover
commonly used in this State, the Agency shall certify that material as
meeting the requirements of this Section. If the Agency determines that
any alternative materials other than chemical foams adequately satisfies
daily cover requirements at sanitary landfills, it shall permit use of
such materials at such facilities.
(b) In complying with the daily cover requirements imposed on sanitary
landfills by Board regulation, the operator of a sanitary landfill may use
any foam that has been certified by the Agency under this Section in place
of a soil cover.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
Sec. 22.28. White goods.
(a) No person shall knowingly offer for
collection or collect white goods for the purpose of disposal by
landfilling unless the white good components have been removed.
(b) No owner or operator of a landfill shall
accept any white goods for final disposal, except that white goods may be
accepted if:
(c) For the purposes of this Section:
(d) The Agency is authorized to provide financial assistance to units of
local government from the Solid Waste Management Fund to plan for and
implement programs to collect, transport and manage white goods.
Units of local government may apply jointly for financial
assistance under this Section.
Applications for such financial assistance shall be submitted to the
Agency and must provide a description of:
The application may be amended to reflect changes in operating
procedures, destinations for collected materials, or other factors.
Financial assistance shall be awarded for a State fiscal year, and
may be renewed, upon application, if the Agency approves the operation
of the program.
(e) All materials collected or received under a program operated with
financial assistance under this Section shall be recycled whenever
possible. Treatment or disposal of collected materials are not eligible
for financial assistance unless the applicant shows and the Agency approves
which materials may be treated or disposed of under various conditions.
Any revenue from the sale of materials collected under such a program
shall be retained by the unit of local government and may be used only for
the same purposes as the financial assistance under this Section.
(f) The Agency is authorized to adopt rules necessary or appropriate to
the administration of this Section.
(g) (Blank).
(Source: P.A. 100-103, eff. 8-11-17; 100-201, eff. 8-18-17; 100-621, eff. 7-20-18.)
(415 ILCS 5/22.28a)
Sec. 22.28a.
White goods handled by scrap dealership or junkyard.
(a) No owner, operator, agent, or employee of a junkyard or scrap dealership
may knowingly shred, scrap, dismantle, recycle, incinerate, handle, store, or
otherwise manage any white good that contains any white good components in
violation of this Act or any other applicable State or federal law.
(b) For the purposes of this Section, the terms "white goods" and "white
goods components" have the same meaning as in Section 22.28.
(Source: P.A. 92-447, eff. 8-21-01.)
(415 ILCS 5/22.29) (from Ch. 111 1/2, par. 1022.29)
Sec. 22.29.
(a) Except as provided in subsection (c), any waste
material generated by processing recyclable metals by shredding shall be
managed as a special waste unless a site operating plan has been
approved by the Agency and the conditions of such operating plan are met.
(b) An operating plan submitted to the Agency under this Section shall
include the following concerning recyclable metals processing and
components which may contaminate waste from shredding recyclable metals
(such as lead acid batteries, fuel tanks, or components that contain or may
contain PCB's in a closed system such as a capacitor or ballast):
(c) Any waste generated as a result of processing recyclable metals by
shredding which is determined to be hazardous waste shall be managed as
a hazardous waste.
(d) The Agency is authorized to adopt rules necessary or appropriate to
the administration of this Section.
(Source: P.A. 100-103, eff. 8-11-17; 100-621, eff. 7-20-18.)
(415 ILCS 5/22.30) (from Ch. 111 1/2, par. 1022.30)
Sec. 22.30.
Grease trap sludge.
(a) As used in this Section: (i) "treatment works" has the meaning
provided in Section 19.2 of this Act and (ii) "grease trap sludge" means the
solid, lighter than water fraction of wastewaters from the handling,
processing, preparation, cooking, or consumption of food that are discharged to
a pretreatment unit or device commonly referred to as a grease trap. The
principal components of grease trap sludge are fats, oils, and greases.
(b) Beginning January 1, 1992, no person
may dispose of any untreated grease trap sludge by any method of land
application.
(c) Beginning January 1, 1995, no person may cause or allow the discharge,
deposit, or disposal of any grease trap sludge into a treatment works or into
any sewer tributary to a treatment works, except pursuant to the express
authorization, by ordinance or license, of the owner of the treatment works and
the owner of the sewer. Nothing in this subsection shall be construed to
require treatment works or sewer owners to establish any ordinances or programs
to provide such authorization.
(d) Beginning January 1, 1995, no person may cause or allow the
transportation or acceptance of grease trap sludge for rendering, storage,
treatment,
or disposal away from the site where the sludge was generated, unless the
sludge is accompanied by a shipping paper containing, at a minimum, the
information prescribed in subsection (e). No specific form of shipping paper
is required by this Section, but a form may be prescribed pursuant to
subsection (g).
(e) Each shipping paper shall contain at a minimum the following
information:
(f) The grease trap sludge generator, transporter, and management facility
operator shall each retain a copy of the shipping paper for a minimum of 2
years, and shall produce such documents upon request of
the Agency, or the owner of the affected treatment works.
(g) The owner of a treatment works is authorized, but not required, to
establish a program to register or license the collection and transportation of
grease trap sludge from grease traps within the owner's jurisdiction, and to
charge a fee therefor. Further, the owner of a treatment works is authorized,
but not required, to develop and require the use of a particular form of
shipping paper for use in effecting the requirement of subsection (d).
(h) Violations of this Section shall be subject to the civil penalties
specified in subsection (a) of Section 42 of this Act. However, if an action
to enforce this
Section is brought by or on behalf of the owner of a treatment works, the owner
shall be entitled to recover 75% of any penalty assessed.
(Source: P.A. 87-310; 87-895; 88-633, eff. 1-1-95.)
(415 ILCS 5/22.31) (from Ch. 111 1/2, par. 1022.31)
Sec. 22.31.
Waste reporting.
(a) Beginning January 1, 1992, no landfill or incinerator operator may
accept any nonhazardous solid waste for permanent disposal or incineration
unless the operator makes a record, based on information provided by the
waste transporter, of the state where the waste was generated, or the state
from which the waste was shipped to the disposal facility.
(b) If the waste was generated in or transported from more than one
state, the operator shall estimate the quantity from each state, based on
information provided by the transporter, and record the estimate.
(c) Beginning April 15, 1992, each April 15, July 15, October 15, and
January 15, each landfill or incinerator operator shall provide a report to
the Agency, on forms provided by the Agency, that includes:
(Source: P.A. 87-484; 87-895.)
(415 ILCS 5/22.32) (from Ch. 111 1/2, par. 1022.32)
Sec. 22.32.
Hospital waste assessment.
(a) On or before June 1, 1992, each hospital burning potentially infectious
medical waste on site or transporting such waste to a pollution
control facility shall conduct a waste reduction opportunity assessment that
evaluates methods to reduce the volume and toxicity of infectious wastes,
general refuse and chemical wastes that are generated at the hospital.
At a minimum, the waste reduction assessment shall evaluate the following
reduction options:
(b) On or before October 1, 1992, each such hospital shall adopt a waste
reduction plan that identifies technically and economically feasible
waste reduction options and a timetable for implementing those options.
The hospital shall consider the quantity of waste, the hazardous properties
of the waste, the safety of its patients and employees, economic costs and
savings, and other appropriate factors in selecting target waste streams
and waste reduction options.
The hospital shall begin implementation of its plan within one year
of its adoption.
(Source: P.A. 87-800; 87-895; 88-182; 88-681, eff. 12-22-94.)
(415 ILCS 5/22.33)
Sec. 22.33. Compost quality standards.
(a) By January 1, 1994, the Agency shall develop and make recommendations
to the Board concerning (i) performance standards for landscape waste compost
facilities and (ii) testing procedures and standards for the end-product
compost produced by landscape waste compost facilities.
Performance standards for landscape waste compost facilities shall at a
minimum include:
(b) By December 1, 1997, the Board shall adopt:
The Board shall evaluate the merits of different standards for
end-product compost applications.
(c) On-site composting that is used solely for the purpose of composting
landscape waste generated on-site and that will not be offered for off-site
sale or use is exempt from any standards promulgated under subsections (a) and
(b). Subsection (b)(2) shall not apply to end-product compost used as daily
cover or vegetative amendment in the final layer. Subsection (b) applies to
any end-product compost offered for sale or use in Illinois.
(d) Standards adopted under this Section do not apply to compost operations exempt from permitting under paragraph (1.5) of subsection (q) of Section 21 of this Act.
(Source: P.A. 98-239, eff. 8-9-13.)
(415 ILCS 5/22.34)
Sec. 22.34. Organic waste compost quality standards.
(a) The Agency may develop and make recommendations to
the Board concerning (i) performance standards for organic waste compost
facilities and (ii) testing procedures and standards for the end-product
compost produced by organic waste compost facilities.
The Agency, in cooperation with the Department, shall appoint a Technical
Advisory Committee for the purpose of developing these recommendations.
Among other things, the Committee shall evaluate environmental and
safety considerations, compliance costs, and regulations adopted in other
states and countries. The Committee shall have balanced
representation and shall include members representing academia, the composting
industry, the Department of Agriculture, the landscaping industry,
environmental organizations, municipalities, and counties.
Performance standards for organic waste compost facilities may include, but are not limited to:
(b) No later than one year after the Agency makes recommendations to the Board under subsection (a) of this Section, the Board shall adopt, as applicable:
The Board shall evaluate the merits of different standards for
end-product compost applications.
(c) On-site residential composting that is used solely for the purpose of
composting organic waste generated on-site and that will not be offered for
off-site sale or use is exempt from any standards promulgated under subsections
(a) and (b). Subsection (b)(2) shall not apply to end-product compost used as
daily cover or vegetative amendment in the final layer. Subsection (b)
applies to any end-product compost offered for sale or use in Illinois.
(d) For the purposes of this Section, "organic waste" means food scrap,
landscape waste, wood waste, livestock waste, crop residue, paper waste, or other non-hazardous carbonaceous waste that is
collected and processed separately from the rest of the municipal waste stream.
(e) Except as otherwise provided in Board rules, solid waste permits for organic waste composting facilities shall be issued under the Board's Solid Waste rules at 35 Ill. Adm. Code 807. The permits must include, but shall not be limited to, measures designed to reduce pathogens in the compost.
(f) Standards adopted under this Section do not apply to compost operations exempt from permitting under paragraph (1.5) of subsection (q) of Section 21 of this Act.
(Source: P.A. 98-239, eff. 8-9-13.)
(415 ILCS 5/22.35)
Sec. 22.35.
Mixed municipal waste compost quality standards.
(a) By January 1, 1994, the Agency shall develop and make recommendations to
the Board concerning (i) performance standards for mixed municipal waste
compost facilities and (ii) testing procedures and standards for the
end-product compost produced by mixed municipal waste compost facilities.
The Agency, in cooperation with the Department, shall appoint a Technical
Advisory Committee for the purpose of developing these recommendations.
Among other things, the Committee shall evaluate environmental and
safety considerations, compliance costs, and regulations adopted in other
states and countries. The Committee shall have balanced
representation and shall include members representing academia, the composting
industry, the Department of Agriculture, the landscaping industry,
environmental organizations, municipalities, and counties.
Performance standards for mixed municipal waste compost facilities shall
at a minimum include:
(b) By December 1, 1997, the Board shall adopt:
The Board shall evaluate the merits of different standards for
end-product compost applications.
(c) Subsection (b)(2) shall not apply to end-product compost used as
daily cover or vegetative amendment in the final layer. Subsection (b)
applies to any end-product compost offered for sale or use in Illinois.
(d) For the purpose of this Section, "mixed municipal waste" means
municipal waste generated by households and commercial businesses that has not
been separated for composting at the point of generation.
(Source: P.A. 87-1227; 88-690, eff. 1-24-95.)
(415 ILCS 5/22.36)
Sec. 22.36.
Solid waste disposal site; underground hazards.
(a) The Agency may not issue any new permit for the construction or
development of any solid waste disposal facility that is proposed
to be located above an active or inactive shaft or tunnelled mine or within 200
feet of a fault that has had displacement within Holocene time, unless
engineering measures have been incorporated into the facility design to ensure
that the integrity of the structural components of the facility will not be
disrupted by geological processes.
(b) For the purposes of this Section, "structural components" means liners,
leachate collection systems, final covers, run-on and run-off
systems, and any other component used in the construction and operation of a
solid waste disposal facility that is necessary for protection of
human health and the environment.
(Source: P.A. 88-447.)
(415 ILCS 5/22.38)
Sec. 22.38. General construction or demolition debris recovery facilities.
(a) General construction or demolition debris recovery facilities shall be subject to local zoning, ordinance,
and
land use requirements.
General construction or demolition debris recovery facilities shall be located in accordance with local zoning requirements
or, in the absence of local zoning requirements, shall be located so that no
part of the facility boundary is closer than 1,320 feet from the nearest
property zoned for primarily residential use.
(b) An owner or operator of a general construction or demolition debris recovery facility shall:
(c) For purposes of this Section, the term "recyclable general
construction or demolition debris" means general construction or demolition
debris that is being reclaimed from the general construction or demolition debris waste stream and (i) is rendered reusable and is reused or (ii) would otherwise
be disposed of or discarded but is collected, separated, or processed and
returned to the economic mainstream in the form of raw materials or products.
"Recyclable general construction or demolition debris" does not include general
construction or demolition debris that is (i) recovered for use as fuel or that is otherwise incinerated or
burned, (ii) buried or used as fill material, including, but not limited to,
the use of any clean construction or demolition debris
fraction of general construction or demolition debris as
fill material under subsection (b) of Section 3.160 or at a
clean construction or demolition debris fill operation
under Section 22.51, or (iii) disposed of at a landfill.
(d) (Blank).
(e) For purposes of this Section, wood recovered for use as fuel is wood that is recovered from the general construction or demolition debris waste stream for use as fuel, as authorized by the applicable state or federal environmental regulatory authority, and supplied only to intermediate processing facilities for sizing, or to combustion facilities for use as fuel, that have obtained all necessary waste management and air permits for handling and combustion of the fuel.
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) (Blank).
(j) No person shall cause or allow the acceptance of any waste at a general construction or demolition debris recovery facility, other than general construction or demolition debris.
(k) No person shall cause or allow the deposit or other
placement of any general construction or demolition debris
that is received at a general construction or demolition
debris recovery facility, including any clean construction
or demolition debris fraction, into or on any land or
water. However, any clean construction or
demolition debris fraction may be used as fill or road
construction material at a clean construction or demolition
debris fill operation under Section 22.51 and any rules or regulations
adopted thereunder if the clean construction or demolition
debris is separated and managed separately from other
general construction or demolition debris and otherwise
meets the requirements applicable to clean construction or
demolition debris at a clean construction or demolition
debris fill operation.
(l) Beginning one year after the effective date of rules adopted by the Board under subsection (n), no person shall own or operate a general construction or demolition debris recovery facility without a permit issued by the Agency.
(m) In addition to any other requirements of this Act, no person shall, at a general construction or demolition debris recovery facility, cause or allow the storage or treatment of general construction or demolition debris in violation of this Act, any regulations or standards adopted under this Act, or any condition of a permit issued under this Act.
(n) No later than one year after the effective date of this amendatory Act of the 102nd General Assembly, the Agency shall propose to the Board, and no later than one year after receipt of the Agency's proposal, the Board shall adopt, rules for the permitting of general construction or demolition debris recovery facilities. Such rules shall include, but not be limited to: requirements for material receipt, handling, storage, and transfer; improvements to best management practices for identifying, testing for, and removing drywall containing gypsum; recordkeeping; reporting; limiting or prohibiting sulfur in wallboard used or disposed of at landfills; and requirements for the separation and separate management of any clean construction or demolition debris that will be transported to a clean construction or demolition debris fill operation.
(Source: P.A. 102-310, eff. 8-6-21.)
(415 ILCS 5/22.38a)
Sec. 22.38a. (Repealed).
(Source: P.A. 99-317, eff. 8-7-15. Repealed by P.A. 102-310, eff. 8-6-21.)
(415 ILCS 5/22.40)
Sec. 22.40.
Municipal solid waste landfill rules.
(a) In accordance with Sec. 7.2, the Board shall adopt rules that
are identical in substance to federal regulations or amendments thereto
promulgated by the Administrator of the United States Environmental Protection
Agency to implement Sections 4004 and 4010 of the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580) insofar as those regulations relate to a
municipal solid waste landfill unit program. The Board may consolidate into
a single rulemaking under this Section all such federal regulations adopted
within a period of time not to exceed 6 months. Where the federal regulations
authorize the State to adopt alternative standards, schedules, or procedures to
the standards, schedules, or procedures contained in the federal regulations,
the Board may adopt alternative standards, schedules, or procedures under
subsection (b) or retain existing Board rules that establish alternative
standards, schedules, or procedures that are not inconsistent with the federal
regulations. The Board may consolidate into a single rulemaking under this
Section all such federal regulations adopted within a period of time not to
exceed 6 months.
The provisions and requirements of Title VII of this Act shall not apply to
rules adopted under this subsection (a). Section 5-35 of the Illinois
Administrative Procedure Act relating to the procedures for rulemaking shall
not apply to regulations adopted under this subsection (a).
(b) The Board may adopt regulations relating to a State municipal solid
waste landfill program that are not inconsistent with the Resource Conservation
and Recovery Act of 1976 (P.L. 94-580), or regulations adopted thereunder.
Rules adopted under this subsection shall be adopted in accordance with the
provisions and requirements of Title VII of this Act and the procedures for
rulemaking in Section 5-35 of the Illinois Administrative Procedure Act.
(c) (Blank.)
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.40a)
Sec. 22.40a. Disposal of manufactured gas plant waste in waste disposal sites other than permitted hazardous waste disposal sites prohibited. Notwithstanding any other law or regulation, no person shall dispose, in a waste disposal site other than a permitted hazardous waste disposal site, waste generated from the remediation of a manufactured gas plant site or facility, unless (i) the waste is tested using Method 1311 (Toxicity Characteristic Leaching Procedure (TCLP)) in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," USEPA Publication Number EPA 530/SW-846, and (ii) that analysis demonstrates that the waste does not exceed the regulatory levels for any contaminant given in the table contained in 40 C.F.R. 261.24(b).
(Source: P.A. 99-365, eff. 1-1-16.)
(415 ILCS 5/22.41)
Sec. 22.41.
(Repealed).
(Source: P.A. 88-496. Repealed by P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.42)
Sec. 22.42.
(Repealed).
(Source: P.A. 88-496. Repealed by P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.43)
Sec. 22.43.
Permit modifications for lateral expansions.
The Agency may
issue a permit modification for a lateral expansion, as defined in Section
3.275 of this Act, for an existing MSWLF unit under Section 39 of this Act to a
person required to obtain such a permit modification under
subsection (t) of Section 21 of this Act.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.43a)
Sec. 22.43a. Establishment and expansion of landfills; ban in counties with more than 2,000,000 inhabitants.
(a) Notwithstanding any other provision of law, no person shall establish, nor shall the Agency issue a permit for the establishment of, a new municipal solid waste landfill unit or a new sanitary landfill in a county of more than 2,000,000 inhabitants on or after the effective date of this amendatory Act of the 97th General Assembly.
(b) Notwithstanding any other provision of law, no person shall laterally expand, nor shall the Agency issue a permit for the lateral expansion of, a municipal solid waste landfill unit or the expansion of a sanitary landfill in a county of more than 2,000,000 inhabitants on or after the effective date of this amendatory Act of the 97th General Assembly.
(Source: P.A. 97-843, eff. 7-23-12.)
(415 ILCS 5/22.44)
Sec. 22.44. Subtitle D management fees.
(a) There is created within the State treasury a special fund to be
known as the "Subtitle D Management Fund" constituted from the fees collected
by the State under this Section.
(b) The Agency shall assess and collect
a fee in the amount set forth in this subsection from the owner or operator of
each sanitary landfill permitted or required to be permitted by the Agency to
dispose of solid waste if the sanitary landfill is located off the site where
the waste was produced and if the sanitary landfill is owned, controlled, and
operated by a person other than the generator of the waste. The Agency shall
deposit all fees collected under this subsection into the Subtitle D
Management Fund. If a site is contiguous to one or more landfills owned or
operated by the same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the fee under this
subsection.
(c) The fee under subsection (b) shall not apply to any of the following:
(d) The Agency shall establish rules relating to the collection of the
fees authorized by this Section. These rules shall include, but not be
limited to the following:
(e) Fees collected under this Section shall be in addition to any other fees
collected under any other Section.
(f) The Agency shall not refund any fee paid to it under this Section.
(g) Pursuant to appropriation, all moneys in the Subtitle D Management
Fund shall be used by the Agency to administer the United States Environmental
Protection Agency's Subtitle D Program provided in Sections 4004 and 4010 of
the Resource Conservation and Recovery Act of 1976 (P.L. 94-580) as it relates
to a municipal solid waste landfill program in Illinois and to fund a
delegation of inspecting, investigating, and enforcement functions, within the
municipality only, pursuant to subsection (r) of Section 4 of this Act to a
municipality having a population of more than 1,000,000 inhabitants. The
Agency shall execute a delegation agreement pursuant to subsection (r) of
Section 4 of this Act with a municipality having a population of more than
1,000,000 inhabitants within 90 days of September 13, 1993 and shall on an
annual basis distribute from
the Subtitle D Management Fund to that municipality no less than $150,000. Pursuant to appropriation, moneys in the Subtitle D Management Fund may also be used by the Agency for activities conducted under Section 22.15a of this Act.
(Source: P.A. 102-310, eff. 8-6-21.)
(415 ILCS 5/22.45)
Sec. 22.45.
Subtitle D management fee exemptions; pre-existing contracts.
(a) The Agency shall grant exemptions from the fee requirements of Section
22.44 of this Act for permanent disposal or transport of solid waste meeting
all of the following criteria:
(b) Exemptions granted under this Section shall cause the solid waste
received by an owner or operator of a sanitary landfill pursuant to a contract
exempted under this Section to be disregarded in calculating the volume or
weight of solid waste permanently disposed of during a calendar year under
Section 22.44 of this Act.
(c) An owner or operator of a sanitary landfill shall keep accurate records
and prove, to the satisfaction of the Agency, the volume or weight of solid
waste received under an exemption during a calendar year.
(d) Exemptions under this Section shall expire upon the expiration, renewal,
or amendment of the exempted contract, whichever occurs first.
(e) For the purposes of this Section, the term "some other person" shall
only include persons that are independent operating entities. For purposes of
this Section, a person is not an independent operating entity if:
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.46)
Sec. 22.46.
Subtitle D management fee exemptions; types of waste.
(a) In accordance with the findings and purpose of the Illinois Solid Waste
Management Act, the Agency shall grant exemptions from the fee requirements of
Section 22.44 of this Act for solid waste meeting all of the following
criteria:
(b) Exemptions granted under this Section shall cause the solid waste
exempted under subsection (a) that is permanently disposed of by an owner or
operator of a sanitary landfill to be disregarded in calculating the volume or
weight of solid waste permanently disposed of during a calendar year under
Section 22.44 of this Act.
(c) Applications for exemptions under this Section must be submitted on
forms
provided by the Agency for that purpose, together with proof of satisfaction of
all criteria for granting the exemption.
(d) If the Agency denies a request made under subsection (a), the
applicant may seek review before the Board under Section 40 as if the
Agency had denied an application for a permit. If the Agency fails to act
within 90 days after receipt of an application, the request shall be deemed
granted until such time as the Agency has taken final action.
(e) An owner or operator of a sanitary landfill shall keep accurate records
and to prove to the satisfaction of the Agency the volume or weight of solid
waste received under an exemption during a calendar year.
(Source: P.A. 88-496.)
(415 ILCS 5/22.47)
Sec. 22.47.
School district hazardous educational waste collection.
(a) The Agency shall develop, implement, and fund (through appropriations
for that purpose from the General Revenue Fund) a program to collect school
district hazardous educational waste from school districts and schools in the
State. The program shall provide for the availability for collection,
transportation, and appropriate management of hazardous educational wastes for
each school district or school by private contractors at least every 3 years.
(b) A school district or school may participate in a hazardous educational
waste collection program by:
(c) The Agency shall accept applications from school districts or schools
throughout the year. The Agency shall designate waste haulers throughout the
State qualified to remove school district hazardous waste at the request of a
school district or school. By March 1 and September 1 of each year the Agency
shall prepare a schedule of school districts or schools that have been selected
for collections over the next 6 months. The selections shall be based on the
waste types and volumes, geographic distribution, order of application, and
expected costs balanced by available resources. The Agency shall notify each
selected school or school district of the date of collection and instruction
on waste preparation.
(d) For purposes of this Section "hazardous educational waste" means a
waste product that could pose a hazard during normal storage, transportation,
or disposal generated from an instructional curriculum including laboratory
wastes, expired chemicals, unstable compounds, and toxic or flammable
materials. "Hazardous educational waste" does not include wastes generated
as a result of building, grounds, or vehicle maintenance, asbestos abatement,
lead paint abatement, or other non-curriculum activities.
(e) (Blank.)
(f) The Agency is authorized to use funds from the Solid Waste Management
Fund to implement this Section.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.48)
Sec. 22.48.
Non-special waste certification; effect on permit.
(a) An industrial process waste or pollution control waste not within the
exception set forth in subdivision (2) of subsection (c) of Section 3.475 of this Act must be managed as special waste unless the generator
first certifies in a signed, dated, written statement that the waste is outside
the scope of the categories listed in subdivision (1) of subsection (c) of
Section 3.475 of this Act.
(b) All information used to determine that the waste is not a special waste
shall be attached to the certification. The information shall include but not
be limited to:
(c) Certification made pursuant to this Section shall be effective from
the date signed until there is a change in the generator, in the raw materials
used, or in the process generating the waste.
(d) Certification made pursuant to this Section, with the requisite
attachments, shall be maintained by the certifying generator while effective
and for at least 3 years following a change in the generator, a change in the
raw materials used, or a change in or termination of the process generating
the waste. The generator shall provide a copy of the certification, upon
request by the Agency, the waste hauler, or the operator of the facility
receiving the waste for storage, treatment, or disposal, to the party
requesting the copy. If the Agency believes that the waste that is the
subject of the certification has been inaccurately certified to, the Agency
may require the generator to analytically test the waste for the constituent
believed to be present and provide the Agency with a copy of the analytic
results.
(e) A person who knowingly and falsely certifies that a waste is not special
waste is subject to the penalties set forth in subdivision (6) of subsection
(h) of Section 44 of this Act.
(f) To the extent that a term or condition of an existing permit requires
the permittee to manage as special waste a material that is made a non-special
waste under Public Act 90-502, that term
or condition is hereby superseded, and the permittee may manage that material
as a non-special waste, even if the material is identified in the permit as
part of a particular waste stream rather than identified specifically as a
special waste.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/22.49)
Sec. 22.49.
Animal cremation.
Unless subject to the requirements of Title
XV of this Act as potentially infectious medical waste, a deceased companion
animal, as defined in the Companion Animal Cremation Act, that is delivered to
a provider of companion animal cremation services subject to the Companion
Animal Cremation Act is not waste for the purposes of this Act. Providing
companion animal cremation services at a location does not make that location a
waste management facility for the purposes of this Act.
For the purposes of this Section, "companion animal" does not include
livestock.
(Source: P.A. 93-121, eff. 1-1-04.)
(415 ILCS 5/22.50)
Sec. 22.50. Compliance with land use limitations. No person shall use, or cause or allow the use of, any site for which a land use limitation has been imposed under this Act in a manner inconsistent with the land use limitation unless further investigation or remedial action has been conducted that documents the attainment of remedial objectives appropriate for the new land use and a new closure letter has been obtained from the Agency and recorded in the chain of title for the site. For the purpose of this Section, the term "land use limitation" shall include, but shall not be limited to, institutional controls and engineered barriers imposed under this Act and the regulations adopted under this Act. For the purposes of this Section, the term "closure letter" shall include, but shall not be limited to, No Further Remediation Letters issued under Titles XVI and XVII of this Act and the regulations adopted under those Titles.
(Source: P.A. 94-272, eff. 7-19-05; 94-314, eff. 7-25-05; 95-331, eff. 8-21-07.)
(415 ILCS 5/22.50a)
Sec. 22.50a. Compliance with environmental covenants. No person shall use, or cause or allow the use of, any site subject to an environmental covenant created under the Uniform Environmental Covenants Act in a manner that is inconsistent with the activity and use limitations imposed under the environmental covenant. For purposes of this Section, the terms "activity and use limitations" and "environmental covenant" shall mean "activity and use limitations" and "environmental covenant" as those terms are defined in the Uniform Environmental Covenants Act.
(Source: P.A. 97-220, eff. 7-28-11.)
(415 ILCS 5/22.51)
Sec. 22.51. Clean Construction or Demolition Debris Fill Operations.
(a) No person shall conduct any clean construction or demolition debris fill operation in violation of this Act or any regulations or standards adopted by the Board.
(b)(1)(A) Beginning August 18, 2005 but prior to July 1, 2008, no person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation, unless they have applied for an interim authorization from the Agency for the clean construction or demolition debris fill operation.
(B) The Agency shall approve an interim authorization upon its receipt of a written application for the interim authorization that is signed by the site owner and the site operator, or their duly authorized agent, and that contains the following information: (i) the location of the site where the clean construction or demolition debris fill operation is taking place, (ii) the name and address of the site owner, (iii) the name and address of the site operator, and (iv) the types and amounts of clean construction or demolition debris being used as fill material at the site.
(C) The Agency may deny an interim authorization if the site owner or the site operator, or their duly authorized agent, fails to provide to the Agency the information listed in subsection (b)(1)(B) of
this Section. Any denial of an interim authorization shall be subject to appeal to the Board in accordance with the procedures of Section 40 of this Act.
(D) No person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation for which the Agency has denied interim authorization under subsection (b)(1)(C) of this Section. The Board may stay the prohibition of this subsection (D) during the pendency of an appeal of the Agency's denial of the interim authorization brought under subsection (b)(1)(C) of this Section.
(2) Beginning September 1, 2006, owners and
operators of clean construction or demolition debris fill operations shall, in accordance with a schedule prescribed by the Agency, submit to the Agency applications for the
permits required under this Section. The Agency shall notify owners and operators in writing of the due date for their permit application. The due date shall be no less than 90 days after the date of the Agency's written notification. Owners and operators who do not receive a written notification from the Agency by October 1, 2007, shall submit a permit application to the Agency by January 1, 2008. The interim authorization of owners and operators who fail to submit a permit application to the Agency by the permit application's due date shall terminate on (i) the due
date established by the Agency if the owner or operator received a written notification from the Agency prior to
October 1, 2007, or (ii) or January 1, 2008, if the owner or operator did not receive a written notification from the Agency by October 1, 2007.
(3) On and after July 1, 2008, no person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation (i) without a permit granted by the Agency for the clean construction or demolition debris fill operation or in violation of any conditions imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with Board regulations and standards adopted under this Act or (ii) in violation of any regulations or standards adopted by the Board under this Act.
(4) This subsection (b) does not apply to:
(c) In accordance with Title VII of this Act, the Board may adopt regulations to promote the purposes of this Section. The Agency shall consult with the mining and construction industries during the development of any regulations to promote the purposes of this Section.
(d) This Section applies only to clean construction or demolition debris that is not considered "waste" as provided in Section 3.160 of this Act.
(e) For purposes of this Section:
(f)(1) No later than one year after the effective date of this amendatory Act of the 96th General Assembly, the Agency shall propose to the Board, and, no later than one year after the Board's receipt of the Agency's proposal, the Board shall adopt, rules for the use of clean construction or demolition debris and uncontaminated soil as fill material at clean construction or demolition debris fill operations. The rules must include standards and procedures necessary to protect groundwater, which may include, but shall not be limited to, the following: requirements regarding testing and certification of soil used as fill material, surface water runoff, liners or other protective barriers, monitoring (including, but not limited to, groundwater monitoring), corrective action, recordkeeping, reporting, closure and post-closure care, financial assurance, post-closure land use controls, location standards, and the modification of existing permits to conform to the requirements of this Act and Board rules. The rules may also include limits on the use of recyclable concrete and asphalt as fill material at clean construction or demolition debris fill operations, taking into account factors such as technical feasibility, economic reasonableness, and the availability of markets for such materials.
(2) Until the effective date of the Board rules adopted under subdivision (f)(1) of this Section, and in addition to any other requirements, owners and operators of clean construction or demolition debris fill operations must do all of the following in subdivisions (f)(2)(A) through (f)(2)(D) of this Section for all clean construction or demolition debris and uncontaminated soil accepted for use as fill material. The requirements in subdivisions (f)(2)(A) through (f)(2)(D) of this Section shall not limit any rules adopted by the Board.
(3) Owners and operators of clean construction or demolition debris fill operations must maintain all documentation required under subdivision (f)(2) of this Section for a minimum of 3 years following the receipt of each load of clean construction or demolition debris or uncontaminated soil, except that documentation relating to an appeal, litigation, or other disputed claim must be maintained until at least 3 years after the date of the final disposition of the appeal, litigation, or other disputed claim. Copies of the documentation must be made available to the Agency and to units of local government for inspection and copying during normal business hours. The Agency may prescribe forms and formats for the documentation required under subdivision (f)(2) of this Section.
Chemical analysis conducted under subdivision (f)(2) of this Section must be conducted in accordance with the requirements of 35 Ill. Adm. Code 742, as amended, and "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA Publication No. SW-846, as amended.
(g)(1) No person shall use soil other than uncontaminated soil as fill material at a clean construction or demolition debris fill operation.
(2) No person shall use construction or demolition debris other than clean construction or demolition debris as fill material at a clean construction or demolition debris fill operation.
(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
(415 ILCS 5/22.51a)
Sec. 22.51a. Uncontaminated Soil Fill Operations.
(a) For purposes of this Section:
(b) No person shall use soil other than uncontaminated soil as fill material at an uncontaminated soil fill operation.
(c) Owners and operators of uncontaminated soil fill operations must register the fill operations with the Agency. Uncontaminated soil fill operations that received uncontaminated soil prior to the effective date of this amendatory Act of the 96th General Assembly must be registered with the Agency no later than March 31, 2011. Uncontaminated soil fill operations that first receive uncontaminated soil on or after the effective date of this amendatory Act of the 96th General Assembly must be registered with the Agency prior to the receipt of any uncontaminated soil. Registrations must be submitted on forms and in a format prescribed by the Agency.
(d)(1) No later than one year after the effective date of this amendatory Act of the 96th General Assembly, the Agency shall propose to the Board, and, no later than one year after the Board's receipt of the Agency's proposal, the Board shall adopt, rules for the use of uncontaminated soil as fill material at uncontaminated soil fill operations. The rules must include standards and procedures necessary to protect groundwater, which shall include, but shall not be limited to, testing and certification of soil used as fill material and requirements for recordkeeping.
(2) Until the effective date of the Board rules adopted under subdivision (d)(1) of this Section, owners and operators of uncontaminated soil fill operations must do all of the following in subdivisions (d)(2)(A) through (d)(2)(F) of this Section for all uncontaminated soil accepted for use as fill material. The requirements in subdivisions (d)(2)(A) through (d)(2)(F) of this Section shall not limit any rules adopted by the Board.
(3) Owners and operators of uncontaminated soil fill operations must maintain all documentation required under subdivision (d)(2) of this Section for a minimum of 3 years following the receipt of each load of uncontaminated soil, except that documentation relating to an appeal, litigation, or other disputed claim must be maintained until at least 3 years after the date of the final disposition of the appeal, litigation, or other disputed claim. Copies of the documentation must be made available to the Agency and to units of local government for inspection and copying during normal business hours. The Agency may prescribe forms and formats for the documentation required under subdivision (d)(2) of this Section.
Chemical analysis conducted under subdivision (d)(2) of this Section must be conducted in accordance with the requirements of 35 Ill. Adm. Code 742, as amended, and "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA Publication No. SW-846, as amended.
(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
(415 ILCS 5/22.51b)
Sec. 22.51b. Fees for permitted facilities accepting clean construction or demolition debris or uncontaminated soil.
(a) The Agency shall assess and collect a fee from the owner or operator of each clean construction or demolition debris fill operation that is permitted or required to be permitted by the Agency. The fee assessed and collected under this subsection shall be 28 cents per cubic yard of clean construction or demolition debris or uncontaminated soil accepted by the clean construction or demolition debris fill operation, or, alternatively, the owner or operator may weigh the quantity of the clean construction or demolition debris or uncontaminated soil with a device for which certification has been obtained under the Weights and Measures Act and pay a fee of 20 cents per ton of clean construction or demolition debris or uncontaminated soil. The fee shall apply to construction or demolition debris or uncontaminated soil if (i) the clean construction or demolition debris fill operation is located off the site where the clean construction or demolition debris or uncontaminated soil was generated and (ii) the clean construction or demolition debris fill operation is owned, controlled, and operated by a person other than the generator of the clean construction or demolition debris or uncontaminated soil.
(b) The Agency shall establish rules relating to the collection of the fees authorized by subsection (a) of this Section. These rules shall include, but are not limited to, the following:
(c) Fees collected under this Section shall be in addition to any other fees collected under any other Section.
(d) The Agency shall not refund any fee paid to it under this Section.
(e) The Agency shall deposit all fees collected under this subsection into the Environmental Protection Permit and Inspection Fund. Pursuant to appropriation, all moneys collected under this Section shall be used by the Agency for the implementation of this Section and for permit and inspection activities.
(f) A unit of local government, as defined in the Local Solid Waste Disposal Act, in which a clean construction or demolition debris fill operation is located and which has entered into a delegation agreement with the Agency pursuant to subsection (r) of Section 4 of this Act for inspection, investigation, or enforcement functions related to clean construction or demolition debris fill operations may establish a fee, tax, or surcharge with regard to clean construction or demolition debris or uncontaminated soil accepted by clean construction or demolition debris fill operations. All fees, taxes, and surcharges collected under this subsection shall be used for inspection, investigation, and enforcement functions performed by the unit of local government pursuant to the delegation agreement with the Agency and for environmental safety purposes. Fees, taxes, and surcharges established under this subsection (f) shall not exceed a total of 20 cents per cubic yard of clean construction or demolition debris or uncontaminated soil accepted by the clean construction or demolition debris fill operation, unless the owner or operator weighs the quantity of the clean construction or demolition debris or uncontaminated soil with a device for which certification has been obtained under the Weights and Measures Act, in which case the fee shall not exceed 14 cents per ton of clean construction or demolition debris or uncontaminated soil.
(g) For the purposes of this Section:
(Source: P.A. 102-271, eff. 1-1-22.)
(415 ILCS 5/22.52)
Sec. 22.52. Conflict of interest. Effective 30 days after the effective date of this amendatory Act of the 94th General Assembly, none of the following persons shall have a direct financial interest in or receive a personal financial benefit from any waste-disposal operation or any clean construction or demolition debris fill operation that requires a permit or interim authorization under this Act, or any corporate entity related to any such waste-disposal operation or clean construction or demolition debris fill operation:
The prohibitions of this Section shall apply during the person's term of State employment and shall continue for 5 years after the person's termination of State employment. The prohibition of this Section shall not apply to any person whose State employment terminates prior to 30 days after the effective date of this amendatory Act of the 94th General Assembly.
For the purposes of this Section:
(Source: P.A. 94-272, eff. 7-19-05.)
(415 ILCS 5/22.53)
Sec. 22.53. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 99-933, eff. 1-27-17.)
(415 ILCS 5/22.54)
Sec. 22.54. Beneficial Use Determinations. The purpose of this Section is to allow the Agency to determine that a material otherwise required to be managed as waste may be managed as non-waste if that material is used beneficially and in a manner that is protective of human health and the environment.
(a) To the extent allowed by federal law, the Agency may, upon the request of an applicant, make a written determination that a material is used beneficially (rather than discarded) and, therefore, not a waste if the applicant demonstrates all of the following:
(b) Applications for beneficial use determinations must be submitted on forms and in a format prescribed by the Agency. Agency approval, approval with conditions, or disapproval of an application for a beneficial use determination must be in writing. Approvals with conditions and disapprovals of applications for a beneficial use determination must include the Agency's reasons for the conditions or disapproval, and they are subject to review under Section 40 of this Act.
(c) Beneficial use determinations shall be effective for a period approved by the Agency, but that period may not exceed 5 years. Material that is beneficially used (i) in accordance with a beneficial use determination, (ii) during the effective period of the beneficial use determination, and (iii) by the recipient of a beneficial use determination shall maintain its non-waste status after the effective period of the beneficial use determination unless its use no longer complies with the terms of the beneficial use determination or the material otherwise becomes waste.
(d) No recipient of a beneficial use determination shall manage or use the material that is the subject of the determination in violation of the determination or any conditions in the determination, unless the material is managed as waste.
(e) A beneficial use determination shall terminate by operation of law if, due to a change in law, it conflicts with the law; however, the recipient of the determination may apply for a new beneficial use determination that is consistent with the law as amended.
(f) This Section does not apply to hazardous waste, coal combustion waste, coal combustion by-product, sludge applied to the land, potentially infectious medical waste, or used oil.
(g) This Section does not apply to material that is burned for energy recovery, that is used to produce a fuel, or that is otherwise contained in a fuel. The prohibition in this subsection (g) does not apply to any dust suppressants applied to a material that is (i) burned for energy recovery, (ii) used to produce a fuel, or (iii) otherwise contained in a fuel.
(h) This Section does not apply to waste from the steel and foundry industries that is (i) classified as beneficially usable waste under Board rules and (ii) beneficially used in accordance with Board rules governing the management of beneficially usable waste from the steel and foundry industries. This Section does apply to other beneficial uses of waste from the steel and foundry industries, including, but not limited to, waste that is classified as beneficially usable waste but not used in accordance with the Board's rules governing the management of beneficially usable waste from the steel and foundry industries. No person shall use iron slags, steelmaking slags, or foundry sands for land reclamation purposes unless they have obtained a beneficial use determination for such use under this Section.
(i) For purposes of this Section, the term "commercially available material" means virgin material that (i) meets industry standards for a specific use and (ii) is normally sold for such use. For purposes of this Section, the term "commercially available product" means a product made of virgin material that (i) meets industry standards for a specific use and (ii) is normally sold for such use.
(j) Before issuing a beneficial use determination for the beneficial use of asphalt shingles, the Agency shall conduct an evaluation of the applicant's prior experience in asphalt shingle recycling operations. The Agency may deny such a beneficial use determination if the applicant, or any employee or officer of the applicant, has a history of any one or more of the following related to the operation of asphalt shingle recycling operation facilities or sites:
(415 ILCS 5/22.54a)
(Section scheduled to be repealed on February 1, 2023)
Sec. 22.54a. Disposal of asphalt roofing shingles.
(a) As used in this Section:
"BUD" means a beneficial use determination issued under Section 22.54 of this Act.
"Eligible shingle recycling facility" means a shingle recycling facility that:
(b) No owner or operator of a sanitary landfill that is located within a 25-mile radius of an eligible shingle recycling facility shall accept for disposal loads of asphalt roofing shingles that can be processed into reclaimed asphalt shingles meeting Department of Transportation or Illinois State Toll Highway Authority specifications.
(c) Nothing in this Section shall prohibit or restrict a sanitary landfill from accepting for disposal asphalt roofing shingles that can be processed into reclaimed asphalt shingles meeting Department of Transportation or Illinois State Toll Highway Authority specifications but that are either commingled with municipal waste, including, but not limited to, general construction or demolition debris, or rejected by an eligible shingle recycling facility.
(d) The owner or operator of an eligible shingle recycling facility shall notify the Agency in writing of the name and street address of the eligible shingle recycling facility, and he or she shall also notify the Agency when the facility's status as an eligible shingle recycling facility is rescinded or reinstated in accordance with subsection (e) or subsection (f) of this Section. The Agency shall post on its website the information provided to the Agency under this subsection (d).
(e) The Agency may issue a notice of intent to rescind recognition as an eligible shingle recycling facility to any owner or operator of a shingle recycling facility that, in the Agency's judgment, is not in compliance with the terms of the facility's BUD. The Agency shall file a copy of the notice with the Board no later than 10 days after the date of service of the notice on the owner or operator. Each notice issued under this subsection (e) shall be served upon the owner or operator, or that person's authorized agent for service of process, and shall include the following information:
If the owner or operator fails to petition the Board for review of the notice within 35 days after the date of service, then the Board shall adopt a final order holding that the shingle recycling facility is not an eligible shingle recycling facility for purposes of this Section. If, within 35 days after the date of service, a petition for review is filed before the Board to contest a notice issued under this subsection (e), then the Agency shall appear as a complainant at a hearing before the Board to be conducted in accordance with Section 32 of this Act. The hearing shall be held not less than 21 days after the Board sends a notice of the hearing to the Agency and the owner or operator who petitioned for review of the notice. In these hearings, the burden of proof shall be on the Agency. If, based on the record, the Board finds that the alleged non-compliance occurred, then the Board shall adopt a final order holding that the shingle recycling facility is not an eligible shingle recycling facility for purposes of this Section.
(f) If the Board has determined under subsection (e) of this Section that a shingle recycling facility is not an eligible shingle recycling facility, then the owner or operator of the facility may file with the Board a motion to have the facility reinstated as an eligible shingle recycling facility. If, at the time the motion is filed, the owner or operator of the facility is able to affirmatively demonstrate, to the satisfaction of the Board, that all non-compliance at the facility has been corrected, that the facility is in compliance with its BUD, and that the facility is not subject to any pending enforcement action under this Act, then the Board may enter an order reinstating the facility as an eligible shingle recycling facility for the purposes of this Section.
Before issuing any order under this subsection (f), the Board shall conduct an evaluation of the owner or operator's prior experience in asphalt shingle recycling operations. The Board may deny a petition for reinstatement under this subsection (f) if the owner or operator, or any employee or officer of the owner or operator, has a history of repeated violations of federal, State, or local laws, regulations, rules, standards, or ordinances related to the operation of an asphalt shingle recycling facility or site, or a history of gross carelessness or incompetence in the handling, storing, processing, transporting, disposing, or recycling of asphalt shingles.
(g) Nothing in this Section shall be construed to prevent the Agency from issuing an informal warning to an owner or operator before issuing a notice of intent to rescind recognition as an eligible shingle recycling facility under subsection (e) of this Section.
(h) Sections 10-25 through 10-60 of the Illinois Administrative Procedure Act do not apply to proceedings under this Section, and the orders issued by the Board under this subsection apply in addition to any other remedy or penalty that may be provided under this Act or any other law.
(i) This Section is repealed on February 1, 2023.
(Source: P.A. 100-266, eff. 8-22-17.)
(415 ILCS 5/22.54b)
Sec. 22.54b. Limitation on fees assessed by local government on facilities that have received a beneficial use determination. Except in counties with a population in excess of 1,500,000 residents, a facility that has received a beneficial use determination from the Agency under Section 22.54 of this Act shall not be subject to annual fees assessed by a unit of local government and that are directly related to the facility's recycling activities in excess of $1,500. A home rule unit may not regulate these fees in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 99-317, eff. 8-7-15.)
(415 ILCS 5/22.55)
Sec. 22.55. Household waste drop-off points.
(a) Findings; purpose and intent.
(b) Definitions. For the purposes of this Section:
(c) Except as otherwise provided in Agency rules, the following requirements apply to each household waste drop-off point, other than a one-day household waste collection event, one-day compostable waste collection event, or permanent compostable waste collection point:
(d) One-day household waste collection events. To further aid in the collection of certain household wastes, the Agency may approve the operation of one-day household waste collection events. The Agency shall not approve a one-day household waste collection event at the same site or facility for more than one day each calendar quarter. Requests for approval must be submitted on forms prescribed by the Agency. The Agency must issue its approval in writing, and it may impose conditions as necessary to protect human health and the environment and to otherwise accomplish the purposes of this Act. One-day household waste collection events must be operated in accordance with the Agency's approval, including all conditions contained in the approval. The following requirements apply to all one-day household waste collection events, in addition to the conditions contained in the Agency's approval:
(d-5) One-day compostable waste collection event. To further aid in the collection and composting of compostable waste, as defined in subsection (b), a municipality may approve the operation of one-day compostable waste collection events at any site or facility within its territorial jurisdiction, and a county may approve the operation of one-day compostable waste collection events at any site or facility in any unincorporated area within its territorial jurisdiction. The approval granted under this subsection (d-5) must be in writing; must specify the date, location, and time of the event; and must list the types of compostable waste that will be collected at the event. If the one-day compostable waste collection event is to be operated at a location within a county with a population of more than 400,000 but less than 2,000,000 inhabitants, according to the 2010 decennial census, then the operator of the event shall, at least 30 days before the event, provide a copy of the approval to the recycling coordinator designated by that county. The approval granted under this subsection (d-5) may include conditions imposed by the county or municipality as necessary to protect public health and prevent odors, vectors, and other nuisances. A one-day compostable waste collection event approved under this subsection (d-5) must be operated in accordance with the approval, including all conditions contained in the approval. The following requirements shall apply to the one-day compostable waste collection event, in addition to the conditions contained in the approval:
(d-6) Permanent compostable waste collection points. To further aid in the collection and composting of compostable waste, as defined in subsection (b), a municipality may approve the operation of permanent compostable waste collection points at any site or facility within its territorial jurisdiction, and a county may approve the operation of permanent compostable waste collection points at any site or facility in any unincorporated area within its territorial jurisdiction. The approval granted pursuant to this subsection (d-6) must be in writing; must specify the location, operating days, and operating hours of the collection point; must list the types of compostable waste that will be collected at the collection point; and must specify a term of not more than 365 calendar days during which the approval will be effective. In addition, if the permanent compostable waste collection point is to be operated at a location within a county with a population of more than 400,000 but less than 2,000,000 inhabitants, according to the 2010 federal decennial census, then the operator of the collection point shall, at least 30 days before the collection point begins operation, provide a copy of the approval to the recycling coordinator designated by that county. The approval may include conditions imposed by the county or municipality as necessary to protect public health and prevent odors, vectors, and other nuisances. A permanent compostable waste collection point approved pursuant to this subsection (d-6) must be operated in accordance with the approval, including all conditions contained in the approval. The following requirements apply to the permanent compostable waste collection point, in addition to the conditions contained in the approval:
(e) The Agency may adopt rules governing the operation of household waste drop-off points, other than one-day household waste collection events, one-day compostable waste collection events, and permanent compostable waste collection points. Those rules must be designed to protect against releases of waste to the environment, prevent nuisances, and otherwise protect human health and the environment. As necessary to address different circumstances, the regulations may contain different requirements for different types of household waste and different types of household waste drop-off points, and the regulations may modify the requirements set forth in subsection (c) of this Section. The regulations may include, but are not limited to, the following: (i) identification of additional types of household waste that can be collected at household waste drop-off points, (ii) identification of the different types of household wastes that can be received at different household waste drop-off points, (iii) the maximum amounts of each type of household waste that can be stored at household waste drop-off points at any one time, and (iv) the maximum time periods each type of household waste can be stored at household waste drop-off points.
(f) Prohibitions.
(g) Permit exemptions.
(h) This Section does not apply to the following:
(i) (Blank).
(j) (Blank).
(k) If an entity chooses to participate as a household waste drop-off point, then it must follow the provisions of this Section and any rules the Agency may adopt governing household waste drop-off points.
(l) (Blank).
(Source: P.A. 102-1055, eff. 6-10-22.)
(415 ILCS 5/22.56)
Sec. 22.56. Regulation of farm land sludge application.
(a) Any person applying sludge, as defined in Section 3.465 of this Act, to agricultural farm land in this State must:
(b) The requirements contained in this Section shall be in addition to any permit requirements otherwise imposed by the Agency. Nothing in this Section shall be interpreted to restrict, or in any way limit, the application of sludge on land (i) owned by a unit of local government or (ii) used for recreational purposes.
(Source: P.A. 97-551, eff. 8-25-11.)
(415 ILCS 5/22.56a)
Sec. 22.56a. Land application of Exceptional Quality biosolids.
(a) The General Assembly finds that:
(b) To encourage and promote the use of Exceptional Quality biosolids in productive and beneficial applications, to the extent allowed by federal law, Exceptional Quality biosolids shall not be subject to regulation as a sludge or other waste if all of the following requirements are met:
(c) For purposes of this Section, Exceptional Quality biosolids are considered "bagged" if they are in a bag or in an open or closed receptacle that has a capacity of one metric ton or less, including, but not limited to, a bucket, box, carton, vehicle, or trailer.
(d) Nothing in this Act shall limit or supersede the authority of the Illinois Emergency Management Agency to regulate exceptional quality biosolids under the Nuclear Safety Law of 2004.
(Source: P.A. 99-67, eff. 7-20-15; 100-128, eff. 8-18-17.)
(415 ILCS 5/22.57)
Sec. 22.57. Perchloroethylene in drycleaning.
(a) For the purposes of this Section:
"Drycleaning" means the process of cleaning clothing, garments, textiles, fabrics, leather goods, or other like articles using a nonaqueous solvent.
"Drycleaning machine" means any machine, device, or other equipment used in drycleaning.
"Drycleaning solvents" means solvents used in drycleaning.
"Perchloroethylene drycleaning machine" means a drycleaning machine that uses perchloroethylene.
"Primary control system" means a refrigerated condenser or an equivalent closed-loop vapor recovery system that reduces the concentration of perchloroethylene in the recirculating air of a perchloroethylene drycleaning machine.
"Refrigerated condenser" means a closed-loop vapor recovery system into which perchloroethylene vapors are introduced and trapped by cooling below the dew point of the perchloroethylene.
"Secondary control system" means a device or apparatus that reduces the concentration of perchloroethylene in the recirculating air of a perchloroethylene drycleaning machine at the end of the drying cycle beyond the level achievable with a refrigerated condenser alone.
(b) Beginning January 1, 2013:
(c) No person shall operate a drycleaning machine unless all of the following are met:
(d) (Blank).
(e) (Blank).
(Source: P.A. 101-400, eff. 7-1-20.)
(415 ILCS 5/22.58)
Sec. 22.58. Drug destruction by law enforcement agency.
(a) For purposes of this Section:
"Drug destruction device" means a device that is (i) designed by its manufacturer to destroy drug evidence and render it non-retrievable and (ii) used exclusively for that purpose or, to the extent allowed under federal law, to destroy pharmaceuticals collected under Section 17 of the Safe Pharmaceutical Disposal Act.
"Drug evidence" means any illegal drug collected as evidence by a law enforcement agency. "Drug evidence" does not include hazardous waste.
"Illegal drug" means any one or more of the following when obtained without a prescription or otherwise in violation of the law:
"Law enforcement agency" means an agency of this State or unit of local government that is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances.
"Non-retrievable" means the condition or state following a process that permanently alters the illegal drug's physical or chemical condition or state through irreversible means and thereby renders the illegal drug unavailable and unusable for all practical purposes.
(b) To the extent allowed under federal law, drug evidence that is placed into a drug destruction device by a law enforcement agency at the location where the evidence is stored by the agency and that is destroyed under the supervision of the agency in accordance with the specifications of the device manufacturer shall not be considered discarded or a waste under this Act until it is rendered non-retrievable.
(Source: P.A. 99-60, eff. 7-16-15; 100-250, eff. 8-22-17.)
(415 ILCS 5/22.59)
Sec. 22.59. CCR surface impoundments.
(a) The General Assembly finds that:
Therefore, the purpose of this Section is to promote a healthful environment, including clean water, air, and land, meaningful public involvement, and the responsible disposal and storage of coal combustion residuals, so as to protect public health and to prevent pollution of the environment of this State.
The provisions of this Section shall be liberally construed to carry out the purposes of this Section.
(b) No person shall:
(c) (Blank).
(d) Before commencing closure of a CCR surface impoundment, in accordance with Board rules, the owner of a CCR surface impoundment must submit to the Agency for approval a closure alternatives analysis that analyzes all closure methods being considered and that otherwise satisfies all closure requirements adopted by the Board under this Act. Complete removal of CCR, as specified by the Board's rules, from the CCR surface impoundment must be considered and analyzed. Section 3.405 does not apply to the Board's rules specifying complete removal of CCR. The selected closure method must ensure compliance with regulations adopted by the Board pursuant to this Section.
(e) Owners or operators of CCR surface impoundments who have submitted a closure plan to the Agency before May 1, 2019, and who have completed closure prior to 24 months after July 30, 2019 (the effective date of Public Act 101-171) shall not be required to obtain a construction permit for the surface impoundment closure under this Section.
(f) Except for the State, its agencies and institutions, a unit of local government, or not-for-profit electric cooperative as defined in Section 3.4 of the Electric Supplier Act, any person who owns or operates a CCR surface impoundment in this State shall post with the Agency a performance bond or other security for the purpose of: (i) ensuring closure of the CCR surface impoundment and post-closure care in accordance with this Act and its rules; and (ii) ensuring remediation of releases from the CCR surface impoundment. The only acceptable forms of financial assurance are: a trust fund, a surety bond guaranteeing payment, a surety bond guaranteeing performance, or an irrevocable letter of credit.
(g) The Board shall adopt rules establishing construction permit requirements, operating permit requirements, design standards, reporting, financial assurance, and closure and post-closure care requirements for CCR surface impoundments. Not later than 8 months after July 30, 2019 (the effective date of Public Act 101-171) the Agency shall propose, and not later than one year after receipt of the Agency's proposal the Board shall adopt, rules under this Section. The Board shall not be deemed in noncompliance with the rulemaking deadline due to delays in adopting rules as a result of the Joint Commission on Administrative Rules oversight process. The rules must, at a minimum:
(h) Any owner of a CCR surface impoundment that generates CCR and sells or otherwise provides coal combustion byproducts pursuant to Section 3.135 shall, every 12 months, post on its publicly available website a report specifying the volume or weight of CCR, in cubic yards or tons, that it sold or provided during the past 12 months.
(i) The owner of a CCR surface impoundment shall post all closure plans, permit applications, and supporting documentation, as well as any Agency approval of the plans or applications on its publicly available website.
(j) The owner or operator of a CCR surface impoundment shall pay the following fees:
(k) All fees collected by the Agency under subsection (j) shall be deposited into the Environmental Protection Permit and Inspection Fund.
(l) The Coal Combustion Residual Surface Impoundment Financial Assurance Fund is created as a special fund in the State treasury. Any moneys forfeited to the State of Illinois from any performance bond or other security required under this Section shall be placed in the Coal Combustion Residual Surface Impoundment Financial Assurance Fund and shall, upon approval by the Governor and the Director, be used by the Agency for the purposes for which such performance bond or other security was issued. The Coal Combustion Residual Surface Impoundment Financial Assurance Fund is not subject to the provisions of subsection (c) of Section 5 of the State Finance Act.
(m) The provisions of this Section shall apply, without limitation, to all existing CCR surface impoundments and any CCR surface impoundments constructed after July 30, 2019 (the effective date of Public Act 101-171), except to the extent prohibited by the Illinois or United States Constitutions.
(Source: P.A. 101-171, eff. 7-30-19; 102-16, eff. 6-17-21; 102-137, eff. 7-23-21; 102-309, eff. 8-6-21; 102-558, eff. 8-20-21; 102-662, eff. 9-15-21; 102-813, eff. 5-13-22.)
(415 ILCS 5/22.60)
(For Section repeal see subsection (e))
Sec. 22.60. Pilot project for Will County and Grundy County pyrolysis or gasification facility.
(a) As used in this Section:
"Plastics" means polystyrene or any other synthetic organic polymer that can be molded into shape under heat and pressure and then set into a rigid or slightly elastic form.
"Plastics gasification facility" means a manufacturing facility that:
"Plastics pyrolysis facility" means a manufacturing facility that:
(b) Provided that permitting and construction has commenced prior to July 1, 2025, a pilot project allowing for a pyrolysis or gasification facility in accordance with this Section is permitted for a locally zoned and approved site in either Will County or Grundy County.
(c) To the extent allowed by federal law, uncontaminated plastics that have been processed into a feedstock meeting feedstock specifications for a plastics gasification facility or plastics pyrolysis facility, and that are further processed by such a facility and returned to the economic mainstream in the form of raw materials or products, are considered recycled and are not subject to regulation as waste.
(d) The Agency may propose to the Board for adoption, and the Board may adopt, rules establishing standards for materials accepted as feedstocks by plastics gasification facilities and plastics pyrolysis facilities, rules establishing standards for the management of feedstocks at plastics gasification facilities and plastics pyrolysis facilities, and any other rules, as may be necessary to implement and administer this Section.
(e) If permitting and construction for the pilot project under subsection (b) has not commenced by July 1, 2025, this Section is repealed.
(Source: P.A. 101-141, eff. 7-1-20; 102-558, eff. 8-20-21.)
(415 ILCS 5/22.61)
Sec. 22.61. Regulation of bisphenol A in business transaction paper.
(a) For purposes of this Section, "thermal paper" means paper with bisphenol A added to the coating.
(b) Beginning January 1, 2020, no person shall manufacture, for sale in this State, thermal paper.
(c) No person shall distribute or use any thermal paper for the making of business or banking records, including, but not limited to, records of receipts, credits, withdrawals, deposits, or credit or debit card transactions. This subsection shall not apply to thermal paper that was manufactured prior to January 1, 2020.
(d) The prohibition in subsections (a) and (b) shall not apply to paper containing recycled material.
(Source: P.A. 101-457, eff. 8-23-19; 102-558, eff. 8-20-21.)
(415 ILCS 5/22.62)
Sec. 22.62. TRI-PFAS; incineration.
(a) As used in this Section:
(b) No person shall dispose of any TRI-PFAS by incineration, including, but not limited to, aqueous film-forming foam that contains TRI-PFAS. The Agency may propose, and the Board may adopt, any rules it deems necessary to carry out the provisions of this Section.
(c) Nothing in this Section applies to the incineration of (i) landfill gas from the decomposition of waste that may contain any perfluoroalkyl or polyfluoroalkyl substances at a permitted sanitary landfill, (ii) landfill gas in a landfill gas recovery facility that is located at a sanitary landfill, (iii) waste at a permitted hospital, medical, and infectious waste incinerator that meets the requirements of Subpart HHH of 40 CFR Part 62, Subpart Ec of 40 CFR Part 60, or the Board-adopted State Plan requirements for hospital, medical, and infectious waste incinerators, as applicable, or (iv) sludges, biosolids, or other solids or by-products generated at or by a municipal wastewater treatment plant or facility.
(Source: P.A. 102-1048, eff. 6-8-22.)
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