3
BEFORE THE ILLINOIS
POLLUTION
IN THE MATTER OF:
)
)
CLEAN CONSTRUCTION OR DEMOLITION
DEBRIS FILL OPERATIONS
(35 ILL. ADM.
CODE PART
1100)
)
Dorothy Gunn, Clerk,
Illinois Pollution
Control Board
James R. Thompson Center
100W. Randolph, Suite 11-500
Chicago, Illinois 60601
Matt Dunn
Environmental Bureau Chief
Office ofthe Attorney General
James R. Thompson Center
100W. Randolph,
12th
Floor
Chicago, Illinois 60601
)
CONTROL B&ECEIVED
CLERK’S OFFICE
NOV
212005
STATE OF ILLINOIS
qPollution Control Board
General Ccninsel
Office ofLegal Counsel
Illinois
Dept. ofNatural Resources
One Natural Resources Way
Springfield,
Illinois 62702-127 1
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution
Control Board the Illinois Environmental Protection Agency’s
(“Agency”) Motion
for Acceptance. Agency Proposal ofRegulations, Appearance of
Attorneys, Statement of Reasons, and the Proposed Regulations
a
copy ofeach ofwhich
is herewith served upon you.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
5t~hanieFlowers
Assistant
Counsel
Division ofLegal Counsel
DATE:
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
)
R06-
)
(Rulemaking —Land)
NOTICE
THIS
FILING PRINTED ON RECYCLED PAPER
Re0
D
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
1~CE
NOv21200
IN THE MAflER
OF:
)
POllQjj~flc°dk~j01s
)
r
CLEAN CONSTRUCTION OR DEMOLITION
)
R06-
I ‘1
DEBRIS
FILL OPERATIONS
)
(Rulemaking -Land)
(35
ILL. ADM. CODE PART
1100)
)
)
MOTION FOR ACCEPTANCE
NOW COMES the Illinois Environmental Protection Agency
(“Illinois EPA”), by
and
through its attorney,
Stephanie Flowers, and pursuant to
35
Ill. Adm.
Code
102.106,
102.200, and
102.202 moves the Illinois Pollution Control Board (“Board”) accept for
hearing the Illinois EPA’s proposal
for 35
III. Adm.
Code Part 1100.
This proposal
includes:
1) Appearance of Attorneys for the Illinois EPA; 2) Statement ofReasons;
3) Agency Proposal of Regulations; 4) Proposed Regulations; 5) electronic copy ofthe
Proposed Regulations; and
6) Notice ofFiling.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:J~4,1*~cp.
~
Ste4l?hnie Flowers
Assistant Counsel
Division of Legal Counsel
DATE:
1021
North Grand Avenue East
P.O.Box
19276
Springfield, Illinois 62794-9276
(217)
782-5544
THIS FILING
PRINTED ON RECYCLED PAPER
RECE~VEO
CLERKS OFFICE
BEFORE THE ILLINOIS POLLUTION
CONTROL ~4$1~$
2005
STATE OF ILLINOIS
pollution Control Boar
IN THE MATTER OF:
)
)
CLEAN CONSTRUCTION ORDEMOLITION
)
R06-
DEBRIS FILL OPERATIONS
)
(Rulemaking -Land)
(35
ILL. ADM. CODE PART
1100)
)
)
APPEARANCE
The undersigned hereby enter their appearance as attorneys on behalfofthe
Illinois Environmental
Protection Agency.
Respectfblly submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Step1~ieFlowers
Assistant Counsel
Division of Legal Counsel
By:
/C-.~t~
Q
Kyle R5minger
Assistant Counsel
Division ofLegal
Counsel
DATED:
//~~
-c’5
1021
North Grand Avenue East
P.O.
Box
19276
Springfield,
Illinois 62794-9276
(217) 782-5544
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
React.
cLeRK~
0,r~1~o
INTHEMATTEROF:
)
NOV27
)
20g~
CLEAN
CONSTRUCTION OR DEMOLITION
)
R06-
~
OF
DEBRIS FILL OPERATIONS
)
(Rulemak?ng —Land)
Cant,.01
Board
(NEW
35
ILL. ADM. CODE PART 1100)
)
)
AGENCY PROPOSAL OF REGULATIONS
Pursuant to
Section 27 ofthe Illinois Environmental
Protection Act (415 ILCS
5/27), the Illinois Environmental Agency hereby moves the Illinois
Pollution Control
Board to adopt the ittached proposed regulations.
Respectftilly submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
7 ~
Douglas P~cott
Director
DATED:
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
BEFORE THE ILLINOIS POLLUTION CONTROL
)
R06-
) ~
gg
(Rulemaking —Land)
)
STATEMENT OF REASONS
NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”) and
submits its Statement
ofReasons for the above-captioned proceeding to the Illinois Pollution
Control Board (“Board”) pursuant to 35
Ill.
Adm.
Code 102.202(b).
I.
FACTS
IN SUPPORT, PURPOSE
AND EFFECT
A. Background
The Illinois EPA submits this proposal
pursuant to Public Act
94-272 (“P.A. 94-272”)
which requires the Illinois EPA to
propose to
the Board
regulations for the use ofclean
construction or demolition debris (“CCDD”) as fill material in current and former quarries,
mines, and other excavations.
See
415
ILCS
5/22.51(c)(1)
(effective July
19,
2005).
The
regulations are to
set forth standards
forthe operation of clean construction or demolition debris
fill operations as well as procedures for the submission
and review of permits
for these facilities.
P.A.
94-272 requires the Board to
adopt rules no later than September
1, 2006.
Id.
A copy of
P,A.
94-272 is included as Attachment A to this document.
IN THE
MATTER OF
CLEAN CONSTRUCTION OR DEMOLITION
)
DEBRIS FILL OPERATIONS
)
(35 ILL. ADM.
CODE PART
1100)
)
Page
1
B. Regulatory Development
The proposed language for Part 1100 was developed with input from the regulated
community.
An Illinois EPA workgroup originally drafted the proposed language and then
circulated the draft to members of theregulated community and state and local government
entities for comment.
The Illinois
EPA held several public outreach meetings in which
drafts of
the proposed language for Part
1100 were discussed and changes to the language of the drafts
were developed.
Persons attending one or more ofthese meetings include representatives from
Andrews Environmental Engineering, Inc., Bluff City Materials, Chicago Department of
Environment,
Chicago Department of Streets and Sanitation, Dupage County Department of
Transportation, Elmer Larson, LLC, Illinois Association of Aggregate Producers (“IAAP”),
Illinois Department of Transportation (“IDOT”), Illinois Society ofProfessional Engineers
(“ISPE”), Land and Lakes Co., Material Service Corporation, Meyer Material
Co., Plote
Construction, Inc.,
Prairie Material, Reliable Asphalt Corp., Rockford Sand &
Gravel, Secor
International Inc., Thelen
Sand & Gravel, Inc., Underground Contractors Association of Illinois
(“UCA”), Vulcan Materials Company, Waste Management, Inc., WRS Infrastructure &
Environment, Inc., and
members ofthe Illinois Senate and Senate staff
Additionally, the Illinois
EPA had
several less
formal meetings with representatives ofthe IAAP and others on several
occasions.
Comments
from these meetings and from further communications have been
incorporated into the proposed rules and, as a result, significant concerns ofthe regulated
communityhave been resolved.
Several points of disagreement remain, but the
Illinois EPA is
not aware ofmajor objections by the regulated community to the current language proposed for
Part
1100.
The following are identified as the remaining areas of disagreement between the
Illinois EPA and the regulated community regarding this rulemaking:
Page 2
1.
Section
1100.302 ofthe proposed rules requires permit applicants to notify
specific local public officials and General Assembly members that the applicant has filed
an
application for a permit with the Illinois
EPA. The regulated community objects to the extent of
this notification procedure and would prefer notification to the public via the Illinois EPA’s
website.
The Illinois EPA is proposing the notification requirement because local public
officials and General Assembly members have historically had an
interest in the Illinois EPA’s
land permitting activities.
Based on the Illinois EPA’s experience, when large volumes of
material are being brought
into a community for permanent disposal the public
becomes
interested,
and typically-the public contacts their state and local officials regarding the matter.
The notice requirement for the CCDD
fill permit is similar
tO the notice requirements for other
land-related site permits and helps assure that the officials are made aware of the
activity so that
they can better respond to their constituents’ concerns.
Simply posting a notice on the Illinois
EPA’s website as suggested by the regulated community would not provide the officials with the
same type oftimely notification unless all ofthese officials routinely check the appropriate page
ofthe Illinois EPA’s website for permit notices.
-
2.
Section
1100.412 of the Illinois EPA’s proposed rules requires
that
a professional
engineer (“PE”) certify to the facility’s compliance
with the closure plan and postclosure
maintenance plan.
The
regulated community has expressed an objection to the need for a PE
certification for both
closure and postclosure.
The Illinois EPA is proposing the requirement
because the Illinois EPA routinely relies on PE certifications to provide assurance ofcompliance
with the regulations in
lieu ofIllinois EPA personnel inspecting
each site and directly overseeing
the required activities.
A PE certification is required after closure to determine the start of
postclosure maintenance.
A PE certification at this stage lessens the time required for closure
Page
3
review and issuance of the certificate of closure.
A final PE certification after the postclosure
maintenance period confirms that
the permit conditions
have been met and that the permit may
be
terminated.
C.
Description of Proposed Language for Part 1100
SUBPART A
-
GENERAL
Section
1100.101
-
Scope and Applicability.
Limits the applicability of this regulation to
the use ofCCDD as
fill
material in a current or former quarry, mine, or other excavation (i.e.,
CCDD
fill operations required to
be permitted pursuant to under Section
22.51 ofthe Act).
Clarifies that the rules do not apply to
the following uses ofCCDD
as fill material,
which by
statute do not require a permit:
(1) use as fill material in a current or former
mine, quarry, or
other excavation on the site where the CCDD was generated,
and
(2) use as
fill material in an
excavation otherthan a current or former quarry or mine in compliance with
Illinois Department
ofTransportation specifications.
Clarifies that the portions ofa site not
used for CCDD fill
operations are
also excluded from the rules.
Clarifies that Part 1100 does not apply to
any
material other than CCDD.
States that the rules do not apply to facilities permitted pursuant to
35
III.
Adm. Code 807 or 811
through
814.
Section
1100.102
-
Severability. Contains standard severability language found in
other
Board regulations.
Section
1100.103
—
Definitions.
Includes definitions
for terms found throughout the
proposed rules.
The definitions of“owner” and “operator” are consistent with the definitions of
“owner” and
“operator” in
Senate Bill
67 recently passed by the General Assembly.
However,
the definitions
in this proposal
are not italicized because the bill is not yet signed into
law.
Page 4
Section
1100.104
-
Incorporations by Reference.
Incorporates USEPA publication SW-
846 through the IIIB update.
The incorporation is to
provide standards for the proper handling of
instrumentation required at Section
1100.205(a).
SUBPART
B
-
STANDARDS
Section
1100.201
—
Prohibitions.
Lists prohibited activities including the prohibition
against accepting material
other than CCDD for fill
at the facility.
A Board
note is also
included
to clarify that CCDD
includes uncontaminated soil being used as
fill at the facility.
Section
1100.202
-
Surface Water Drainage.
Lists requirements to
control surface water
drainage from filled areas.
-
-
Section 1100.203
-
Annual Facility Map.
Requires an annual map ofthe facility to show
compliance with the permit boundaries.
Section
1100.204
-
Operating Standards.
Describes
standards for daily operations at the
facility, including placement of fill, fill elevation, size and slope ofworking face, control ofmud
tracking, dust control, noise control, maintenance, and standards
for equipment and utilities.
Section
1100.205
-
Load Checking.
Describes the procedure for inspecting loads on a
routine and
random basis to
help assure that accepted loads contain only CCDD.
This
Section
also describes the record keeping requirements for each inspection and
the procedures for
rejecting a load.
Section 1100.206
—
Salvaging.
Describes the requirements for an acceptable salvaging
operation at a CCDD
facility.
Section 1100.207
—
Boundary Control.
Lists the requirements for proper boundary
controls at a CCDD facility.
Page
5
Section
1100.208
—
Closure.
Subsection (a) requires closure to begin 30 days after the
date on which the facility receives the final load of CCDD but also provides for extensions of
closure for up to
one year or longer.
Subsection (b) lists the requirements for closure regarding
final cover and slope stabilization.
Section
1100.209
-
Postclosure Maintenance.
Sets forth requirements for postclosure
maintenance and a one-year postclosure term.
Allows for a shorter postclosure term if approved
in the Illinois EPA permit.
Section 1100.210
-
Recordkeeping Requirements. Lists records to be kept for the length
ofthe permit.
-
-
Section 1100.211
-
Annual Reports.
Lists information to
be included in annual reports.
SUBPART
C
-
PERMIT
INFORMATION
Section
1100.301
-
Scope and Applicability— States permit applications must be filed
with the Illinois EPA in accordance with the Act and Board regulations to obtain a permit for a
CCDD fill
operation.
Section
1100.302
—
Notification. Requires permit applicants to-notify state and local
officials that a permit application is pending.
Section 1100.303
-
Required Signatures.
Lists required signatures on permit
applications.
Section 1100.304
-
Site Location Map.
Requires geographical quadrangle map showing
the entire site and topographical information to be submitted as part of the permit application.
Section 1100.305
-
Facility Plan Map.
Requires maps ofthe facility showing all facility
features to be
submitted as part ofthe permit application.
-
Section 1100.306
-
Narrative Description ofthe Facility.
Requires narrative ofplans and
procedures used
to comply with this Part to be submitted as part of the permit application.
Page 6
Section
1100.307
-
ProofofProperty Ownership and Certification.
Requires certificate
of ownership of facility property and compliance with Sections 39(i) and 39(i-5) of the Act
to be
submitted as part ofthe permit
application.
Section 39(i) ofthe Act requires disclosure ofthe
permit
applicant’s prior conduct including repeated violations related to waste
management,
conviction
in any federal or state court of a felony,
and proofofgross carelessness or
incompetence with
regard to waste management.
Section ~~@-5)of the Act requires the permit
applicant to disclose any transfer ofownership ofthe CCDD fill
operation between January
I,
-
2005
and
July
19,
2005.
Section
1100.308 --Surface
Water Control.
Requires copy ofNational Pollutant
Discharge Elimination
System (“NPDES”) permit and map showing surface water control
structures to be
submitted as part of the permit application.
Section 1100.309
-
Closure Plans.
Requires a closure plan that complies with the
requirements of this Part to be submitted as part of the permit application.
Section
1100.310
-
Postclosure Maintenance Plan.
Requires a postclosure maintenance
plan that complies with the requirements ofthis Part to be submitted as part of the permit
application.
SUBPART D
-
PROCEDURAL REQUIREMENTS FOR PERMITTING
Section
1100.401
-
Purpose ofSubpart.
Declares the focus ofthis
Subpart to
be
procedures for permit applicants.
Section
1100.402
-
Delivery ofPermit Application. Requires permit applications be
on
illinois EPA forms.
Section
1100.403
-
Agency Decision Deadlines.
Subsection (a) repeats the 90-day
deadline for Illinois EPA
action on a permit application.
Subsection (b) specifies when an
Page 7
application is considered complete and deemed
filed, and requires the Illinois EPA to notify
applicants ofincomplete
applications.
Subsection (c) allows permit applicants to waive the
Illinois EPA’s 90-day review deadline.
Subsection (d) allows permit applicants to modify
applications any time prior to an Illinois EPA decision and extends the Illinois
EPA’s review
deadline for modified applications.
Subsection
(e) specifies how notice of final Illinois EPA
action must be given
and the date final action
is deemed to have taken place.
Section
1100.404
-
Standards for Issuance of a Permit.
Contains statutory language
regarding Illinois EPA actions for the issuance of a permit.
Section
1100.405
-
Standards for Denial of a
Permit. Contains statutory language
regarding Illinois EPA actions for the denial of a permit.
Section
1100.406
-
Permit Appeals.
Contains statutory language regarding appeals.
Section
1100.407
-
Permit No Defense. Contains standard language found
in other Board
regulations regarding the use ofa permit as a defense to violations of the Act and Board rules.
Section
1100.408
-
Term ofPermit.
Provides for a
10-year permit
term, unless
a permit
is modified or revoked.
-
-
Section
1100.409
-
Transfer ofPermits.
Contains standard language found
in other
Board regulations regarding the transfer ofpermits.
Section
1100.410
-
Procedures for the Modification ofPermits.
Subsection (a)
allows an
owner or operator to
modify a permit by submitting an application to the Illinois
EPA.
-
Subsection (b) sets forth the conditions
and procedures for Agency initiated
modifications of a
permit.
Section
1100.411
-
Procedures for the Renewal ofPermits.
Subsection (a) requires
renewal applications to be filed with
the Illinois EPA 90
days before expiration ofthe current
-
Page
8
permit.
Subsection (b) states a timely filed renewal application allows forthe current permit to
remain
in full
force and effect until
the Illinois EPA reaches a decision on theipennitreaewal.
Subsection (c) describes information required for the renewal of a permit.
Subsection (d)
subjects permit renewals to the requirements
and time schedules of Sections
1100.402 through
1100.409.
Section
1100.412
-
Procedures
for Closure and Postclosure Maintenance.
States the
requirements
for issuance ofa certificate of closure and the termination ofpermit, including the
requirements ofPE certifications
for closure and postclosure maintenance.
D. Technical Feasibility and Economic Justification
1. Technical Feasibility
-
New regulatory requirements
for this industry were created by
P.A.
94-272, which include the use of a monitoring device approved by the Agency that detects
volatile organic compounds.
The Act specifies that such devices may include,
but are not limited
to, photo
ionization detectors,
and requires that such monitors be
used until such time as the
Board adopts rules.
See 415
ILCS
5/22.5l(c)(1).
The proposed rules at Section
1100.205
continue to require the use of monitoring devices that detect volatile organic compounds.
The
proposed rules specify that such devices may include a photo ionization detector(”PID”),
a
flame ionization detector (FID), or another device approved by the Agency.
Therefore, the
Illinois EPA believes that no new issues oftechnical feasibility are raised
in the proposed rules
2.
Economic Reasonableness —P.A.
94-272 requires that persons conducting clean
construction or demolition debris fill
operations are to be permitted by the Illinois EPA.
Regular
costs ofpermit programs may include costs associated with preparing and filing permit
applications, preparing other documents such as reports and maps, record storage,
additional
personnel, personnel training, and professional engineer certifications.
Although compliance
Page 9
with the proposed regulations will increase costs to this industry compared to pre-regulation
costs, the Illinois EPA believes
that the costs will not be unduly burdensome, are consistent with
other land permit programs, and are justified
for compliance with
the Act.
II.
SYNOPSIS OF TESTIMONY
Currently, the Illinois EPA plans to call the following witnesses at the hearing:
Joyce
Munie, Manager ofthe Permit
Section, Paul Purseglove, Field Operations Manager, Chris
Liebman, Manager ofthe Solid Waste Unit of the Permit Section, and Thomas Hubbard, Permit
Writer in the Solid
Waste Unit of the Permit
Section.
These witnesses will testify about the
permit rules
in general and will assist
in answering questions.
Written testimony will be
submitted prior to hearing in accordance with the Board’s procedural
rules.
Additionally, the
Illinois EPA plans to have Mike Nechvatal, Manager of the Division ofLand Pollution Control
available to answer questions at hearing but Mr.
Nechvatal will not be
submitting written
testimony.
The Illinois EPA respectfully requests that the Board allow Illinois
EPA witnesses to
present their oral testimony in panel form rather than
calling each individually.
A panel
format
should streamline the hearing process, and has proven beneficial in past rulemakings.
III.
STATEMENT REGARDING MATERIAL INCORPORATED
BY
REFERENCE
The material incorporated
by reference in Section
1100.104 is a USEPA publication
consisting ofapproximately 3,500 pages.
According to the Board’s technical
staff, this reference
material is already in the Board’s possession.
Therefore, the Illinois EPA respectfully requests
-
that the Board waive the submission ofcopies of the material incorporated by reference as
required under 35
Ill.
Adm.
Code
102.202(d).
Page
10
IV.
SUPPORTING
DOCUMENTS
Exhibit A:
P.A. 94-272.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:_______
Ste$Wanie Flowers
Assistant Counsel
Division of Legal
Counsel
DATED:
/7
1c: -or
1021
North Grand Avenue East
P.O. Box
19276
Springfield,
Illinois 62794-9276
(217) 782-5544
Page
11
Exhibit
A
Public Act 094—0272
S80431 Enrolled
LR8094 09305 RSP 39545 b
AN ACT concerning safety.
Be
it
enacted
by
the
People
of
the
State
of
Illinois,
represented
in
the
General
Assembly:
Section
10.
The
Environmental
Protection
Act
is
amended
by
changing
Sections
3.160,
21.3,
22.44,
34,
39,
42,
and
58.8
and
by adding Sections 22.lSa, 22.50,
22.51, and 22.52 as follows:
(415 ILOS 5/3.160)
(was 415 ILCS 5/3.78 and 3.78a)
Sec. 3.160. Construction or demolition debris.
(a)
-General
construction
or
demolition
debris”
means
non—hazardous,
uncontaminated
materials
resulting
from
the
construction,
remodeling,
repair, and demolition of utilities,
structures,
and
roads,
limited
to
the
following:
bricks,
concrete,
and
other
masonry
materials;
soil;
rock;
wood,
including non—hazardous painted,
treated,
and coated wood and
wood
products;
wall
coverings;
plaster;
drywall;
plumbing
fixtures;
non—asbestos insulation;
roofing shingles
and
other
roof
coverings;
reclaimed
asphalt
pavement;
glass;
plastics
that are not sealed
in a manner that conceals waste; electrical
wiring and components
containing
no hazardous substances;
and
piping or metals incidental to any of those materials.
General construction
or demolition debris does not include
uncontaminated soil generated during construction,
remodeling,
repair,
and
demolition
of
utilities,
structures,
and
roads
provided
the
uncontaminated
soil
is
not
commingled
with
any
general construction or demolition debris or other waste.
To
the
extent
allowed
by
federal
law,
uncontaminated
concrete
with
protruding
rebar
shall
be
-
considered
clean
construction or demolition
debris and shall
not
be considered
“waste”
if
it
is
separated
or processed and
returned
to
the
economic mainstream
in
the
form of
raw
material-s
or products
within
4 years
of
its
generation,
if
it
is not speculatively
accumulated
and,
if
used
as
a
fill
material,
it
is used
in
Public Act 094—0272
S80431 Enrolled
LR8094
09305 RSP 39545
b
accordance
with
item
Ci)
in
subsection
(b)
of
this
Section
within 30 days of its generation.
(b)
“Clean
construction
or
demolition
debris”
means
uncontaminated
broken concrete
without protruding metal
bars,
bricks,
rock,
stone,
reclaimed
asphalt
pavement,
or
soil
generated from construction or demolition activities.
Clean
construction
or demolition
debris
does
not
include
uncontaminated soil generated during construction,
remodeling,
repair,
and
demolition
of
utilities,
structures,
and
roads
provided
the
uncontaminated
soil
is
not
conmingled
with
any
clean construction or demolition debris or other waste.
To the extent allowed by federal law, clean construction or
demolition debris
shall not be considered
“waste” if it is
Ci)
used as fill material outside of a setback zone if the fill
is
placed no higher than
the highest point
of elevation existing
prior to the filling immediately adjacent to the fill area,
and
if
covered
by
sufficient
uncontaminated
soil
to
support
vegetation
within
30 days
of
the
completion
of filling or if
covered by a road or structure,
or
(ii) separated or processed
and
returned
to
the
economic
mainstream
in
the
form of
raw
materials
or products,
if
it
is
not speculatively accumulated
and,
if used as a fill material,
it
is used in accordance with
item
(i)
within
30
days
of
its
generation,
or
(iii)
solely
broken concrete without protruding metal bars used for erosion
control,
or
(iv)
generated from the construction or demolition
of
a building,
road,
or other structure and used to construct,
on
the
site
where
the
construction
cr
demolition
has
taken
place,
a manmade functional
structure
not
to exceed
20
feet
above
the
highest
point
of
elevation
of
the
property
immediately adjacent to the new manmade functional structure as
that
elevation
existed
prior
to
the
creation
of
that
new
structure,
provided
that
the structure
shall
be covered with
sufficient soil materials to sustain vegetation or by a road or
structure,
and further provided that no such structure shall be
constructed within
a home rule municipality with a population
over 500,000 without the consent of the municipality.
Public Act 094—0272
580431 Enrolled
LR8094 09305 RSP 39545 b
(Source:
P.A. 92—574, eff.
6—26—02;
93—179, eff. 7—11—03.)
(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.l5a,
55.3,
or
57.12
ond
Ccction
22.18
shall
constitute
an
environmental
reclamation
lien
in
favor
of
the
State
of
Illinois
upon
all
real property and rights to such property which:
(1) belong to such person; and
(2)
are subject to or affected by
a removal or remedial
action
under
Section
22.2
or
investigation,
preventive
action,
corrective
action.~ or
enforcement
action
under
Section 22.15a, 55.3,
or 57.12 22.18.
(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.
Cc)
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
Cc)
df Section 22.lSa,
subsection
Cd)
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
Public Act 094—0272
580431 Enrolled
LR3094 09305 PS? 39545 b
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.
Cd) 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.
Ce) 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)
Within
CO
da1s
aftcr
initiating
rc3pon~c
~r
rcmcdial
action
at
thc
oitc
u~dcr
Scctio.
22.2
or
22.10,
th~
Agc.cy ohall fllc a Noticc of P.csponsc Lction in Progrcoo.
Thc
Nctlcc ohall bc filcd ~.lththc rccardcr c~ regiotrar of titlco
of thc ~ou,,ty i~.uhLch thc rcal propcrty lics.
(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 222,
22.l5a,
55.3,
or 57.12
or Ccction
22.18
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 or Ccction 22.18.
(h) Any liability to the State under Section 22.2,
22.15a,
55.3, or 57.12 or Ccction 22.18
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
Public Act 094—0272
SB0431 Enrolled
LR8094 09305 RSP 39545 b
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.l5a,
55.3,
or
57.12 a~C~ctlan
22.16.
(i)
“Environmental
reclamation
lien”
means
a
lien
established under this Section.
(Source:
P.A.
92—574,
eff.
6—26—02.)
(415 ILCS S/22.lSa new)
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
aporopriate
to end
that threat.
This preventive or corrective
action may consist of any or all of the following:
(1) Removing waste from the site.
(2)
Removing
soil
and
water
contamination
that
is
related to waste at the site.
(3)
Installing
devices
to
monitor
and
control
groundwater
and
surface
water
contamination
that
is
related to waste at the site.
-
(4)
Taking
any other
actions
that
are authorized by
Board regulations.
(b) Subiect
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:
(1)
Actions
under
this
subsection
must
be
taken
pursuant
to a written agreement between the Agency and the
owner of the property.
(2) The written agreement must at a minimum specify:
(A)
that
the
owner
relinquishes
any claim
of
an
ownership interest
in any waste that
is removed and in
any proceeds from its sale;
(B)
that
waste
will
no
longer
be
allowed
to
Public Act 094—0272
580431 Enrolled
LR8094 09305 RSP 39545 b
accumulate
at
the
site
in
a manner
that
constitutes
open dumping;
jçj_
that
the
owner
will hold harmless
the Agency
and
any employee
or
contractor usedbv
the Agency
to
effect the removal for any damage
to property incurred
during
the
course
of
action
under
this
subsection,
except
for
damage
incurred
by
gross
negligence
or
intentional misconduct; and
(D)
any
conditions
imposed
upon
or
assistance
required
from
the
owner
to
assure
that
the
waste
is
so
located or arranged as to facilitate its removal.
(3)The
Agency
may
establish
by
rule
the
conditions
and
priorities
for the
removal of waste under
this subsection
(b)
1*1
The
Agency
must
prescribe
the
form
of
written
agreements under this subsection
(b)
(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.
J4)
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:
-
(1)
any person with an ownership interest
in property
where open dumping has occurred
Public Act 094—0272
S60431 Enrolled
LR8094 09305 RSP 39545
b
(2)
any person with an ownership or leasehold interest
in the property at the time the open dumping occurred;
(3)
any
person
who
transported
waste
that
was
open
dumped at the property; and
(4)
any person who open dumped at the property.
Any moneys received by
the Agency under this subsection
(eL
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 Iiiinois
for punitive damages in an amount at least eguai
to
and
not more than
3
times
the costs
incurred by
the State
if
that
pexson
failed,
without
sufficient
cause,
to
take
preventive
or corrective action under
the
notice issued under
subsection
Cc) of this Section.
(g)
There
shall
be
no liability
under
subsection
(e)
of
this Section for a person otherwise liable who can establish bj
a preponderance of the evidence
that the hazard created by the
open dumping was caused solely by:
(1) an act of God;
(2) an act of war; or
(3) an act or omission of
a
third party other than
an
employee
or agent
and
other
than
a person
whose
act
or
omission
occurs
in
connection
with
a
contractual
relationship
with
the
person
otherwise
liable.
For
the
purposes
of
this
paragraph,
‘contractual
relationship”
includes, but is not limited
to,
land contracts,
deeds, and
other instruments transferring title or possession,
unless
the real property upon which
the open dumping occurred was
acquired by
the defendant after
the open dumping occurred
and
one
or more
of
the
following
circumstances
is
also
established by a preponderance of the evidence:
(A)
at
the
time
the
defendant
acguired
the
property,
the defendant did not
know and had no reason
to
know
that
any
open
dumping
had occurred
and
the
defendant
undertook,
at
the
time
of
acquisition,
all
appropriate inquiries
into
the
previous ownership and
Public Act 094-0272
SB0431 Enrolled
LRBO94 09305 RSP 39545 b
uses of the property consistent with good commercial or
customary practice in an effort to minimize liability;
(B)
the
defendant
is
a
government
entity
that
acquired
the property
by escheat or throuoh
any
other
involuntary
transfer
or
acquisition,
or
through
the
exercise
of
eminent
domain
authority
by
purchase
or
condemnation;
or
(C)
the
defendant
acoqjred
the
property~~j
inheritance
or
bequest.
(h)
Nothing
in
this
Section
shall
affect
or
mudify
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
~
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
daniages
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
pp~
dumping:
(1)
occurred
on
public
land;
(2)
occurred
on
a
public
right—of—way;
(3)
occurred
in
a
park
or
natural
area;
(4)
occurred
in
am
environmental
justice
area;
(5)
was
caused
or
allowed
by
persons
other
than
the
owner
of
the
site;
(6)
creates
the
potential
for
groundwater
contamination;
(7)
creates
the
potential
for
surface
water
Public
Act
094—0272
5B0431
Enrolled
LR3094
09305
RSP
39545
b
contamination;
(B)
creates
the
potebtial
for
disease
vectors;
(9)
creates
a
fire
hazard;
or
(10)
preventive
or
corrective
action
by
the
Agency
has
been
reguested
by
a
unit
of
local
government.
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
unlesc:
(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.
(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
earh
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
0
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.
(1)
If
more
than
150,000
cubic
yards
of
non—hazardous
solid
waste
is
permanently
disposed
of
at
a
site
in
a
Public
Act
094—0272
5B0431
Enrolled
LR8094
09305
RSP
39545
b
calendar
year,
the
owner
or
operator
shall
either
pay
a
fee
of
10.1
cents
per
cubic
yard
or,
alternatively,
the
owner
or
operator
may
weigh
the
quantity
of
the
solid
waste
permanently
disposed
of
with
a
device
for
which
certification
has
been
obtained
under
the
Weights
and
Measures
Act
and
pay
a
fee
of
22
cents
per
ton
of
waste
permanently
disposed
of.
(2)
If
more
than
100,000
cubic
yards,
but
not
more
than
150,000
cubic
yards,
of
non—hazardous
waste
is
permanently
disposed
of
at
a
site
in
a
calendar
year,
the
owner
or
operator
shall
pay
a
fee
of
$7,020.
j3).
If
more
than
50,000
cubic
yards,
but
not
more
than
100,000
cubic
yards,
of
non—hazardous
solid
waste
is
permanently
disposed
of
at
a
site
in
a
calendar
year,
the
owner
or
operator
shall
pay
a
fee
of
$3,120.
(4)
If
more
than
10,000
cubic
yards,
but
not
more
than
50,000
cubic
yards,
of
non—hazardous
solid
waste
is
permanently
disposed
of
at
a
site
in
a
calendar
year,
the
owner
or
operator
shall
pay
a
fee
of
$975.
(5)
If
not
more
than
10,000
cubic
yards
of
non--hazardous
solid
waste
is
permanently
disposed
of
at
a
site
in
a
calendar
year,
the
owner
or
operator
shall
pay
a
fee
of
$210.
(c)
The
fee
under
subsection
(b)
shall
not
apply
to
any
of
the
following:
(1)
Hazardous
waste.
(2)
Pollution
control
waste.
(3)
Waste
from
recycling,
reclamation,
or
reuse
processes
that
have
been
approved
by
the
Agency
as
being
designed
to
remove
any
contaminant
from
wastes
so
as
to
render
the
wastes
reusable,
provided
that
the
process
renders
at
least
50
of
the
waste
reusable.
(4)
Non—hazardous
solid
waste
that
is
received
at
a
sanitary
landfill
and
composted
or
recycled
through
a
process
permitted
by
the
Agency.
(5)
Any
landfill
that
is
permitted
by
the
Agency
to
Public Act 094—0272
580431 Enrolled
LR8094 09305 ES? 39545 b
receive
only
demolition
or
construction
debris
or
landscape waste.
(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:
(-1)
Necessary
records
identifying
the
quantities
of
solid waste received or disposed.
(2)
The
form and submission of reports to accompany the
payment of fees to the Agency.
(3)
The
time
and
manner
of
payment
of
fees
to
the
Agency,
which
payments
shall
not
be
more
often
than
quarterly.
(4)
Procedures
setting
forth
criteria
establishing
when
an owner
or operator may measure by weight
or volume
during any given quarter or other fee payment period.
(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 0
Management
Fund shall
be used by
the Agency
to administer
the
United
States
Environmental
Protection
Agenoy’s
Subtitle
0
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
distflbute
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
Public Act 094—0272
SBO43I Enrolled
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the Agency
for
activities
conducted
under
Section
22.lSa
of
this Act.
Source:
P.A.
92—574,
eff. 6—26—02;
93—32,
eff. 7—1—03.)
(415 ItCS 5/22.50 new)
Sec.
22.50.
Compliance
with
land
use
limitations.
No
person shall
use,
or cause
or allow
the
use of,
an-, site
for
which a land use limitation has been in2~ei onder
this Act
in
a
manner
inconsistent
with
the
land
use
limitatoon
unless
further
investigation
or
renec.iai
action
nes
been
conducted
that
documents
the
attainment
of
rerodial
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 puroose
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_çp
dunier
this Act. For
the purposes of this
Section,
the term
“closure
letter” shall
include,
but
shall not be limited
to,
No Further Pemediation
Letters Issued under Titles XVI
and
XVII
of
this Act
and the
regulations adopted under those Titles.
(415 ILCS 5/22.51 new)
Sec.
22.51.
Clean
Construction
or
Demolotion
Debris
Fill
Operations.
(a)
No
person
shall
conduct
any
clean
construction
or
dcnolition
debris
fill
operation
in
violation of
this
Act
or
any regulations or standards adopted by the Board.
(b) (I)
(A)
Beginning
30 days
after
the
effective
date
of
this amendatory Act
of the
94th General
Assenlrly 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
the-i have aoolied for
an
interim
authorization
from
the
Agency
for
the
clean
construction or demolition debris fill operaticn.
(8)
The
Agency
shall
approve
an
interim
authorization
upon
Public Act 094—0272
5B0431 Enrolled
LRBO94 09305 RSP 39545 b
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,
Jiii)
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,
fpils
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 guarry, 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
Public Act 094—0272
5B0431 Enrolled
LRBO94 09305 ES? 39545 b
due
date established
by
the Agency
if the
owner or ooerator
received
a
written
notification
from
the
Agency
prior
to
October
1,
2007,
or
(ii)
or January
1,
2008,
if
the owner
or
operator did nor receive a written notification
frcr’
the Agency
~October
1,
2007.
(3)
On and after
July
1,
2008,
no person
shali
use
clean
construction or demolition debris as fill material
in a current
or
formor_q±arry, mine,
or other
excavation
without
acorroot
granted hy the Agency for the clean construction cr demolition
debris
till operation or in violation of any cond:t:ons
ln’Josea
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.
(4) This subsection
(b)
does not auply to:
(A)
the use of clean
construction or demolition
debris
as
fill
material
in a current or former guarry~j~ne, or
other
excavation
located
on
the
site
where
the
clean
construction or demolition debris was generated; or
(B)
the use of clean construction or demolition
debris
as
fill
material
in an excavation other
than a current
or
~~~eruarry
or mine
if this use
complies
with
Illincis
Department of Transportation specifications.
(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 regulaticnc
to cromote
the purposes of this Section.
(1)
No later
than December
15,
2005,
the Acency shall
propose to the Board, and no later than September
1,
2006,
the
Board
shall
adopt,
regulations
for
the
use of
clean
construction
or
demolition
debris
as
fill
material
in
current and former quarries,
mines, and other excavations.
Such
regulations
shall
include,
but
shall
not
be
limited
to,
standards
for
clean construction or demolition debris
fill
operations
and
the submission and review
of permits
Public Act 094—0272
5B0431 Enrolled
LRBO94 09305 ES? 39545 b
required under this Section.
(2)
Until
the
Board
adopts
rules
under
subsection
(c)
(I)
of
this
Section,
all
persons
using
clean
construction
or demolition
debris
as
fill
material
in
a
current or forner quarry, mine, or other excavation shall:
(A)
Assure
that
only
clean
construction
or
demolition
debris
is
being
used
as
fill
material by
screening
each truckload
of material
received
using
a
device
anproved
by
the
Agency
that
detects
volatile
organic
compounds.
Such
devices may
inciude,
bu
are
not
limited
to,
photo
ionization
detectors.
All
screening devices shall
be operated
and maintained
in
accordance
with
manufacturer’s
specifications.
unacceotable
fill material
shall
be rejected
from the
site; and
(B)
Retain for
a minimum of
3
years the
following
information:
ji)
The
name
of
the
hauler,
the
name
of
the
generator,
and place
of
origin
of
the
debris
or
soil;
(ii)
The
approximate
weight
or volume
of
the
-
-
debris or soil;
and
(iii)
The date the debris or soil was received.
(d)
This
Section
applies
only
to
clean
construction
or
demolition debris that
is not considered “waste’
as provided in
Section 3.160 of this Act.
(415 tLCS 5/22.52 new)
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
Public Act 094—0272
5B0131 Enrolled
LRBO94 09305 ES? 39545 b
construction or demolition debris fill ooeration:
(i)
the Governor of the State of Illinois;
(ii)
the Attorney General of the State of Illinois
~
the
Illinois
Environmental
Protection Agency;
(iv)
the
Chairman
of
the
Illinois
Pollution
Control
Board;
(v)
the
menbers
of
the
Illinois
Pollution
Control
Board;
(vi)
tne
staff
of
any
oerson
iisteo
~n
items
(i)
through
(v)
of
this
Section
who
makes
a
regulatory
or
licensing
decision
that
directly
applies
to
any
waste—disposal
operation
or
any
clean
construction
or
demolition
debris
fill
ooeration;
and
(vii)arelativaof
any
Rerson
~
th~pj~Jvi)
of
this
Seccion.
The
prohibitions
of
this
Section
shall
apply
during
the
person’s
term
of
State
employment
and
shall
continue
for
S
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
9-lth
General
Assembly.
For
the
purposes
of
this
Section:
-
(a)
The
terms
“direct
financial
interest”
and
“personal
financial
benefit”
do
not
include
the
owp~L~flio
of
publicly
traded
stock.
(b)
The
term
“relative”
means
father,
mother,
son,
daughtec,
brother,
sister,
uncle,
aunt,
husband,
wife,
father—in—law,
or
mother—in—law.
(415
ILCS
5/34)
(from
Ch.
111
1/2,
par.
1034)
Sec.
34.
(a)
Upon
a
finding
that
episode
or
emeigency
conditions
specified
in
Board
regulations
exist,
the
Agency
shall
declare
such
alerts
or
emergencies
as
provided
by
those
regulations.
While
such
an
alert
or
emergency
is
in
effect,
the
Public
Act
094—0272
5B0431
Enrolled
LRBO94
09305
ES?
39545
b
Agency
may
seal
any
equipment,
vehicle,
vessel,
aircraft,
or
other
facility
operated
in
violation
of
such
regulations.
(h)
In
o~-h-e-~- cases
other
than
those
identified
in
subsection
(a)
of
this
Section:
(1)
At
any
pollution
control
facility
where
in
which
the
Agency
finds
that
an
emergency
condition
exists
creating
an
immediate
danger
to
public
health
or
welfare
or
the
environment,
the
Agency
may
seal
any
equipment,
vehicle,
vessel,
aircraft,
or
other
facility
contributing
to
the
emergency
condition;_and-r
(2)
At
any
other
site
or
facility
where
the
Agency
finds
that
an
imminent
and
substantial
endangerment
to
the
public
health
or
welfare
or
the
environment
exists,
the
~g~ncy
may
seal
any
equipment,
vehicle,
vessel,
aircr~ç~
or
other
facility
contributing
to
the
imminent
and
substantial
endangerment.
(c)
It
shall
be
a
Class
A
misdemeanor
to
break
any
seal
affixed
under
this
section,
or
to
operate
any
sealed
equipment,
vehicle,
vessel,
aircraft,
or
other
facility
until
the
seal
is
removed
according
to
law.
(d)
Tee
owner
or
operator
of
any
equipment,
vehicle,
vessel,
aircraft
or
other
facility
sealed
pursuant
to
this
section
is
entitled
to
a
hearing
in
accord
with
Section
32
of
this
Act
to
determine
whether
the
seal
should
be
removed;
except
that
in
such
hearing
at
least
one
Board
member
shall
be
present,
and
those
Board
members
present
may
render
a
final
decision
without
regard
to
the
requirements
of
paragraph
(a)
of
Section
S
of
this
Act.
The
petitioner
may
also
seek
immediate
injunctive
relief.
(Source:
?.A.
77—2830.)
(415
ILCS
5/39)
(from
Ch.
111
1/2,
par.
1039)
Sec.
39.
Issuance
of
permits;
procedures.
(a)
When
the
Board
has
by
regulation
required
a
permit
for
the
construction,
installation,
or
operation
of
any
type
of
facility,
equipment,
vehicle,
vessel,
or
aircraft,
the
Public
Act
094—0272
S3043l
Enrolled
LRBO94
09305
ES?
39545
b
applicant
shall
apply
to
the
Agency
for
such
permit
and
it
shall
be
the
duty
of
the
Agency
to
issue
such
a
permit
upon
proof
by
the
applicant
that
the
facility,
equipment,
vehicle,
vesseU,
or
aircraft
will
not
cause
a
violation
of
this
Act
or
of
regulations
hereunder.
The
Agency
shall
adopt
such
procedures
as
are
necessary
to
carry
out
its
duties
under
this
Section.
rn
making
its
determinations
on
permit
applications
under
this
Section
the
Agency
may
consider
prior
adjudications
of
noncompliance
with
this
Act
by
the
applicant
that
involved
a
release
of
a
contaminant
into
the
environment.
In
granting
permits,
the
Agency
may
impose
reasonable
conditions
specifically
related
to
the
applicant’s
past
compliance
history
with
this
Act
as
necessary
to
correct,
detect,
or
prevent
noncompliance.
The
Agency
may
impose
such
other
conditions
as
may
be
necessary
to
accomplish
the
purposes
of
this
Act,
and
as
are
not
inconsistent
with
the
regulations
promulgated
by
the
Board
hereunder.
Except
as
otherwise
provided
in
this
Act,
a
bond
or
other
security
shall
not
be
required
as
a
condition
for
the
issuance
of
a
permit.
If
the
Agency
denies
any
permit
under
this
Section,
the
Agency
shall
transmit
to
the
applicant
within
the
time
limitations
of
this
Section
specific,
detailed
statements
as
to
the
reasons
the
permit
appiication
was
denied.
Such
statements
shall
include,
but
not
be
limited
to
the
following:
(i)
the
Sections
of
this
Act
which
nay
be
violated
if
the
permit
were
granted;
(ii)
the
provision
of
the
regulations,
promulgated
under
this
Act,
which
may
be
violated
if
the
permit
were
granted;
(iii)
the
specific
type
of
information,
if
any,
which
the
Agency
deems
the
applicant
did
not
provide
the
Agency;
and
-
(iv)
a
statement
of
specific
reasons
why
the
Act
and
the
regulations
might
not
be
met
if
the
permit
were
granted.
If
there
is
no
final
action
by
the
Agency
within
90
days
Public Act 094—0272
SB043l Enrolled
LEBO94 09305 RS? 39545 b
after
the
filing of
the application
for permit,
the applicant
may deem the permit issued; except that this
time period shall
be
extended
to
180
days when
(1)
notice
and opportunity
for
public
hearing
are
required
by
State
or
federal
law
or
regulation,
(2)
the
application
which
was
filed
is
for
any
permit
to develop
a landfill
subject
to
issuance
pursuant
to
this subsection,
or
(3)
the application that was filed
is
for
a
MSWLF unit required to issue public notice under
subsection
(p)
of
Section
39.
The
90—day
and
1BO—day
time
periods
for
the
Agency
to
take
final
action
do
not
apply
to
NPOES
permit
applications
under
subsection
(b)
of
this
Section,
to
ECRA
permit applications under subsection
(d)
of this Section, or to
UIC permit applications under subsection
(e) of this Section.
The
Agency
shall
publish
notice
of
all
fina(
permit
determinations
for development permits for MSWLF units and
for
significant
permit
modifications
for
lateral
expansions
for
existing
MSWLF
units
one
time
in
a
newspaper
of
general
circulation in
the county
in which
the unit
is
or
is proposed
to be located.
After
January
1,
1994
and
until
July
1,
1998,
operating
perrr its issued under this
Section by the Agency
for sources of
air pofluticn permitted to emit
less than 25
tons per
year
of
any
combination
of
regulated
air
pollutants,
as
defined
in
Section 39.5 of this Act,
shall be required tb be renewed only
upon written
request by the Agency consistent
with applicable
provisions
of
this Act and regulations promulgated hereunder.
such operating permits shall
expire 180
days
after the date
of
such a request.
The Board shall
revise its regulations for the
existing
State
air
pollution
operating
permit
program
consistent with this provision by January
1,
1994.
After
June
30,
1998,
operating
permits
issued under
this
Section by the Agency for sources of air pollution that are not
subject
to
Section
39.5 of this
Act and
are
not
required
to
have
a federally enforceable
State
operating permit shall
be
required to be renewed only upon written request by the Agency
consistent
with
applicable
provisions
of
this
Act
and
its
Public Act 094—0272
550431 Enrolled
LR6094 09305 RSP 39545 b
rules.
Such operating permits
shall
expire 180
days after
the
date
of
such
a request.
Before July
1,
1998,
the Board
shall
revise
its rules
for the existing State air pollution operating
permit program
consistent
with
this paragraph
and shall
adopt
rules
that
require
a source to demonstrate
that
it qualifies
for a permit under this paragraph.
(b)
The Agency may
issue
N?DES
permits exclusively
under
this
nuhsection
for
the discharge of contaminants
from
point
sources
into navigable
waters,
all
as defined
in
the Federal
Water
Pollution
Control
Act,
as
now
or
hereafter
amended,
within the jurisdiction of the State,
or into any well.
All NPDES permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which may
be required
to accomplish
the purposes
and provisions
of
this
Act.
The Agency may issue general
N?DES permits
for discharges
from categories of point
sources which are subject to the same
permit limitations and conditions.
Such general permits may he
issued
without
individual
applications
and
shall
conform
to
regulations promulgated under Section 402 of the Federal Water
Pollution Control Act,
as now or hereafter amended.
Thd Agency
may
include,
among
such
conditions,
effluent
limitations and other requirements established under this Act,
Board
regulations,
the Federal Water
Pollution Control Act,
as
now or hereafter amended,
and regulations pursuant thereto,
and
schedules
for
achieving
compliance
therewith
at
the earliest
reasonable date.
The
Agency shall
adopt
filing requirements
and procedures
which
are necessary and appropriate for
the issuance of NPDES
permits,
and which
are consistent with
the Act
or regulations
adopted
by
the
Board,
and
with
the
Federal
Water
Pollution
Control
Act,
as
now
or
hereafter
amended,
and
regulations
pursuant theLeto.
The
Agency,
subject
to
any
conditions
which
may
be
prescribed
by Board
regulations,
may
issue
N?DES
permits
to
allow discharges beyond deadlines established by this Act or by
Public
Act
094—0272
550431
Enrolled
LRBO94
09305
ESP
39545
b
regulations
of
the
Board
without
the
requirement
of
a
variance,
subject
to
the
Federal
Water
Pollution
Control
Act,
as
now
or
hereafter
amended,
and
regulations
pursuant
thereto.
(c)
Except
for
those
facilities
owned
or
operated
by
sanitary
districts
organized
under
the
Metropolitan
Water
Reclamation
District
Act,
no
permit
for
the
development
or
construction
of
a
new
pollution
control
facility
may
be
granted
by
the
Agency
unless
the
applicant
submits
proof
to
the
Agency
that
the
location
of
the
facility
has
been
approved
by
the
County
Board
of
the
county
if
in
an
unincorporated
area,
or
the
governing
body
of
the
municipality
when
in
an
incorporated
area,
in
which
the
facility
is
to
be
located
in
accordance
with
Section
39.2
of
this
Act.
In
the
event
that
siting
approval
granted
pursuant
to
Section
39.2
has
been
transferred
to
a
subsequent
owner
or
operator,
that
subsequent
owner
or
operator
may
apply
to
the
Agency
for,
and
the
Agency
may
grant,
a
development
or
construction
permit
for
the
facility
for
which
local
siting
approval
was
granted.
Upon
application
to
the
Agency
for
a
development
or
construction
permit
by
that
subsequent
owner
or
operator,
the
permit
applicant
shall
cause
written
notice
of
the
permit
application
to
be
served
upon
the
appropriate
county
board
or
governing
body
of
the
municipality
that
granted
siting
approval
for
that
facility
and
upon
any
party
to
the
siting
proceeding
pursuant
to
which
siting
approval
was
granted.
In
that
event,
the
Agency
shall
conduct
an
evaluation
of
the
subsequent
owner
or
operator’s
prior
experience
in
waste
management
operations
in
the
manner
conducted
under
subsection
(i)
of
Section
39
of
this
Act.
Beginning
August
20,
1993,
if
the
pollution
control
facility
consists
of
a
hazardous
or
solid
waste
disposal
facility
for
which
the
proposed
site
is
located
in
am
unincorporated
area
of
a
county
with
a
population
of
less
than
100,000
and
includes
all
or
a
portion
of
a
parcel
of
land
that
was,
on
April
1,
1993,
adjacent
to
a
municipality
having
a
population
of
less
than
5,000,
then
the
local
siting
review
Public
Act
094—0272
5B0431
Enrolled
LEBO94
09305
ES?
39545
b
required
under
this
subsection
(c)
in
conjunction
with
any
permit
applied
for
after
that
date
shall
be
performed
by
the
governing
body
of
that
adjacent
municipality
rather
than
the
county
board
of
the
county
in
which
the
proposed
site
is
located;
and
for
the
purposes
of
that
local
siting
review,
any
references
in
this
Act
to
the
county
board
shall
be
deemed
to
mean
the
governing
body
of
that
adjacent
municipality;
provided,
however,
that
the
provisions
of
this
paragraph
shall
not
apply
to
any
proposed
site
which
was,
on
April
1,
1993,
owned
in
-,,hole
or
~n
part
by
another
niunicipality.
In
the
case
of
a
pollution
control
facility
for
which
a
development
permit
was
issued
before
November
12,
1981,
if
an
operating
permit
has
not
been
issued
by
the
Agency
prior
to
August
31,
1989
for
any
portion
of
the
facility,
then
the
Agency
may
not
issue
or
renew
any
development
permit
nor
issue
an
original
operating
permit
for
any
portion
of
such
facility
unless
the
applicant
has
submitted
proof
to
the
Agency
that
the
location
of
the
facility
has
been
approved
by
the
appropriate
county
board
or
municipal
governing
body
pursuant
to
Section
39.2
of
this
Act.
After
January
1,
1994,
if
a
solid
waste
disposal
facility,
any
pottion
for
which
an
operating
permit
has
been
issued
by
the
Agency,
has
not
accepted
waste
disposai
for
5
or
more
consecutive
calendars
years,
before
that
facility
may
accept
any
new
or
additional
waste
for
disposal,
the
owner
and
operator
must
obtain
a
new
operating
permit
under
this
Act
for
that
facility
unless
the
owner
and
operator
have
applied
to
the
Agency
for
a
permit
authorizing
the
temporary
suspension
of
-
waste
acceptance.
The
Agency
may
not
issue
a
new
operation
permit
under
this
Act
for
the
facility
unless
the
applicant
has
submitted
proof
to
the
Agency
that
the
location
of
the
facility
has
been
approved
or
re-approved
by
the
appropriate
county
board
or
municipal
governing
body
under
Section
39.2
of
this
Act
after
the
facility
ceased
accepting
waste.
Except
for
those
facilities
owned
or
operated
by
sanitary
districts
organized
under
the
Metropolitan
Water
Eeclamation
Public
Act
094—0272
SBO431
Enrolled
LEBO94
09305
ES?
39545
b
District
Act,
and
except
for
new
pollution
control
facilities
governed
by
Section
39.2,
and
except
for
fossil
fuel
mining
facilities,
the
granting
of
a
permit
under
this
Art
shall
not
re’ieve
the
applicant
from
meeting
and
securing
all
necessary
zoning
approvals
from
the
unit
of
government
having
zoning
jurisdiction
over
the
proposed
facility.
Before
beginning
construction
on
any
new
sewage
treatment
plant
or
sludge
drying
site
to
be
owned
or
operated
by
a
sanitary
district
organized
under
the
Metropolitan
Water
Reclamation
District
Act
for
which
a
new
permit
(rather
than
the
renewal
or
amendment
of
an
existing
permit)
is
required,
such
sanitary
district
shall
hold
a
public
hearing
within
the
municipality
within
which
the
proposed
facility
is
to
be
located,
or
within
the
nearest
community
if
the-
proposed
facility
is
to
be
located
within
an
unincorporated
area,
at
which
information
concerning
the
proposed
facility
shall
be
made
available
to
the
public,
and
members
of
the
public
shall
be
given
the
opportunity
to
express
their
views
concerning
the
proposed
facility.
The
Agency
may
issue
a
permit
for
a
municipal
waste
transfer
station
without
requiring
approval
pursuant
to
Sectioh
39~2 provided
that
the
following
demonstration
is
made:
(1)
the
municipal
waste
transfer
station
was
in
existence
on
or
before
January
1,
1979
and
was
in
continuous
operation
from
January
1,
1979
to
January
1,
1993;
(2)
the
operator
submitted
a
permit
application
to
the
Agency
to
develop
and
operate
the
municipal
waste
transfer
station
during
April
of
1994;
(3)
the
operator
can
demonstrate
that
the
county
board
of
the
county,
if
the
municipal
waste
transfer
station
is
in
an
unincorporated
area,
or
the
governing
body
of
the
municipality,
if
the
station
is
in
an
incorporated
area,
does
not
object
to
resumption
of
the
operation
of
the
station;
and
(4)
the
site
has
local
zoning
approval.
Public Act 094—0272
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(d)
The
Agency may
issue
ECRA
permits
exclusively
under
this
subsection
to persons owning or operating
a
facility
for
the
treatment,
storage,
or
disposal
of
hazardous
waste
as
defined under this Act.
All
RCRA permits shall
contain those terms and conditions,
including but not limited to schedules of compliance,
which nay
be required
to accomplish
the purposes
and provisions
of
this
Act. The Agency may include among such conditions standards and
other
requirements
established
under
this
Act,
Board
regulations,
tue Resource Conservation and Recovery Act of 1976
(Pt.
94—580),
as amended,
and regulations pursuant
thereto,
and may include schedules for achieving compliance therewith
as
soon
as
possible.
The Agency
shall
require that
a performance
bond
or
other
security
be
provided
as
a
condition
for
the
issuance of a ECRA permit.
In the case of
a permit to operate a hazardous waste or PCB
incinerator
as defined
in
subsection
(k)
of Section
44,
the
Agency
shall
require,
as
a condition
of
the permit,
that
the
operator of the facility perform such analyses of the waste to
be incinerated
as
may be necessary
and appropriate
to ensure
the
safe
operation
of
the
incinerator.
Thd Agency shall
adopt
filing requirements
and procedures
which
are necessary
and appropriate
for
the
issuance
of RCRA
permits,
and which
are consistent with the Act or regulations
adopted
by
the
Board,
and
with
the Eesource Conservation and
Recovery Act of
1976
(P.t.
94—580),
as amended,
and regulations
pursuant thereto.
The
applicant
shall
make
available
to
the
public
for
inspection
all
documents
submitted
by
the
applicant
to
the
Agency in furtherance
of an application, with the exception of
trade
secrets,
at
the office of the county board or governing
body
of
the municipality.
Such documents
may
be
copied upon
payment
of
the
actual
cost
of
reproduction
during
regular
business
hours
of
the
local
office. The Agency shall
issue
a
written
statement
concurrent with
its
grant
or denial of
the
permit explaining the basis for its decision.
Public Act 094—0272
SBO431 Enrolled
LR3094 09305 ESP 39545 b
(e) The Agency may issue UIC permits exclusively under this
subsection
to persons owning
or
operating
a
facility
for
the
underground
injection
of
contaminants
as
defined
under
this
Act.
All UIC permits
shall contain
those
terms
and conditions,
including but not limited to schedules of compliance, which may
be
required
to
accomplish
the
purposes
and
provisions
of
this
Act. The Agency may includo among such conditions standards and
other
requirements
established
under
this
Act,
Board
regulations,
the
Safe
Drinking
Water
Act
(P.L.
93—523),
as
amended,
and
regulations
pursuant
thereto,
and
may
include
schedules for achieving compliance
therewith.
The Agency shall
require that a performance bond or other
security be provided
as a condition for the issuance of
a DIC permit.
The Agency shall
adopt
filing requirements and procedures
which
are necessary
and
appropriate
for
the
issuance of
UIC
permits,
and which
are consistent
with
the Act
or regulations
adopted by
the
Board,
and
with
the
Safe
Drinking Water
Act
(P.L.
93—523),
as amended, and regulations pursuant thereto.
The
applicant
shall
make
available
to
the
public
for
inspection,
all
documents
submitted
by
the
applicant
to
the
Agency in furtherance of an application,
with
the exception
of
trade
secrets,
at
the office
of
the county board or governing
body
of
the municipality.
Such documents
may be copied
upon
payment
of
the
actual
cost
of
reproduction
during
regular
business
hours
of
the
local
office.
The Agency
shall
issue
a
written statement
concurrent
with
its grant
or denial
of
the
permit explaining the basis for its decision.
(f)
In making any determination pursuant to Section 9.1 of
this Act:
(1)
The
Agency
shall
have
authority
to
make
the
determination of any question required
to be determined by
the Clean Air Act,
as
now or hereafter
amended,
this Act,
or
the
regulations
of
the
Board,
including
the
determination
of
the
Lowest
Achievable
Emission
Rate,
Maximum Achievable
Control
Technology,
or
Best Available
Public Act 094—0272
SB0431 Enrolled
LEBO94 09305 RSP 39545 b
Control
Technology,
consistent
with
the
Boards
regulations,
if any.
(2)
The
Agency
shall,
after
conferring
with
the
applicant,
give
written
notice
to
the
applicant
of
its
proposed decision
on
the
application
including
the
terms
and conditions
of
the
permit
to
be
issued and
the
facts,
conduct
or other basis
upon
which
the Agency will
rely
to
support its proposed action.
(3)
Following
such
notice,
the Agency
shall
give
the
applicant
an opportunity
for
a hearing
in
accordance
with
the
provisions
of
Sections
10—25
through
10—60
of
the
Illinois Administrative Procedure Act.
(g)
The Agency shall
include as conditions upon all permits
issued
for
hazardous
waste
disposal
sites
such
restrictions
upon the future use of such
sites
as
are reasonably necessary
to
protect
public
health
and
the
environment,
including
permanent
prohibition
of
the
use
of
such
sites
for purposes
which may create an unreasonable risk of injury to human health
or
to
the
environment.
After
administrative
and
judicial
challenges to such restrictions have been exhausted,
the Agency
shall
file
such
restrictions
of
record
in
the
Office
of
the
Recorder
of
the
county
in whirh
the hazardous
waste
disposal
site is located.
(h)
A hazardous
waste
stream may
not
be
deposited
in
a
permitted
hazardous
waste
site
unLess
specific
authorization
is obtained
from the Agency by the generator and disposal site
owner and operator
for the
deposit
of
that specific
hazardous
waste stream.
The Agency may
grant
specific authorization
for
disposal
of hazardous
waste
streams only
after
the generator
has
reasonably
demonstrated
that,
considering
technological
feasibility and economic
reasonableness,
the hazardous
waste
cannot be
reasonably
recycled
for
reuse,
nor
incinerated
or
chemically,
physically
or
biologically
treated
so
as
to
neutralize the hazardous
waste and render
it nonhazardous.
In
granting
authorization
under
this
Section,
the
Agency
may
impose such
conditions as may
be necessary
to accomplish
the
Public Act 094—0272
5B0431 Enrolled
LRBO94 09305 ESP 39545 b
purposes
of
the
Act
and
are
consistent
with
this
Act
and
regulations promulgated by the Board hereunder.
If
the Agency
refuses
to
grant
authorizatiom
under
this
Section,
the
applicant
nay
appeal
as
if
the
Agency
refused
to
grant
a
permit, pursuant to the provisions
of subsection
(a)
of Section
40
of this
Act.
For purposes of this
subsection
(h),
the
term
‘generator’ has the meaning given in Section 3.205 of this Act,
unless:
(1)
the
hazardous
waste
is
treated,
incinerated,
or
partially
recycled
for
reuse prior
to disposal,
in which
case
the
last persun who
treats,
incinerates, or partially
recycles
the hazardous waste prior
to disposal
is the generator;
or
(2)
the hazardous
waste
is from
a response
action,
in which
case
the
person
performing
the
response
action
is
the
generator.
This subsection
(h)
does not apply
to any hazardous waste
that
is restricted from land disposal under
35 111.
Adjo. Code
728.
(i)
Before
issuing
any ECRA permit~ee
any pe~mit for
a
waste
storage
site,
sanitary
landfill,
waste
disposal
site,
waste
transfer
station,
waste
treatment
facility,
waste
incinerator,
or
any
waste-transportation
operation,
or
any
permit
for
a
clean
construction
or
demolition
debris
fill
operation,
toe
Agency
shall
conduct
an
evaluation
of
the
prospedtivg
ownec’s
or
operator’s
prior
experience
in waste
management operations.
The Agency may deny such a permit if the
prospective owner or operator or any employee-or officer
of the
prospective owner or operator has a history of:
(1)
repeated
violations
of
federal,
State,
or
local
laws,
regulations,
standards,
or
ordinances
in
the
operation of waste management
facilities or sites; or
(2)
conviction
in
this
or another
State
of any
crime
which
is
a
felony
under
the
laws
of
this
State,
or
conviction of a felony in
a federal court;
or
(3)
proof
of
gross
carelessness
or
incompetence
in
handling,
storing,
processing,
transporting
or
disposing
of waste.
(i-5)
Before issuing any permit or approving
any interim
authorization
for
a
clean
construction
or
demolition
debris
Public Act 094—0272
SB0431 Enrolled
LE8094 09305 ES? 39545 b
fill operation
in which any ownership
interest
is transferred
between
January
1,
2005,
and
the
effective
date
of
the
prohibition set
forth in Section 22.52
of this
Act,
the Agency
shaLl
conduct
an
evaluation of
the operation
if any previous
activities
at
the
site
or facility may have caused or allowed
contamination
of
the
site.
It
shall
be
the responsibility
of
the
owner
or
operator
seekin~
the
permit
or
interim
authorization
tc provide
to
the Agency
all of
the information
necessary
for the Agency to conduct
its evaluation.
The Agency
may
deny
a
permit
or
interim
authorization
if
previous
~
allowed contamination
at the site,
unless
such contamination is authorized under
any
permit issued by the Agency.
(j)
The
issuance
under
this
Act
of
a permit to engage
in
the
surface
mining
of any
resources
other
than
fossil
fuels
shall
not
relieve
the permittee
from its duty
to comply with
any applicable local law regulating the commencement,
location
or operation of surface mining facilities.
(k)
A
development
permit
issued
under
subsection
(a)
of
Section 39
for any facility or site which
is required to have a
permit under
subsection
(d)
of Section 21 shall
expire at
the
end of
2 calendar years
from the date upon which it was issued,
unless
within
that period
the applicant
has
taken
action
to
develop
the
facility or
the
site.
In
the event
that review of
the conditions of
the development permit is sought pursuant
to
Section
40
or
41,
or permittee
is
prevented
from
commencing
develcpmont
of
the
facility
or
site by any other
litigation
beyond the permittee’s control,
such
two—year period shall
be
deemed to begin on
the date
upon which
such review process
or
litigation is concluded.
(1)
No permit shall be issued by the Agency under
this Act
for construction or operation
of any facility or site
located
within the boundaries of any setback zone established pursuant
to
this
Act,
where
such
construction
or
operation
is
prohibited.
(m)
The
Agency
may
issue
permits
to
persons
owning
or
Public Act 094—0272
SBO431 Enrolled
LRBO94 09305 ESP 39545 b
operating
a
facility
for
composting
landscape
waste.
In
granting such permits,
the Agency may impose such conditions
as
may be necessary
to accomplish
the purposes of this Act,
and
as
are
not
inconsistent
with
applicable
regulations promulgated
by the Board. Except
as otherwise provided
in
this Act,
a bond
or other
security shall
not
be required as a condition
for
the
issuance of a permit.
If the Agency denies any permit pursuant
to this subsection,
the Agency shall
transmit
to
the applicant
within
the
time
limitations
of
this
subsection
specific,
detailed
statements
as
to
the
reasons
the permit application
was denied. Such statements
shall include but not be limited to
the following:
(1)
the Sections
of this
Act
that
may be violated
if
the permit were granted;
(2)
the
specific
regulations
promulgated
pursuant
to
this Act that may be violated if the permit were granted;
(3)
the specific information,
if any,
the Agency deems
the
applicant
did
not
provide
in
its application
to
the
Agency; and
(4)
a statement of specific reasons why the Act and the
regulations might be violated if the permit were granted.
If
no
final
action
is
taken
by
the Agency within
90 days
after
the filing of
the application
for permit,
the applicant
may
deem
the
permit
issued.
Any
applicant
for
a
permit
may
waive the
90 day limitation by filing a written statement with
the Agency.
The
Agency
shall
issue
permits
for
such
focilities
upon
receipt of an application that
includes a legal description of
the site,
a topographic map of
the
site drawn
to
the
scale
of
200 feet to the inch or larger,
a description of the operation,
including
the
area
served,
an
estimate
of
the
volume
of
materials to be processed,
and documentation that:
(1)
the
facility
includes
a
setback
of
at
least
200
feet
from the nearest potable water supply well;
(2)
the facility is located outside the boundary of the
10-year floodplain or the site will be floodproofed;
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(3)
the
facility
is
located
so
as
to
minimize
incompatibility
with
the
character
of
the
surrounding
area,
including
at
least
a
200
foot
setback
from
any
residence,
and in the case ot
a
facility that
is developed
or the permitted cornposting area of which is expanded after
November
17,
1991,
the compostiog area
is located at
least
1/8 mile from the nearest residence
(other than a residence
located on the same property as the facility);
(4)
the design of the facility will prevent any compost
material
from
being
placed
wiLhin
5
feet
of
the
water
table,
will
adequately
control
runoff from
the
site,
and
will
cpllect and manage any ieachate that
is generated on
the site;
(5)
the
operation
of
the
facility
wiii
include
appropriate dust and odor control measures,
imitations
on
operating
hours,
appropriate
noise
control
measures
for
shredding,
chipping
and
similar
equipment,
management
procedures
for
composting,
containment
and
disposal
of
non-compostable
wastes,
procedures
to
be
used
for
terminating
operations
at
the
site,
and
recordkeeping
sufficient
to document
the amount
of materiais
received,
composted and otherwise disposed of; and
-
(6)
the operation will be conducted in accordance with
any applicable rules adopted by the Board.
The Agency shall issue renewable permits of not longer than
10 years in duration for the composting of landscape wastes,
as
defined
in
Section
3.155
of
this
Act,
based
on
the
above
requirements.
The
operator
of
any
facility
permitted
under
this
subsection
(m)
must submit
a written annual
statement
to
the
Agency
on
or
before April
1
of
each
year
that
includes
an
estimate
àf
the
amount
of
material,
in
tons,
received
for
composting.
In)
The
Agency
shall
issue
permits
jointly
with
the
Department
of
Transportation
for
the
dredging
or
deposit
of
material in Lake Michigan in accordance with Section
18 of the
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Eivers, Lakes, and Streams Act.
(0)
(Blank.)
(p)
(1)
Any person submitting
an application
for
a permit
for
a
new
MSNL.P
unit
or
for
a
lateral
expansion
under
subsection
It)
of Section
21
of this Act for an existing MSWLF
unit that
has
not received
and
is
not subject
to local
siting
approval under Section
39.2 of this Act shall publish notice of
the application
in
a newspaper
of general
circulation
in
the
county in which the MSI’JLF unit is or
is proposed
to be located.
The notice must be published
at ieast
15 days before submission
of the permit application to the Agency.
The notice shall state
the
name
arid
address
of
the
applicant,
the
location
of
the
MSWLF unit
or proposed MSWLF unit,
the nature and
size of
the
MSWLF unit or proposed MSWLF
unit,
the nature of
the activity
proposed,
the probable
life of
the proposed activity,
the date
the permit application will be submitted,
and a statement that
persons nay
file written
comments with
the Agency concerning
the permit application within
30 days after
the filing of the
permit application unless the time period to submit comments is
extended by the Agency.
When
a permit applicant
submits information
to the Agency
to
supplement
a
permit
application
being
reviewed
by
the
Agency,
the
applicant
shall
not
be
required
to
reissue
the
notice under this subsection.
-
(2)
The Agency shah
accept written comments concerning
the
permit application
that
are
postmarked
no later
than
30 days
after
the
filing
of
the
permit
npplication,
unless
the
time
period to accept comments
is extended by the Agency.
(3)
Each
applicant
for
a permit described
in part
(1)
of
this
subsection
shall
file
a copy
of
the permit application
with the county board or governing body of the municipality in
which
the MSWLF
unit
is
or
is proposed
to be
located
at
the
same
time
the
application
is
submitted
to
the
Agency.
The
permit
application
filed
with
the
county board
or
governing
body of the municipality shall
include all documents submitted
to
or
to be submitted
to
the
Agency,
except trade
secrets
as
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determined
under
Section
7.1
of
this
Act.
The
permit
application and other
documents
on file
with
the county board
or governing
body of
the municipality
shall
be made available
for
public
inspection
during
regular
business
hours
at
the
office
of
the
county
board
or
the
governing
body
of
the
municipality and may be copied upon payment of the actual cost
of reproduction.
(Source: PA. 92~574,eff.
6—26-02;
93—575, eff.
1—1—04.)
(415 ILOS 5/42i
(from Ch.
111
1/2, par.
1042)
Sec.
42. Civil penalties.
(a)
Except as
provided
in
this
Section,
any person
that
violates any provision of this Act or any regulation adopted by
the Board,
or any permit or term or condition thereof,
or that
violates any order of the Board pursuant
to this Act,
shall be
liable
for
a civil
penalty of
not
to exceed $50,000
for the
violation
and
an
additional
civil
penalty
of
not
to
exceed
$10,000 for each day during which the violation continues;
such
penalties
may,
upon order of the Board or a court of competent
jurisdiction,
be made payable
to
the Environmental
Protection
Trust
Fund,
to be used in accordance with the provisions
of the
Enviropmental Protection Trust Fund Act.
(b)
Notwithstanding
the
provisions
of
subsection
(a)
of
this Section:
-
(1)
Any person that violates Section
12(f)
of this Act
or any NPDES
permit or term or condition
thereof,
or any
filing
requirement,
regulation
or
order
relating
to
the
NPDES permit program,
shall be liable to a civil penalty of
not
to exceed $10,000 per day of violation.
(2)
Any person that violates Section 12(g)
of this Act
or
any
UIC
permit
or
term
or condition
thereof,
or
any
filing
requirement,
regulation
or
order
relating
to
the
State
UIC program
for all
c~elis, except
Class
II wells as
defined by
the Board under this Act,
shall be liable to a
civil
penalty not
to exceed $2,500 per day of violation;
provided,
however,
that
any
person
who
commits
such
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violations
relating to
the
State UIC program for
Class
II
wells,
as
defined by
the
Board
under
this
Act,
shall
be
liable to a civil
penalty of
not
to exceed $10,000
for the
violation and an additional
civil penalty of
not
to exceed
$1,000 for each day during which the violation continues.
(3)
Any
person
that
violates
Sections
21(f)
,
21 (ci
21(h)
or 21(i)
of
this Act,
or any ECRA permit or
terr.
or
condition
thereof,
or
any
filing
requirement,
regula::on
or
order
relating
to
the
State
RCRA
program,
shah
be
-
liable
to
a
civil
penalty
of
not
to
exceed
$25,000
per
o~y
of
violation.
(4)
In
an
administrative
citation
action
under
Sectuon
31.1
of
this
Act,
any
person
found
to
have
violated
any
provision
of
subsection
(o)
of
Section
21
of
this
Act
shell
pay
a
civil
penalty
of
$500
for
each
violation
of
each
such
provision,
plus
any
hearing
costs
incurred
by
the
Board
and
the
Agency.
Such
penalties
shall
be
made
payable
to
ode
Environmental
Protection
Trust
Fund,
to
be
used
on
accordance
with
the
provisions
of
the
Environmental
Protection
Trust
Fund
Act;
except
that
if
a
unit
of
local
government
issued
the
administrative
citation,
50
of
one
cicil
penalty
shall
be
payable
to
the
unit
of
local
government.
(4—5)
In
an
administrative
citation
action
under
Section
31.1
of
this
Act,
any
person
found
to
have
violaorci
any
provision
of
subsection
(p)
of
Section
21
of
this
~ot
shall
pay
a
civil
penalty
of
$1,500
for
each
violation
each
such
provision,
plus
any
hearing
costs
incurred
by
me
Board
and
the
Agency,
except
that
the
civil
penalty
amount
shall
be
$3,000
for
each
violation
of
any
provision
of
subsection
(p)
of
Section
21
that
is
the
person’s
second
rr
subsequent
adjudication
violation
of
that
provision.
Ins
penalties
shall
be
deposited
into
the
Environmental
Protection
Trust
Fund,
to
be
used
in
accordance
with
the
provisions
of
the
Environmental
Protection
Trust
Fund
Act;
except
that
if
a
unit
of
local
government
issued
the
Public
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administrative
citation,
50
of
the
civil
penalty
shall
be
payable
to
the
unit
of
local
government.
(5)
Any
person
who
violates
subsection
6
of
Section
39.5
of
this
Art
or
any
CAAPP
permit,
or
term
or
condition
thereof,
or
any
fee
or
filing
requirement,
or
any
duty
to
allow
or
carry
out
inspection,
entry
Or
monitoring
activities,
or
any
regulation
or
order
relating
to
the
CAAPP
shall
be
liable
for
a
civil
penalty
not
to
exceed
$10,000
per
day
of
violation.
lb.5)
In
lieu
of
the
penalties
set
forth
in
subsections
(a)
and
(b)
of
this
Section,
any
person
who
fails
to
file,
in
a
timely
manner,
toxic
chemical
release
forms
with
the
Agency
pursuant
to
Section
25b—2
of
this
Act
shall
be
liable
for
a
civil
penalty
of
$100
per
day
for
each
day
the
forms
are
late,
not
to
exceed
a
maximum
total
penalty
of
$6,000.
This
daily
penalty
shall
begin
accruing
on
the
thirty—first
day
after
the
date
that
the
person
receives
the
warning
notice
issued
by
the
Agency
pursuant
to
Section
25b—6
of
this
Act;
and
the
penalty
shall
be
paid
to
the
Agency.
The
daily
accrual
of
penalties
shall
cease
as
of
January
1
of
the
following
year.
All
penalties
collected
by
the
Agency
pursuant
to
this
subsection
shall
be
deposited
into
the
Environmental
Protection
Permit
and
Inspection
Fund.
Ic)
Any
person
that
violates
this
Act,
any
rule
or
regulation
adopted
under
this
Act,
any
permit
or
term
or
condition
of
a
permit,
or
any
Board
order
and
causes
the
death
of
fish
or
aquatic
life
shall,
in
addition
to
the
other
penalties
provided
by
this
Act,
be
liable
to
pay
to
the
State
an
additional
sum
for
the
reasonable
value
of
the
fish
or
aquatic
life
destroyed.
Any
money
so
recovered
shall
be
placed
in
the
Wildlife
and
Fish
Fund
in
the
State
Treasury.
(d)
The
penalties
provided
for
in
this
Section
may
be
recovered
it,
a
civil
action.
-
(e)
The
State’s
Attorney
of
the
county
in
which
the
violation
occurred,
or
the
Attorney
General,
may,
at
the
request
of
the
Agency
or
on
his
own
motion,
institute
a
civil
Public
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094—0272
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39545
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action
for
an
injunction,
prohibitory
or
mandatory,
to
restrain
violations
of
this
Act,
any
rule
or
regulation
adopted
under
this
Act,
any permit
or term or condition
of
a permit,
or any
Board
order,
or
to
require
such
other
actions
as
may
be
necessary
to
address
violations
of
this
Act,
any
rule
or
regulation
adopted
under
this
Act,
any
permit
or
tern
or
condition of a permit,
or any Board order.
(f)
The
State’s
Attornoy
of
the
county
in
which
the
violation
occurred,
or
the
Attorney
General,
shall
bring
such
actions
in
the
name
of
the
people
of
the
State
of
Illinois.
Without
limiting
any
other
authority
which
may
exist
for
the
awarding
of
attorney’s
fees
and
costs,
the
Board
or
a
court
of
competent
jurisdiction
may
award
costs
and
reasonable
attorney’s
fees,
including
the
reasonable
costs
of
expert
witnesses
and
consultants,
to
the
State’s
Attorney
or
the
Attorney
General
in
a
case
where
he
has
prevailed
against
a
person
who
has
committed
a
wilful,
knowing
or
repeated
violation
of
this
Act,
any
rule
or
regulation
adopted
under
this
Act,
any
permit
or
term
or
condition
of
a
permit,
or
any
Board
order.
Any
funds
collected
under
tnis
subsection
(f)
in
which
the
Attorney
General
has
prevailed
shall
be
deposited
in
the
Hazardous
Waste
Fund
created
in
Section
22.2
of
this
Act.
Any
funds
collected
under
this
subsection
(f)
it
which
a
State’s
Attorney
has
prevailed
shall
be
retained
by
the
county
in
which
he
serves.
(g)
All
final
orders
imposing
civil
penalties
pursuant
to
this
Section
shall
prescribe
the
time
for
payment
of
such
penalties.
If
any
such
penalty
is
not
paid
within
the
time
prescribed,
interest
on
such
penalty
at
the
rate
set
forth
in
subsection
(a)
of
Section
1003
of
the
Illinois
Income
Tax
Act,
shall
be
paid
for
the
period
from
the
date
payment
is
due
until
the
date
payment
is
received.
However,
if
the
time
for
payment
is
stayed
during
the
pendency
of
an
appeal,
interest
shall
not
accrue
during
such
stay.
(h)
In
determining
the
appropriate
civil
penalty
to
be
Public Act 094—0272
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imposed
under
subdivisions
(a),
(b)(l),
(b)(2),
(b) (3),
or
(b) (5)
of this Section,
the Board is authorized to consider any
matters
of
record
in
mitigation
or
aggravation
of
penalty,
including but not limited
to the following factors:
(1)
the duration and gravity of the violation;
(2)
the presence
or
absence
of
due
diligence
on
the
part
of
the
respondent
in
attempting
to
comply
with
requirements
of this Act and regulations
thereunder or
to
secure relief therefrom as provided by
this Act;
(3)
any
economic
benefits
accrued
by
the
respondent
because of delay in compliance with requirements,
in which
case
-
the
economic
benefits
shall
be
determined
by
the
lowest cost alternative for achieving compliance;
(4)
the amount
of monetary penaity which will
serve
to
deter further violations by the respondent and to otherwise
aid
in enhancing voluntary compliance with this Act by the
respondent and other persons similarly subject to the Act;
(5)
the
number,
proximity
in
time,
and
gravity
of
previously
adjudicated
violations
of
this
Act
by
the
respondent;
(6)
whether
the respondent voluntarily self—disclosed,
in
accordance
with
subsection
Ii)
of
this
Section,
the
non-compliance
to the Agency; and
(7)
whether
the
respondent
has
agreed to
undertake
a
“supplemental
environmental
project,”
which
means
an
environmentally
beneficial
project
that
a
respondent
agrees to undertake in settlemont of an enforcement action
brought
under
this
Act,
but
which
the
respondent
is
not
otherwise legally required to perform.
In determining the appropriate civil penalty to be imposed
under
subsection
(a)
or
paragraph
(1),
(2),
(3),
or
(5)
of
subsection
(b)
of this Section,
the Board shall ensure,
in
all
cases,
that
the penalty
is
at
least
as great
as
the economic
benefits,
if any,
accrued by the respondent as a result of the
violation,
unless
the
Board
finds
that
imposition
of
such
penalty would result in an arbitrary or unreasonable financial
Public Act 094—0272
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hardship.
However,
such civil
penalty may be off-set
in whole
or
in
part
pursuant
to
a
supplemental
environmental
project
agreed to by the complainant and the respondent.
(i)
A
person
who
voluntarily
sd
f—discloses
non-compliance
to
the
Agency,
of
which
the
Agency
had
been
unaware,
is
entitled to
a l00~ reduction
in
the portion of the penalty that
is not based on
the economic benefit of non—compliance
if the
person can establish the following:
(1)
that
the non—compliance
was discovered through
an
environmental
audit,
as
defined
in
Section
52.2
of
this
Act,
and
the
person
waives
the
environmental
audit
privileges as provided in that Section with respect to that
non—compliance;
(2)
that
the
non—compliance
was
disclosed
~n writing
within
30 days of
the
date on which
the person discovered
it;
(3)
that
the
non-compliance
was
discovered
and
disclosed prior
to:
(I)
the
commencement
of
an
Agency
inspection,
investigation, or request for information;
(ii)
notice of a citizen suit;
-
-
(iii)
the filing of
a complaint by a citizen,
the
Illinois Attorney General,
or the State’s Attorney
of
the county in which the violation occurred;
(iv)
the
reporting
of
the
non-compliance
by
an
employee
of
the
person
without
that
person’s
knowledge; or
(v)
imminent
discovery
of
the
non-compliance
by
the Agency;
(4)
that
the non-compliance
is being corrected and any
environmental harm is being remediated in a timely fashion;
(5)
that
the person agrees
to prevent a recurrence
of
the non-compliance;
(6)
that
no
related
non—compliance
events
have
occurred in the past
3 years at the same facility or in the
past
5 years
as part
of
a pattern
at multiple facilities
Public Act 094—0272
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owned or operated by the person;
(7)
that
the non—compliance
did not
result
in serious
actual
harm
or
present
an
iru~iinent
and
substantial
endangerment
to human
health or the environment or violate
the specific
terms of any judicial or administrative order
or consent agreement;
(8)
that
the
person
cooperates
as
reasonably
requested
by
the Agency after the drsclosure; and
(9)
that
the non—compliance was identified voluntarily
and
not
through
a
monitoring,
sampling,
or
auditing
procedure
that
is
required
by
statute,
rule,
permit,
judicial or administrative order,
or consent agreement.
If
a person
can establish
all
of
the
elements
under
this
subsection
except
the
element
set
forth
in paragraph
(1)
of
this
subsection,
the person
is entitled to a
75
reduction
in
the portion of the penalty that is not based upon
the economic
benefit of non-compliance.
(-j)
In
addition
to
an
other
remedy
or
penalty
that
may
apply,
whether
civil
or
criminal,
any
person
who
violates
Section
22.52
of
this
Act
shall
be
iiable for
an additional
civil
penalty
of
up
to
3
times
the
gross
amount
of
any
pecuniary gain resulting from the violation.
(Source:
P.A.
93—152,
eff.
7—10—03;
93—575,
eff.
1—1—04;
93—831,
eff.
7—28—04.)
(415 ILOS 5/SB.8)
Sec.
58.8.
Duty to record; conpliacoe.
(a)
The RA receiving a
No Further Remediation Letter
from
the Agency pursuant
to Section
58.10,
shall submit
the letter
to the Office of the Recorder or the Registrar of Titles of the
county
in which
the site
is located within
45 days of receipt
of
the
letter.
The Office of
the Recorder or
the Registrar
of
Titles shail
accept and record that
letter
in accordance with
Illinois law so that it
forms a permanent part of the chain
of
title for the site.
(b)
A
No
Further
Remediation
Letter
shall
not
become
Public
Act
094—0272
SB0431
Enrolled
LRBO94
09305
RSP
39545
b
effective
until
officially
recorded
in
accordance
with
subsection
(a)
of
this
Section.
The
RA
shall
obtain
and
submit
to
the
Agency
a
certified
copy
of
the
No
Further
Remediation
tetter
as
recorded.
(c)
(Blank)
.
P,t
no
tinc
shall
any
cito
for
which
a
land
usc
li~!itati~n
h~
b~..
i!~~s~d
~
a
.oault
of
~codiation
a~
a
under
thic
TItle
be
escd
in
a
manno
with
thc
land
usc
limitation
u~~s
fu~tho~
l~c~tigetion
c.
~omodia1
action
hoc
been
conductrd
that
documents
the
attoi,unont
of
objectives
ap~~preate
fo rti.e
new
lana
see
end
a
nc;:
No
rurthor
flomcdiotion
Letter
obtained
and
recordcd
in
accordance
~:ith
this
Titlo.
(d)
In
the
event
that
a
No
Further
Remediation
Letter
issues
by
operation
of
law
pursuant
to
Section
58.10,
the
RA
may,
for
purposes
of
this
Section,
file
an
affidavit
stating
that
the
letter
issued
by
operation
of
law.
Upon
receipt
of
the
No
Further
Remediation
Letter
from
the
Agency,
the
PA
shall
comply
with
the
requirements
of
subsections
(a)
and
(b)
of
this
Section.
(Source:
P.A.
92—574,
eff.
6-26—02.)
Section
99.
Effective
date.
This
Act
takes
effect
upon
becoming
law.
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE J:
CLEAN CONSTRUCTION OR DEMOLITION DEBRIS
CHAPTER
I:
POLLUTION CONTROL BOARD
PART
1100
CLEAN CONSTRUCTION OR DEMOLITION DEBRIS FILL OPERATIONS
SUBPART A:
GENERAL
Section
1100.101
Scope and Applicability
1100.102
Severability
1100.103
Definitions
1100.104
Incorporations by Reference
SUBPART B:
STANDARDS
Section
-
-
1100.201
Prohibitions
1100.202
Surface Water Drainage
1100.203
Annual
Facility Map
1100.204
Operating Standards
1100.205
Load Checking
1100.206
Salvaging
1100.207
Boundary Control
1100.208
Closure
1100.209
Postclosure Maintenance
1100.210
Recordkeeping Requrements
1100.211
Annual Reports
SUBPART C: PERMIT INFORMATION
Section
1100.301
Scope
and
Applicability
1100.302
Notification
1100.303
Required Signatures
1100.304
Site Location Map
1100.305
Facility Plan Map
1100.306
Narrative Description of the Facility
1100.307
Proof ofProperty Ownership
and Certification
1100.308
Surface Water Control
1100.309
Closure Plans
1100.310
Postclosure Maintenance Plan
SUBPART D:
PROCEDURAL REQUIREMENTS FOR PERMITTING
Section
1100.401
Purpose of Subpart
1
1100.402
Deliveryof Permit Application
1100.403
Agency Decision Deadlines
1100.404
Standards for Issuance of a Permit
1100.405
Standards for Denial of a Permit
1100.406
Permit Appeals
-
1100.407
Permit No Defense
1100.408
Term of Permit
1100.409
Transferof Permits
1100.410
Procedures for the Modification of Permits
1100.411
Procedures for the Renewal ofPermits
1100.412
Procedures
for Closure and
Postclosure Maintenance
AUTHORITY:
Implementing Sections
5
and
22.51
and authorized by Section 22.51
and
27 of the Environmental
Protection Act
415
ILCS
5/5,
22.51, and 27.
SOURCE:
Adopted in ___________at
____
Ill. Reg.
___________,
effective
SUBPART A:
GENERAL
Section 1100.101
Scope and Applicability
a)
This Part
applies to all
CCDD fill operations that are required to be
permitted pursuant to Section
22.51
of the Act, other than CCDD
fill
operations permitted pursuant to
35
III. Adm. Code
807 or 811
through
814.
b)
This
Part
does not apply to:
1)
CCDD otherthan CCDD used as fill material
in a current or
former quarry, mine,
or other excavation.
2)
The use.ofCCDD asfill material in a current
orformer quarry,
mine,
or other excavation located on
the site where the
CCDD
was
generated
(Section
22.51
(b)(4)(A) of the Act);
3)
The use
ofCCDD
asfill material in an excavation other than a
current orformer quarry or mine
~fthe
use complies with Illinois
Department of Transportation specqications
(Section
22.51(b)(4)(B) ofthe Act);
4)
The use of the following types ofmaterial
as fill material:
A)
CCDD
that is considered “waste” under the Act or rules
adopted pursuant to the Act; or
2
B)
Any material
other than CCDD,
including, but not limited
to, material generated on site as
part
of a mining process;
and
5)
The portions of a site not used for a CCDD fill
operation.
Section
1100.102
Severability
Ifany
provision of this Part or its application to any person or under any circumstances is
adjudged invalid, such adjudication must not affect the validity ofthis
Part as a whole or
ofany portion not adjudged invalid.
Section
1100.103
Definitions
Except as stated in this
Section, or unless
a different meaning of a word or term is clear
from the context, the definition of words or terms in
this Part will be the same as that
applied to the same-words or terms in the Environmental Protection Act
415
ILCS
5:
“10-year, 24-hour precipitation event” means a precipitation event of24-
hour duration with
a probable recurrence interval ofonce in
10 years.
“100-year, 24-hour precipitation event” means a precipitation event of24-
hour duration with
a probable recurrence interval ofonce in
100
years.
“Act” means the Environmental Protection Act
415
ILCS
5.
“Agency” is the
Illinois
Environmental Protection Agency established by
the
Act.
(Section 3.105 ofthe Act)
“Applicant” means the person submitting
an application to the Agency for
a permit for a CCDD
fill
operation.
“Board” is the Pollution Control Board established by
the
Act.
(Section
3.130 ofthe Act)
“CCDD” means clean construction or demolition
debris.
“CCDD fill operation” means the use of CCDD as
fill material
in
a current
or former quarry, mine, or other excavation.
“Clean
construction
or demolition
debris” means uncontaminated broken
concrete
without
protruding
metal
bars,
bricks,
rock,
stone,
reclaimed
-
asphalt
pavement,
or
soil
generated from
construction
or
demolition
activities.
Clean
construction or demolition
debris
does not
include
uncontaminated
3
soil generated during construction,
remodeling,
repair,
and demolition of
utilities,
structures,
and
roads
provided
the
uncontaminated
soil
is
not
commingled
with
any
clean
construction
or
demolition
debris
or other
waste.
To
the
extent
allowed
by federal
law,
clean
construction
or
demolition
debris
shall
not
be
considered
“waste”
~f
it
is
(z)
used
as fill
material
outside of a setback
zone
V
the fill
is placed
no
higher
than
the
highest
point
of elevation
existing prior
to
the filling
immediately adjacent to
the
fill
area,
and
V
covered
by
sufficient
uncontaminated
soil
to
support
vegetation
within
30
days of the
completion offilling or
V
covered
by
a
road
or
structure,
or
(ii)
separated
or processed
and
returned
to
the
economic
mainstream
in
theform ofraw materials or products,
~f
it
is
not
speculatively
accumulated
and,
V
used
as
a fill
material,
it
is
used
in
accordance
with
item
(i)
within
30 days
of its
generation,
or
(iii)
solely
broken
concrete without protruding metal
bars
used for
erosion
control,
or
(iv) generatedfrom
the
construction
or demolition of a
building,
road,
or other structure and used to
construct,
on
the site where the construction
or
demolition
has
taken place,
a
manmade functional
structure
not
to
exceed
20
feet
above
the
highest
point
of
elevation
of
the
property
immediately
adjacent
to
the
new
manmade functional
structure
as
that
elevation
existed prior
to the creation ofthat
new structure, provided
that
the
structure
shall
be
covered
with
sufficient
soil
materials
to
sustain
vegetation
or
by
a road or structure,
and further provided
that
no
such
structure
shall
be
constructed
within
a
home
rule
municipality
with
a
population over 500,000 without the consent ofthe municipality.
(Section
3.160(b) of the Act)
“Documentation” means items, in
any tangible form, whether directly
legible or legible with the aid of
anymachine or device, including but not
limited
to
affidavits, certificates, deeds,
leases, contracts or other binding
agreements,
licenses, permits, photographs, audio or video recordings,
maps, geographic surveys,
chemical
and
mathematical formulas or
equations, mathematical and statistical calculations and assumptions,
research papers, technical reports, technical designs and design
drawings,
stocks, bonds, and
financial records, that are used to support facts or
hypotheses.
“Facility” means the areas of a site and all
equipment and fixtures on a site
used for a CCDD
fill
operation.
A facility consists of an entire CCDD fill
operation.
All structures used in connection with or to facilitate the
CCDD
fill operation will be
considered a part ofthe facility.
“Filled area” means areas within a unit where CCDD has been placed
as
fill material.
4
“Malodor” means
an odor caused by
one or more contaminant emissions
into the atmosphere from afacility
that is in sqfficient quantities and of
such
characteristics and duration as to be
described as malodorous and
which may be
iniurious to human, plant,
or animal
lfe,
to
health,
or to
property,
or may unreasonably interfere with the enjoyment of
l!fe
or
property.
(Section 3.115 of the Act (defining “air pollution”))
“National Pollutant
Discharge Elimination System” or “MPDES” means
the program for issuing, modifying, revoking and reissuing, terminating,
monitoring,
and enforcing permits and
imposing and enforcing
pretreatment requirements
under the Clean Water Act (33 USC
1251
et
seq.),
Section
12(f) ofthe Act, Subpart A of35
Ill.
Adm. Code 309,
and
35111.
Adm.
Code 310.
“NPDES permit” means a permit issued under the NPDES program.
“Operator” means a person responsible for the operation
and maintenance
of a
CCDD
fill operation.
“Owner” means a person who has any direct or indirect
interest in
a
CCDD fill
operation or in land on which a person operates and maintains a
CCDD fill
operation.
A “direct or indirect
interest” does not include the
ownership ofpublicly traded stock. The “owner” is the “operator” if there
is no other person who
is operating and maintaining
a CCDD
fill
operation.
“Person” is any individual, partnership,
co-partnership, firm,
company,
corporation,
association, joint stock company,
trust, estate, political
subdivision,
State agency, or any other legal entity;or their legal
representative,
agent or assigns.
(Section 3.315 of the Act)
“Professional engineer” means a person who has registered
and obtained a
seal pursuant to the Professional Engineering Practice Act of 1989 225
ILCS
325.
“Runoff” means water resulting from precipitation that
flows overland
before it enters a defined stream channel, any portion ofsuch overland
flow that infiltrates into the ground before it reaches the stream channel,
and any precipitation that
falls directly into
a stream channel.
“Salvaging” means the return ofCCDD to
use other than use as fill at a
CCDD fill operation.
“Setback zone” means a geographic area, designated pursuant to
the
Act,
containing a potable
water supply well or a potential source or
potential
route,
having a continuous boundary, and within
which certain
5
-
prohibitions or regulations are applicable
in order toprotect
groundwaters.
(Section 3.450 of the Act)
“Unit” means
a contiguous area within a facility that
is permitted for the
placement of CCDD
as fill material.
“Working face” means any part of a unit where CCDD
is being placed as
fill.
Section
1100.104
Incorporations by Reference
a)
The Board
incorporates the following material by reference:
U.S. Government Printing Office, Washington, D.C. 20402, ph:
202-783-3238:
-
Test Methods for Evaluating Solid Waste,
Physical/Chemical methods, EPA Publication SW-846
(Third Edition,
1986
as amended by
Updates I, II, hA,
JIB,
III, lilA and IJIB).
b)
This incorporation includes no later amendments or editions.
SUBPART B: STANDARDS
Section 1100.201
Prohibitions
a)
Noperson shall conduct any
CCDDfiII
operation in violation
ofthe
Act
or any regulations or standards adopted by the Board.
(Section 22.51(a)).
b)
CCDD
fill operations must
not accept material
other than CCDD for use
as fill.
BOARD NOTE: Pursuant to Section 3.160 of the Act,CCDD includes
uncontaminated soil that is being placed as fill material in a unit.
c)
CCDD
fill operations must
not be located inside a setback zone ofa
potable water supply well.
(See Section 3.160(b)(i) ofthe
Act).
Section
1100.202
Surface Water Drainage
-
a)
RunoffFrom Filled Areas
1)
All discharges of runofffrom filled areas to
waters of the State
must be permitted by the Agency to the extent required under 35
Ill. Adm.
Code 309.
6
2)
All surface water control structures must be operated until the final
cover is placed and the vegetative or other cover meeting the
requirements of Section
1100.208 of this Part provides erosional
stability.
-
b)
Diversion of RunoffFrom Unfilled Areas.
I)
Runofffrom unfilled areas
must be diverted around filled
areas to
the greatest
extent practical.
2)
Diversion facilities must be constructed
to prevent runofffrom the
10-year, 24-hour precipitation event from entering filled areas.
3)
Runofffrom
unfilled areas which becomes commingled with
runofffrom filled areas must be
handled as runoff from filled
areas
-
in
accordance with subsection
(a) ofthis
Section.
-
4)
All
diversion structures must be
designed to have
flow velocities
that will not cause erosion and scouring of the natural
or
constructed
lining (i.e., the
bottom and sides) ofthe diversion
channel and downstream channels.
5)
All
diversion structures must be
operated until the final cover is
placed and the
vegetative or other cover meeting the requirements
of Section 1100.208
ofthis Part provides erosional stability.
Section
1100.203
Annual Facility Map
The owner or operator must submit an
annual facility map to the Agency each calendar
year by the date specified in the Agency permit.
The map must have a scale no smaller
than one inch equals
200 feet, show the horizontal extent of filled areas as ofthe date of
the map, and show the same information as required
for facility plan maps underSections
1100.305(a)
through (d) of this Part.
Section
1100.204
Operating Standards
a)
Placement of fill
material
Fill material must be placed in
a safe manner that protects human health
and the environment.
7
b)
Size and Slope of Working Face
The working face of the
fill operation must be
no
larger than is necessary,
based on the terrain and equipment used
in material placement, to conduct
operations in
a safe
and efficient manner.
c)
Equipment
Equipment must be maintained and
available for use at the facility during
all hours of operation, so as to
achieve and maintain compliance with the
requirements of this Part.
d)
Utilities
All
utilities, including but
not limited to
heat, lights, power, and
communications equipment, necessary for safe operation in compliance
with
the requirements ofthis Part must be available at the facility at all
times.
e)
Maintenance
The owner or operator must maintain and operate all systems
and related
appurtenances and structures in a manner that facilitates proper operations
in compliance with this
Part.
Dust
Control
The owner or operator must implement methods for controlling dust so as
to minimize off-site wind
dispersal ofparticulate matter.
g)
Noise Control
-
-
The facility must be designed, constructed, and maintained to minimize
the level ofequipment
noise audible outside the site.
The facility must not
cause or contribute to
a violation ofthe Board’s noise
regulations or
Section 24 ofthe Act.
h)
Fill Elevation
The owner or operator must place CCDD
used as
fill
no higher than the
highestpoint ofelevation
existing prior to thefilling immediately adjacent
to thefill area.
(Section 3.160(b) of the Act)
8
i)
Mud Tracking
The
owner or operator must implement methods to minimize tracking of
mud by hauling vehicles onto
public
roadways.
Section
1100.205
Load
Checking
The owner or operator must institute
and conduct a load checking program designed to
detect attempts to dispose ofmaterial other than CCDD
at the facility.
At a minimum,
the load checking program must consist ofthe following components:
a)
Routine
Inspections
1)
An inspector designated by the facility must inspect every load
before its acceptance at the facility.
in addition to a visual
inspection, the inspector must use an
instrument with
a photo
-
ionization detector utilizing a lamp of 10.6 eV or greater or an
instrument with
a flame ionization detector, or other monitoring
devices approved by the Agency, to
inspect each load.
Any
reading above zero using any of these instruments must result in
the rejection of the inspected load.
In addition, any reading above
zero on any monitoring device used by the Agency during an
Agency inspection must result in
the rejection of the inspected
load.
2)
Cameras or other devices may be used to record the visible
contents of shipments.
Where such devices are employed, their
use should be designated on
a sign posted near the entrance to the
facility.
-
b)
Random Inspections
1)
In addition to the inspections required under subsection
(a) ofthis
Section, an inspector designated by the facility must conduct a
discharge inspection of at least one randomly selected load
delivered to the facility each day.
The driver ofthe randomly
selected load must be directed to discharge the load at a separate,
designated location within the facility.
The inspector must conduct
an inspection of the discharged material that includes, but is not
limited to, additional visual inspection and additional instrument
testing using the instruments required under subsection (a)(1) of
this Section.
Any reading above zero using any ofthese
instruments must result in the rejection ofthe inspected load. In
addition, any reading above zero on any monitoring device used by
the Agency during an Agency inspection must result in the
rejection of the inspected
load.
9
2)
Cameras or other devices maybe used to record the visible
contents of shipments.
Where such devices are employed, their
use should be designated on
a sign posted near the entrance to the
facility.
c)
Documentation of Inspection Results
The documentation for each inspection must include, at a minimum, the
following:
1)
The date and time of the inspection,
the name of the hauling firm,
the vehicle identification number or license plate
number, and
the
source of the CCDD;
2)
The results ofthe routine inspection required under subsection
(a)
-
of this Section,
including, but not limited to, the monitoring
instruments
used, whether the load was accepted or rejected, and
for rejected loads the reason for the rejection;
3)
The results of any random inspection required under subsection (b)
ofthis Section, including, but not
limited to, the monitoring
instruments
used, whether the load was accepted or rejected, and
for rejected loads the reason
for the rejection;
and
4)
The name of the inspector.
d)
Rejection of Loads
1)
If material
other than CCDD is found or suspected, the owner or
operator must reject the load and present the driver of the rejected
load with written notice ofthe following:
A)
That only CCDD is accepted for use as
fill at the facility;
B)
That the rejected load contains or is suspected to
contain
material other than CCDD, and that the material must
not
be taken
to another CCDD fill
operation and must be
properly recycled or disposed ofat a permitted landfill;
C)
That for all
inspected loads the owner or operator is
required to record, at a minimum, the date and time of the
inspection, the name ofthe hauling firm, the vehicle
identification number or license plate number,
and the
source ofthe fill
and is required to make this information
available to the Agency for inspection.
10
2)
The owner or operator must ensure
the cleanup,
transportation, and
proper disposal of any material
other than
CCDD that remains at
the facility after the rejection of a load.
e)
The owner or operator must take special precautionary measures as
specified in the Agency permit prior to accepting loads from persons or
sources found or suspected to be responsible for sending or transporting
material other than
CCDD to the facility.
The special
precautionary
measures may include, but are not
limited to, questioning the driver about
the load prior to its discharge and increased visual
inspection and
instrument testing of the load.
f)
Ifmaterial other than CCDD is discovered to be
improperly accepted or
deposited at the facility, the owner or operator must remove and properly
dispose ofthe material.
g)
The owner or operator must ensure that
all
appropriate facilitypersobnel
are properly trained in
the identification ofmaterial that
is not CCDD.
h)
All
field measurement activities relative to equipment and instrument
operation, calibration and maintenance
and data handling shall
be
conducted in
accordance with the
following:
1)
“Test Methods for Evaluating Solid Waste,
Physical/Chemical
Methods” (SW-846), Vol.
One, Ch.
One (Quality Control),
incorporated by reference
at Section
1100.104 of this Part;
2)-
The equipment or instrument manufacturer’s or vendor’s published
standard operating procedures; or
3)
Other operating procedures specified in the Agency permit.
i)
Documentation required under this Section must be kept for a minimum of
three years at the facility or in
some alternative location specified in the
Agency permit.
The documentation must be available
for inspection and
copying by the Agency upon request during normal business hours.
Section
1100.206
Salvaging
a)
All salvaging operations must in no way interfere with
the CCDD fill
operation, result in
a violation ofthis Part,
or delay the construction of
final cover.
b)
All
salvaging operations must be performed
in
a safe manner in
compliance with the requirements of this Part
11
c)
Salvageable materials:
I)
May be
accumulated onsite by an owner or operator, provided they
are managed so as not to create
a nuisance, harbor vectors, cause
malodors, or create
an unsightly appearance; and
2)
May not be accumulated
at the facility for longer than one year
unless
a longer period of time is allowed under the Act or
is
specified in the Agency permit.
Section
1100.207
Boundary Control
a)
Unauthorized vehicular access
to the working face of all units and to
all
other areas within the boundaries of the facility must be restricted.
b)
A permanent sign must be posted at
the entrance to the facility or each unit
stating that only CCDD is accepted for use as fill.
Section
1100.208
Closure
a)
Completion ofFilling
I)
The owner or operator is deemed to have completed CCDD filling:
A)
30 days after the date on which the facility receives the
final load of CCDD for use as fill; or
-
B)
If the facility has remaining capacity and there is
a
reasonable
likelihood that the facility will receive
additional CCDD
for use as fill, no later than
one year after
the most recent receipt of CCDD for use as fill.
2)
The Agency must
grant extensions beyond the one
year deadline in
subsection (a)(1)(B) ofthis Section if the owner or operator
demonstrates that:
A)
The facility has the capacity to receive
additional
CCDD
for use as fill; and
B)
The owner or operator has taken and will continue to take
all steps necessary to prevent threats to human health and
the environment
from the facility.
b)
Closure
12
I)
Final Cover
All filled areas must be
covered by sufficient uncontaminated soil
to support vegetation
within 30 days ofthe
completion offilling or
must
be
covered by a road or sinicture.
(Section 3.160 of the
Act) Theminimum amount of soil to support vegetation is one
foot. The final surface must prevent or
minimize
erosion.
2)
Final Slope and
Stabilization
A)
The final slopes and contours mustbe constructed to
complement and blend with the surrounding topography of
the proposed final land use ofthe area.
B)
All drainageways and swales mustbe
constructed to safely
pass the runofffrom the 100-year, 24-hour precipitation
-
-
event without scouring or erosion.
C)
The final configuration ofthe facilitymust be constructed
in amanner that minimizes erosion.
D)
Standards for Vegetation
-
i)
Vegetation must minimize windand water erosion;
ii)
Vegetation must be compatible with (i.e. grow and
survive under) the local
climatic conditions;
-
-
iii)
Temporary erosion control
measures, including,
but
not limited to, the application, alone or in
combination, ofmulch, straw, netting, or chemical
soil stabilizers, mustbe undertaken while vegetation
is being established.
Section 1100.209
Postclosure
Maintenance
The owner or operatormust conduct postclosure maintenance in accordance with this
Section and theAgency permit for aminimum ofone year after the Agency issues a
certificate ofclosure in accordance with Section 1100.412 of this
Part
unless a shorter
period oftime for postclosure maintenance is specified in the Agency permit. Reasons
forwhich the Agencymay specify a shorter period of time for
postelosure maintenance
include, but arenot limited to, conformance with existing reclamation plan requirements,
zoning requirements, local ordinances, private contracts, or
development plans.
13
a)
The owner
or operator must remove all equipment or structures
not
necessary for the postclosure land use, unless otherwise authorized by the
Agency permit.
b)
Maintenance and
Inspection ofthe Final
Cover:
1)
Frequency of Inspections. The owner or operator must conduct a
quarterly inspection ofall
surfaces during
closure and for a
minimum of one year after closure.
2)
All rills, gullies, and
crevices six
inches or deeper identified in the
inspection must be
filled.
Areas identified by the owner or
operator or the Agency as particularly susceptible to
erosion must
be recontoured.
3)
All eroded and scoured drainage channels must be
repaired and
-
lining material
must be replaced if necessary.
4)
All holes and depressions created by settling must be
filled and
recontoured so as to prevent standing water.
5)
All reworked surfaces, and areas with failed
or eroded vegetation
in excess of 100 square feet cumulatively, must be
revegetated in
accordance with the approved closure
plan for the facility.
6)
The Agency must approve postclosure use ofthe property if the
owneror operator demonstrates that the disturbance ofthe final
cover will not increase the
potential threat to human health or the
-
environment.
-
Section
1100.210
Recordkeeping Requirements
The owner or operator must maintain
an operating record at the facility or in
some
alternative location specified in the Agency permit.
The owner or operatormust make
the operating record available
for inspection and copying by the Agency upon request
during normal business hours.
Information maintained in the operating record must
include, but
is not limited to, the following:
a)
Any information submitted to
the Agency pursuant to this Part, including,
but not limited to, copies of all permits,
permit applications, and
annual
reports;
b)
Written procedures for load checking,
load rejection notifications, and
training required under Section 1100.205
of this Part.
Section
1100.211
Annual Reports
14
The owner or operator must submit an annual report to -the Agency each calendar year by
the date specified in the Agency permit. The annual report must include, at a minimum,
the following information:
a)
A summary ofthe number ofloads accepted and the number of loads
rejected during the calendar year.
b)
Amount of CCDD expected in
the next year;
c)
Any modification affecting the operation ofthe facility.
d)
The signature of the owner or operator, or the owner or operator’s duly
authorized agent as specified
in
Section
1100.303 ofthis
Part.
-
SUBPART C: PERMIT INFORMATION
Section
1100.301
Scope and Applicability
All persons seeking a permit for a CCDD
fill operation must submit to the Agency an
application for the permit in
accordance with the Act
and this Part.
Section
1100.302
Notification
The applicant must provide notification ofthe request for a permit to the
State’s Attorney
and the Chairman of the County Board ofthe county in which the facility is located, each
member of the General Assembly from legislative districts in which that
facility is
located,
and the clerk ofeach municipality located within three miles ofthe facility.
Proof ofproviding the notifications required under this
Section must be included in the
permit application.
Section
1100.303
Required Signatures
a)
All permit applications must contain
the name, address, and telephone
number of the owner and
operator, and any duly authorized agents of the
owner or operator to whom
inquiries and correspondence should be
addressed.
b)
All permit applications must be
signed by the owner and operator, or by
their duly
authorized agents with an
accompanying oath or affidavit
attesting to the agent’s authority to sign the application on behalfof the
owner or operator.
All signatures must be notarized.
The following
persons are considered duly authorized agents ofthe owner and operator:
15
1)
For corporations, a
principal executive officer of at least the level
ofvice
president;
-
2)
For a sole proprietorship, the sole
proprietor;
3)
For a partnership, a general partner; and
4)
For a municipality, state, federal or other public agency, by the
headof the agency or a ranking elected official.
Section 1100.304
Site Location Map
All permit applications must contain a site
location map on the most recent United States
Geological Survey (USGS) quadrangle ofthe area from the
7
1/2 minute series
(topographic) that clearly shows the following information:
a)
The site boundaries, the facility boundaries, and all
adjacent property
extending at least 1000 meters (3300 feet) beyond the facility boundaries;
b)
All surface
waters;
c)
All potable water supply wells within
1000 meters (3300 feet) ofthe
facility boundaries;
d)
All potable water supply
well setback zones established pursuant to
Section
14.2 or
14.3 of the Act;
e)
Any recharge zone
and sole source
aquifer designated by the United States
Environmental Protection Agency pursuant
to Section
1424(e) of the Safe
Water Drinking Act (42 USC 3001).
f)
All main
service corridors, transportation
routes, and
access roads to the
site and facility.
Section
1100.305
Facility Plan Maps
The application must
contain maps showing the details of the facility.
The maps must
have
a scale
no smaller than one
inch equals 200 feet, have appropriate contour intervals
as needed to delineate all physical features of the facility, and show the following:
a)
The entire facility, including,
but not limited, to all permanent structures
and roads within the facility;
b)
The boundaries, both above and below ground level, of the facility and all
units included in the facility;
16
c)
All roads entering and
exiting the facility;
and
d)
Devices for controlling access to
the facility.
Section
1100.306
Narrative
Description of the Facility
The permit application must contain a written description ofthe facility with supporting
documentation describing the procedures and plans that will be used at the facility to
comply with the requirements of this Part.
Such descriptions must
include, but
are not
limited to, the following information:
a)
A description of the CCDD being used as
fill
and a load checking
plan
describing how the owner or operator will comply with
Section
1100.205
of this Part;
b)
The types of CCDD expected in each unit, an
estimate ofthe maximum
capacity of each unit, and the rate at which CCDD is to be placed in
each
unit;
-
c)
The estimated density of the CCDD;
d)
The length oftime each unit will receiveCCDD;
e)
A description of all
equipment to be used at the facility for complying
with
the facility permit,
the Act, and
Board regulations.
1)
A description of any
salvaging to be conducted
at the facility, including,
but
not limited to,
a
description of all
salvage facilities and
a description of
how the owner or operator will comply with Section
1100.206 ofthis
Part;
g)
A description ofhow the owner or operator will comply with
the
requirements of Section
1100.207 ofthis
Part;
-
h)
A description of how the owner or operator will comply with Sections
1100.204(c) and
(e) ofthis Part;
i)
A description of the methods to be used for controlling dust in compliance
with Section
1100.204(1) ofthis Part;
j)
A description of how the owner or operator will control noise in
compliance with
Section
1100.204(g) ofthis Part;
and
k)
A description of all
existing and planned roads
in the facility that will be
used during the operation of the facility, the size
and type of such roads,
and the frequency with which they will be used.
17
Section 1100.307
Proof of Property Ownership and Certifications
Thepermit application must contain a certificate
of ownership ofthe facility property and
certifications regarding the provisions of Sections 39(i) and 390-5) ofthe Act. The
owner and operator must certify that the Agency willbe notified within seven days ofany
changes in ownership.
Section 1100.308
Surface Water Control
Thepermit application must contain a plan for controlling surface water which
demonstrates compliance with Section 1100.202of this Part, and which includes at least
the following:
a)
A copy of any
approved National Pollutant Discharge Elimination System
(NPDES) permit issued pursuant to 35
Ill. Adm. Code 309 to discharge
runofffrom all filled areas of the facility, or a copyof any suchNPDES
permit
application if an NPDES
permit is pending; and
b)
A
map showing the location of all
surface water control structures at the
facility.
Section
1100.309
Closure Plans
The permit application must contain
a written closure plan that contains, at a minimum,
the following:
a)
Maps showing the configuration of the facility after closure of all units,
including,
but not limited to, appropriate contours as needed to show the
proposed final topography after placement of the final cover for all
filled
areas.
All maps must have a scale no smaller than one
inch equals
200
feet;
b)
Steps
necessary for the temporary suspension ofCCDD
filling in
accordance with Sections
1 lOO.208(a)(l)(B) or (a)(2) ofthis Part;
c)
Steps
necessary for closure of the facility at the
end ofits
intended
operating life;
-
d)
An estimate ofthe expected year ofclosure;
c)
Schedules for temporary suspension of CCDD filling and closure, which
must include, at a minimum, the total time required to close the facility
and the
time required for closure activities that will allow tracking ofthe
progress of closure;
18
1)
A description of how the applicant will comply with Section
1100.208 of
this Part;
and
g)
A description of the final cover, including, but not limited
to, the material
to be used as the final cover, application
and spreading techniques, the
types ofvegetation to be planted,
and the types of roads or structures to be
built pursuant to
Section
1100.208 ofthis Part.
Section
1100.310
Postclosure
Maintenance Plan
The permit
application must contain a postclosure maintenance
plan that includes a
description of the planned uses of the property during the postclosure maintenance period
and
a description of the measures to
be taken during the postclosure maintenance period
in compliance with the requirements of Section 1100.209 ofthis Part.
SUBPART
D: PROCEDURAL
REQUIREMENTS FOR PERMITTING
Section
1100.401
Purpose of Subpart
-
This Subpart contains theprocedures to be followed by all applicants and the Agency for
applications for permits forCCDD fill operations.
Section 1100.402
Delivery ofPermit Application
All permit applications must be submitted on forms prescribed by the Agency~andmust
be mailed or delivered to the address designated by the Agency on the forms. The
Agencymust provide a dated, signed receipt upon request. The Agency’s record of the
dateof filing must be deemed conclusive unless a contrary date is proved by a-dated,
signed receipt.
-
-
Section 1100.403
Agency Decision Deadlines
a)
If there is no final action
by the Agency within 90 days after thefiling of
the application for perm
it,
the applicant
may deem the permit issued.
(Section 39 ofthe Act)
b)
-
An application for permit pursuant to this Subpart must notbe deemed
filed
until the Agency has received
all
information and documentation in
the form
and
with the content required by this Part. However,
if,
the
Agency fails to notify the applicant within30 days after the filing ofa
purported application that the application is incomplete and the reason the
Agencydeems it incomplete, the application must be deemed to have been
filed asofthe date of such purported filing as calculated pursuant to
Section 1100.402 ofthis Part. The applicantmay treat the Agency’s
notification that an application is incomplete as a denial ofthe application
for the purposes ofreview pursuant to Section 1100.406 of this Part.
19
c)
The applicant maywaive the
right to
a
final decision in writing prior to the
applicable deadline in subsection (a) ofthis Section.
d)
The applicant maymodify a permit application at anytime prior to the
Agency decision deadline date.
Any
modification of a permit application
must constitute anew application for the purposes of calculating the
Agencydecision deadline date.
c)
The Agency must mail all notices of final actionby registered or certified
mail, postmarked with a date stamp and accompanied by a return receipt
request. Final action must be deemed to have taken place on the date that
such final action is signed.
Section 1100.404
Standards for Issuance ofa
Permit
a)
TheAgency must issue a permit upon proofthat thefacility,
tin
it,
or
equipment
will not cause a violation
of
the
Act or ofBoard regulatiohs set
forth in
35 IlL
Adm.
Code:
Chapter I.
(Section 39 of the Act)
b)
In granting permits,
the Agency
must
impose
such
conditions as may be
necessary to
accomplish
the purposes of
the
Act,
and as are not
inconsistent with Board regulations setforth in 35 IlL
Adm.
Code:
Chapter I.
(Section 39 of the Act)
Section
1100.405
Standards for
Denial of a Permit
If the Agency denies
anypermit under this
Part,
the Agency must transmit to the applicant
within the time limitations of this
Part
specific,
detailed statements -as to the reasons the
permit application
was denied.
Such a statement must include,
but not be limited to,
the
following:
-
a)
the Sections ofthe Act which maybe violated j.fthe permit were granted;
b)
the provisions ofthe regulations, promulgated under the Act,
which may
be violated ?fthepermit were granted;
c)
the specific
type of information,
~f
any,
which the Agency deems the
applicant
did not provide the Agency; and
d)
a statement ofspecific reasons why the Act and the regulations might not
be met ~fthe permit were granted.
(Section 39
ofthe Act).
Section
1100.406
Permit Appeals
20
If the Agency refuses
to grant or grants with conditions a permit the applicant may,
within 35 days, petitionfor a hearing before the Board to contest the decision of the
Agency.
(Section 40(a)(l) of the Act).
The petition mustbe filed, and the proceeding
conducted, pursuant to the procedures of Section 40 of theAct and Board rules.
Section 1100.407
Permit No Defense
The issuance and possession of a permit does not constitute a defense to a violation ofthe
Act or anyBoard rules, except for the use ofCCDD as
fill material in a current or former
quarry, mine, or other excavation without apermit.
Section
1100.408
Term of Permit
a)
Permits issued under to this Part
must not have
a term ofmore than
10
years.
b)
All permits
are valid until postclosure maintenance is completed or until
the permit expires or is revoked, as provided herein.
-
c)
The violation of any permit condition or the failure to comply with any
provision of this Part is grounds
for sanctions as provided in the Act,
including, but not limited to, permit revocation.
Such sanctions must
be
sought by filing a complaint with the Board pursuant to Title
VIII of the
Act (415 ILCS
5/30).
Section
1100.409
Transfer of Permits
No permit is transferable from one person to another except
as approved by the Agency.
Approval
must be
granted only if a new owner or operator who is seeking transfer of a
permit can demonstrate the ability to
comply with all applicable requirements of this Part.
Section
1100.410
Procedures for the Modification ofPermits
-
a)
Owner or operator initiated modification.
A modification to an
approved permit may be initiated at the request ofan
owner or operator at any time
after the permit is approved.
The owner or
operator initiates
a modification by application to the Agency.
b)
Agency initiated modification.
I)
The Agency may modify a permit under the following conditions:
A)
Discovery of a typographical or calculation error;
21
B)
Discovery that a determination
or condition was based
upon false or misleading information;
C)
An order of the Board issued in an action brought pursuant
to Title VIII, IX or X oftheAct; or
D)
Promulgation ofnew statutes or regulations affecting the
permit.
2)
Modifications initiated by the Agency mustnot become effective
until after 45 days ofreceiptby the owner or operator, unless
stayed during the pendency of an appeal to the Board. All other
time periods and procedures in Section 1100.403 ofthis Part apply.
Theowner or operator may request the Agency to reconsider the
modification, ormay file a petition with theBoard pursuant to
Section 1100.406 ofthis Part. All other time periods and
-
procedures in Section 1100.403 ofthis Part apply.
Section 1100.411
Procedures for theRenewal of Permits
a)
Time ofFiling
An application for the renewal ofa permit mustbe filed with theAgency
at least 90 days prior to the expiration date of the existing permit.
b)
Effect ofTimely Filing
When a permittee has madetimely and sufficient application for the
renewal of a permit, the existing permitmust continue in full force and
effect until the final agencydecision on the application has been made and
any final board decision on any appeal pursuant to Section 40 has been
made unless a later date is fixed by order ofa reviewing court. (See
Section 10-65 ofthe Illinois Administrative Procedure Act (5 ILCS
100/10-65))
c)
Information Required for Permit Renewal
The owner or operator must submit only the information required under
Subpart C of this
Part
that has changed since the last permit review by the
Agency. The application for renewal mustbc signed in accordance with
the signature requirements ofSection 1100.303 of this Part.
d)
Procedures for Permit Renewal
-
Applications for permit renewal
are
subject to all requirements
and
time
schedules in Sections 1100.402 through 1100.409 of this Part.
22
Section
1100.412
Procedures for Closure and
Postclosure Maintenance
-a)
Notification of Receipt ofFinal Volume
Within 30 days after the date the final volume of CCDD is received the
owner or operatormust notify the Agency in writingofthe receipt of the
final volume ofCCDD.
b)
Certification ofClosure
1)
Whenthe closure ofthe facility is complete, the owner or operator
must submit to
the Agency:
A)
Documentation concerning closure ofthe facility,
including, but not limited, to plans or diagrams ofthe
-
-
facility as closed and the dateclosure was completed.
B)
An affidavit by theowner or operator and the seal of a
professional engineer that the facility has been closed in
accordance with the closure plan and the closure
requirements of this Part.
2)
When the Agency determines, pursuant to the information received
pursuant to subsection (b)(1) ofthis Section and anyAgency site
inspection, that the facility has been closed in accordance with the
specificationsof the closure plan and the closure requirements of
this Part, the Agency must:
A)
Issue a certificate ofclosure; and
B)
Specify the date the postclosure maintenance period begins,
based on the dateclosure wascompleted.
c)
Termination of the Permit
1)
At the end ofthe postclosure maintenance period the owner or
operator may submit to the Agency an application for termination
of the permit. The application must be submitted in a format
prescribed bythe Agency
and
must include, at a minimum, the
certification ofa professional engineerand the affidavit ofthe
owner or operator demonstrating that, due to compliance with the
postclosure maintenance plan and the postclosure maintenance
requirements of this Part, postclosure maintenance isno longer
necessarybecause:
23
A)
Vegetation has beenestablished on all nonpaved areas;
B)
The surface has stabilized sufficiently with respect to
settling and erosion so that further stabilization measures,
pursuant to the postclosure maintenance plan, areno longer
necessary; and
C)
Theowner or operator hascompleted all requirements of
the postclosure maintenance plan.
2)
Within 90 days after receiving the certification requiredby
subsection (c)(l) ofthis Section, the Agency must notify theowner
or operator in writing that the permit is terminated, unless the
Agency determines, pursuant to the information received pursuant
to subsection (c)(1) of this Sectionand any Agency site inspection,
that continued postclosure maintenance is required pursuant to the
-
postclosure maintenance plan and this Part.
-
3)
The owner or operatormay deem theAgency action pursuant to
subsection (c)(2) of this Section as a denial or grant ofpermit with
conditions for purposes of appeal pursuant to Section 40(d) ofthe
Act and the appeal provisions of this Part.
24
STATE OF
ILLINOIS
)
)
COUNTY OFSANGAMON)
PROOF OF SERVICE
I, the undersigned, on oath state that
I have served the attached Illinois Environmental
Protection Agency’s Motion for Acceptance, Agency Proposal of Regulations. Appearance of
Attorneys. Statement of Reasons, and
the Proposed Regulations on behalf of the
Illinois
Environmental Protection Agencyupon the person to whom it is directed, by placing acopy in an
envelope addressed
tp:
-
Dorothy M. Gunn, Clerk
General Counsel
Pollution Control Board
Office of Legal Counsel
James R. Thompson Center
Ii. Dept. of Natural Resources
100 West Randolph St., Ste 11-500
OneNatural ResourcesWay
Chicago, Illinois 60601
Springfield, Illinois 62702-1271
Matt Dunn
Environmental Bureau Chief
Office of theAttorney General
James R.Thompson Center
100 W. Randolph, 12th Floor
-
Chicago, Illinois6060L
and mailing it from Springfield, Illinois on
____________________
~L~JL
-
SUBSCRIBED AND SWORN TO BEFORE ME
this
J~ty
of
fDa
?~aK\Oer
2-c
a
-
Notary
Public
THIS FILING
IS SUBMITTED
ON RECYCLED
PAPER
