The following words and phrases, when used in these procedures, shall have the meanings relatively ascribed to them:
Act "Act" means the Illinois Environmental Protection Act (ILCS Ch. 415, Act 5, § 1 et seq.).
Agency. "Agency" is the Illinois Environmental Protection Agency (ILLS Ch. 415, Act 5, § 3.105).
Applicant. "Applicant" means any person, and must include both the owner and the proposed operator, submitting a request for site location approval for a regional pollution control facility to the city.
Board. "Board" is the Illinois Pollution Control Board (ILCS Ch. 415, Act 5, § 3.130).
Completed application. "Completed application" is an application for site location approval containing the information required by § 8.16.040, subparagraph B hereof and, accordingly, accepted for filing by the city clerk.
Department. "Department" is the Illinois Department of Energy and Natural Resources.
Disposal. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any waste or hazardous waste into or on any land or water or building or into any well so that such waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters (ILCS Ch. 415, Act 5, § 3.185).
Garbage. "Garbage" is waste resulting from the handling, processing, preparation, cooking and consumption of food, and wastes from the handling, processing, storage and sale of produce (ILCS Ch. 415, Act 5, § 3.200).
Hazardous waste. "Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating reversible, illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed, and which has been identified, by characteristics or listing, as hazardous pursuant to Section 3001 of the Resource Conservation and Recovery Act of 1976, or pursuant to board regulations (ILCS Ch. 415, Act 5, § 3.220).
Industrial process waste. "Industrial process waste" means liquid, solid, semi-solid, or gaseous waste generated as a direct or indirect result of the manufacture of a product or the performance of a service. Any such waste which would pose a present or potential threat to human health or to the environment or with inherent properties which make the disposal of such waste in a landfill difficult to manage by normal means as an industrial process waste. Industrial process waste includes but is not limited to spent pickling, liquors, cutting oils, chemical catalysts, distillation bottoms, etching acids, equipment cleanings, paint sludges, incinerator ashes, core sands, metallic dust sweepings, asbestos dust, hospital pathological wastes and off-specification, contaminated or recalled wholesale or retail products. Specifically excluded are uncontaminated packaging materials, uncontaminated machinery components, general household waste, landscape waste and construction or demolition debris (ILCS Ch. 415, Act 5, § 3.235).
Landscape waste. "Landscape waste" means all accumulations of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawns, shrubbery, vines and trees (ILCS Ch. 415, Act 5, § 3.270).
Municipal waste. "Municipal waste" means garbage, general household and commercial waste, landscape waste, and construction or demolition debris (ILCS Ch. 415, Act 5, § 3.290).
Nuisance. "Nuisance" means the doing of or the failure to do something that injuriously affects the safety, health or morals of the public, or works some substantial annoyance, inconvenience or injury to the public and all other acts designated as such (ILCS Ch. 740, Act 40, § 221 et seq.).
Operator. "Operator" is any person that operates a regional pollution control facility.
Party. "Party" means any person, including the applicant and the city, who complies with the prehearing filing requirements set forth in § 8.16.050 B. and who may be affected by the siting of the facility.
Person. "Person" is any individual, partnership, co-partnership, firm, company, corporation, joint stock company, trust estate, political
subdivision, state agency, or any other legal entity or their legal representative, agent or assigns (ILCS Ch. 415, Act 5, § 3.315).
Pollution control waste. "Pollution control waste" means any liquid, semi-solid or gaseous waste generated as a direct or indirect result of the removal of contaminants from air, water or land, and which pose a present or potential threat to human health or to the environment or with inherent properties which made the disposal of such waste in a landfill difficult to manage by normal means. Pollution control waste includes but is not limited to water and wastewater treatment plant sludges, baghouse dusts, landfill waste, scrubber sludges and chemical spill cleanings (ILLS Ch. 415, Act 5, § 3.335).
Regional pollution control facility. "Regional pollution control facility" is any waste storage site, sanitary landfill, waste disposal site, waste transfer station, waste treatment facility or waste incinerator that accepts waste from or that serves an area that exceeds or extends over the boundaries of any legal general purpose unit of government. This includes sewers, sewage treatment plants, and any other facilities owned or operated by sanitary districts organized under "An Act to create sanitary districts and to remove obstructions in the Des Plaines and Illinois Rivers", approved May 29, 1889, as now or hereafter amended. The following are not regional pollution control facilities:
1. Sites or facilities located within the boundary of a local general purpose unit of government and intended to serve only that entity;
2. Waste storage sites regulated under 40 CFR Part 761.42;
3. Sites or facilities used by any person conducting a waste storage, waste treatment, waste disposal, waste transfer or waste incineration operation, or a combination thereof, for wastes generated by such person's own activities, when such wastes are stored, treated, disposed of, transferred or incinerated within the site or facility owned, controlled, or operated by such person, or when such wastes are transported within or between sites or facilities owned, controlled or operated by such person;
4. Sites or facilities at which the state is performing removal or remedial action pursuant to Section 22.2 or 55.3;
5. Abandoned quarries used solely for the disposal of concrete, earth materials, gravel or aggregate debris resulting from road construction activities conducted by a unit of government or construction activities due to the construction and installation of underground pipes, lines, conduit or wires off of the premises of a public utility company which are conducted by public utility;
6. Site or facilities used by any person to specifically conduct a landscape composting operation;
7. Regional facilities as defined in the Central Midwest Interstate Low-Level Radioactive Waste Compact;
8. The portion of a site or facility where coal combustion wastes are stored or disposed of in accordance with subdivision (s) (2) or (s)(3) of Section 21; or
9. The portion of a site or facility used for the collection, storage or processing of waste tires as defined in Title XIV (ILLS Ch. 415, Act 5, § 53 et seq.).
A new regional pollution control facility is:
1. A regional pollution control facility initially permitted for development or construction after July 1, 1981; or
2. The area of expansion beyond the boundary of a currently permitted regional pollution control facility; or
3. A permitted regional pollution control facility requesting approval to store, dispose of, transfer or incinerate, for the first time, any special or hazardous waste (ILCS Ch. 415, Act 5, § 3.32).
Rcsource recovery. "Resource recovery" means the recovery of material or energy from waste (ILCS Ch. 415, Act 5, § 3.435).
Sanitary landfill. "Sanitary landfill" means a facility permitted by the Agency for the disposal of waste on land meeting the requirements of the Resource Conservation and Recovery Act P.L. 94-580, and regulations thereunder, and without creating nuisances or hazards to public health or safety, by confining the refuse to the smallest practical volume and covering it with a layer of earth at the conclusion of each day's operation, or by such other methods and intervals as the Board may provide by regulation (ILCS Ch. 415, Act 5, § 3.445).
Site. "Site" means any location, place, tract of land, and facilities, including but not limited to buildings and improvements used for purposes subject to regulation or control by these procedures (ILCS Ch. 415, Act 5, § 3.460).
Special waste. "Special waste" means any industrial process waste, pollution control waste or hazardous waste except as may be determined pursuant to Section 22.9 of the Act (ILLS Ch. 415, Act 5, § 3.475).
Storm. "Storage" when used in connection with hazardous waste means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste (ILCS Ch. 415, Act 5, § 3.45).
Storage site. "Storage site" is a site at which hazardous waste is stored (ILCS Ch. 415, Act 5, § 3.485).
Waste. "Waste" means any garbage, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility or other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include solid or dissolved material in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, or source, special nuclear, or byproduct materials as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 921) or any solid or dissolved material from any facility subject to the Federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-870) or the rules and regulations thereunder or any law or rule or regulation adopted by the State of Illinois pursuant thereto (ILCS Ch. 415, Act 5, § 3.535).
Waste disposal site. "Waste disposal site" is a site on which solid waste is disposed (ILCS Ch. 415, Act 5, § 3.540).
Waters. "Waters" means all accumulations of water, surface and underground, natural and artificial, public and private or parts thereof, which are wholly or partially within, flow through or border upon this state (ILCS Ch. 415, Act 5, § 3.550).
Groundwater. "Groundwater" means underground water which occurs within the saturated zone and geologic materials where the fluid pressure in the pore space is equal to or greater than atmospheric pressure (ILCS Ch. 415, Act 5, § 3.210).
Waste transfer station.
"Waste transfer station" means a facility or process required to be permitted by the agency that is so designed and operated so as to only transfer waste from vehicle to vehicle without any material or energy recovery or other processing of waste, exclusive of compacting or baling.
Unless otherwise defined herein, all words and terms used in these procedures shall have the meanings ascribed to them in the Act.
(Ord. 93-16 § I, 1992)