For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In addition, all other words used in this chapter shall have the same definitions and meanings as found in the Act.
ACT. The Environmental Protection Act, ILCS Ch. 415, Act 5, § 1 et seq. (formerly Ill. Rev. Stat. Ch. 111-1/2, Section 1001 et seq.), as amended.
AGENCY. The Illinois Environmental Protection Agency.
APPLICANT. Any person, firm or partnership, association, corporation, company, local government, joint action agency, or organization of any kind who files with the city a request for a new pollution control facility site approval pursuant to the Act.
BOARD. The Illinois Pollution Control Board.
CITY. The City of Madison, Illinois.
GOVERNING BODY OF THE MUNICIPALITY or GOVERNING BODY OF THE CITY. The Mayor and City Council of the City of Madison, Illinois.
HAZARDOUS WASTE DISPOSAL SITE. A site at which hazardous waste is disposed. HAZARDOUS WASTE is waste as defined in the Act.
HEARING OFFICER. The attorney, licensed in the State of Illinois, appointed by the Mayor and City Council, whose function is to attend and conduct public hearings on requests for a new pollution control facility site approval and to make factual findings and recommendations regarding said requests to the Mayor and City Council.
POLLUTION CONTROL FACILITY. Any waste storage site, sanitary landfill, waste disposal site, waste transfer station, waste treatment facility, or waste incinerator. This includes sewers, sewage treatment plants, and any other facilities owned or operated by sanitary districts organized under the Metropolitan Water Reclamation District Act (ILCS Ch. 70, Act 2605, § 1 et seq.). The following are not pollution control facilities:
(1) Waste storage sites regulated under 40 CFR, Part 761.42;
(2) 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;
(3) Sites or facilities at which the state is performing removal or remedial action pursuant to ILCS Ch. 415, Act 5, § 22.2 or ILCS Ch. 415, Act 5, § 55.3;
(4) 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 a public utility;
(5) Sites or facilities used by any person to specifically conduct a landscape composting operation;
(6) Regional facilities as defined in the Central Midwest Interstate Low-Level Radioactive Waste Compact (ILCS Ch. 45, Act 140, § 0.01 et seq.);
(7) The portion of a site or facility where coal combustion wastes are stored or disposed of in accordance with ILCS Ch. 415, Act 5, § 21(r)(2) or (r)(3);
(8) The portion of a site or facility used for the collection, storage or processing of waste tires as defined in Title XIV;
(9) The portion of a site or facility used for treatment of petroleum contaminated materials by application onto or incorporation into the soil surface and any portion of that site or facility used for storage of petroleum contaminated materials before treatment. Only those categories of petroleum listed in Section 57.9(a)(3) are exempt under this subdivision (9);
(10) The portion of a site or facility where used oil is collected or stored prior to shipment to a recycling or energy recovery facility, provided that the used oil is generated by households or commercial establishments, and the site or facility is a recycling center or a business where oil or gasoline is sold at retail;
(11) The portion of a site or facility utilizing coal combustion waste for stabilization and treatment of only waste generated on that site or facility when used in connection with response actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9601 et seq.), the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.), or the Illinois Environmental Protection Act (ILCS Ch. 415, Act 5, § 1 et seq.) or as authorized by the Agency;
(12) The portion of a site or facility accepting exclusively general construction or demolition debris, located in a county with a population over 700,000 as of January 1, 2000, and operated and located in accordance with ILCS Ch. 415, Act 5, § 22.38;
(13) The portion of a site or facility, located within a unit of local government that has enacted local zoning requirements, used to accept, separate, and process uncontaminated broken concrete, with or without protruding metal bars, provided that the uncontaminated broken concrete and metal bars are not speculatively accumulated, are at the site or facility no longer than one year after their acceptance, and are returned to the economic mainstream in the form of raw materials or products; and
(14) The portion of a site or facility located in a county with a population over 3,000,000 that has obtained local siting approval under ILCS Ch. 415, Act 5, § 39.2 for a municipal waste incinerator on or before July 1, 2005 and that is used for a nonhazardous waste transfer station.
NEW POLLUTION CONTROL FACILITY.
(1) A pollution control facility initially permitted for development or construction after July 1, 1981;
(2) The area of expansion beyond the boundary of a currently permitted pollution control facility; or
(3) A permitted pollution control facility requesting approval to store, dispose of, transfer or incinerate, for the first time, any special or hazardous waste.
SITE. The location of a new pollution control facility site.
(Ord. 1670, passed 6-13-2006)