SB 1089

Abstract

Amends the Assisted Living and Shared Housing Act. Makes a technical change in a Section concerning conversion of facilities. Senate Floor Amendment No. 3 Deletes reference to: 210 ILCS 9/145 Adds reference to: 415 ILCS 5/3.160 was 415 ILCS 5/3.78 and 3.78a 415 ILCS 5/3.330 was 415 ILCS 5/3.32 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 415 ILCS 5/22.15 from Ch. 111 1/2, par. 1022.15 415 ILCS 5/22.38 415 ILCS 5/31.1 from Ch. 111 1/2, par. 1031.1 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 415 ILCS 5/22.38a rep. Replaces everything after the enacting clause. Amends the Environmental Protection Act. Defines "general construction or demolition debris recovery facility". Provides that for the disposal of solid waste from general construction or demolition debris recovery facilities, the total fee, tax, or surcharge imposed by all units of local government upon the solid waste disposal facility shall not exceed 50% of the applicable amount. Changes a provision concerning facilities accepting exclusively general construction or demolition debris for transfer, storage, or treatment to apply to general construction or demolition recovery facilities. Includes additional requirements for a general construction or demolition debris recovery facility. Changes or deletes certain requirements for a general construction or demolition debris recovery facility. In the provision regarding general construction or demolition debris recovery facility, removes or changes provisions regarding the use of the following terms: "treatment"; "recovered wood that is processed for use as fuel"; "non-recyclable general construction or demolition debris"; and "general construction or demolition debris that is process for use at a landfill". Provides that no person shall: cause or allow the acceptance of any waste at a general construction or demolition debris recovery facility, other than general construction or demolition debris; cause or allow the deposit or other placement of general construction or demolition debris that is received at a general construction or demolition debris recovery facility into or on any land or water; beginning one year after the effective date of rules adopted by the Pollution Control Board, own or operate a general construction or demolition debris recovery facility without a permit issued by the Environmental Protection Agency; and cause or allow the storage or treatment of general construction or demolition debris in violation of the Act, any regulations or standards adopted under the Act, or any condition of a permit issued under the Act. Requires the Agency to propose, and the Board to adopt, rules for permitting the operation of general construction or demolition debris recovery facilities. Provides for administrative citations and civil penalties regarding violations of the provision regarding general construction or demolition debris recovery facilities, including a civil penalty of $1,500 for each violation, plus any hearing costs incurred by the Board and the Agency, and a civil penalty of $3,000 for a second or subsequent violation. Makes other changes. Makes conforming changes. Repeals a provision regarding the limitation on fees assessed by local government on facilities accepting exclusively general construction and demolition debris. Effective immediately. House Floor Amendment No. 1 Adds reference to: 415 ILCS 5/22.44 Refers to general construction or demolition debris recovery facilities as defined in specified provisions (rather than subject to specified provisions). Provides that an owner or operator of a general construction or demolition debris recovery facility shall ensure that no less than 40% of the total general construction or demolition debris is received at the facility (rather than shall, at a minimum, recycle 40% of the total general construction or demolition debris) on a rolling 12-month average basis. Provides an exemption from causing or allowing the deposit of any general construction or demolition debris that is received at a general construction or demolition debris recovery facility if the clean construction or demolition debris is used as fill or road construction material at the clean construction or demolition debris fill operation if the clean construction or demolition debris is separated and managed separately from other general construction or demolition debris and otherwise meets the requirements applicable to clean construction or demolition debris at a clean construction or demolition debris fill operation (rather than if the general construction or demolition debris (i) meets the definition of clean construction or demolition debris in specified provisions and (ii) has been returned to the economic mainstream in the form of a raw material or product). Provides that an exemption from a subtitle D management fee shall not apply to general construction or demolition debris recovery facilities. Makes other changes.