415 ILCS 5/21
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title V - Land Pollution and Refuse Disposal

 (from Ch. 111 1/2, par. 1021)(Text of Section from P.A. 102-216)Sec. 21. Prohibited acts. No person shall:(a) Cause or allow the open dumping of any waste.(b) Abandon, dump, or deposit any waste upon the public highways or  other public property, except in a sanitary landfill approved by the  Agency pursuant to regulations adopted by the Board.(c) Abandon any vehicle in violation of the "Abandoned Vehicles  Amendment to the Illinois Vehicle Code", as enacted by the 76th General  Assembly.(d) Conduct any waste-storage, waste-treatment, or waste-disposal  operation:(1) without a permit granted by the Agency or in     violation of any conditions imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with regulations and standards adopted thereunder; provided, however, that, except for municipal solid waste landfill units that receive waste on or after October 9, 1993, and CCR surface impoundments, no permit shall be required for (i) any person conducting a waste-storage, waste-treatment, or waste-disposal operation for wastes generated by such person's own activities which are stored, treated, or disposed within the site where such wastes are generated, (ii) a facility located in a county with a population over 700,000 as of January 1, 2000, operated and located in accordance with Section 22.38 of this Act, and used exclusively for the transfer, storage, or treatment of general construction or demolition debris, provided that the facility was receiving construction or demolition debris on August 24, 2009 (the effective date of Public Act 96-611), or (iii) any person conducting a waste transfer, storage, treatment, or disposal operation, including, but not limited to, a waste transfer or waste composting operation, under a mass animal mortality event plan created by the Department of Agriculture;(2) in violation of any regulations or standards     adopted by the Board under this Act;(3) which receives waste after August 31, 1988, does     not have a permit issued by the Agency, and is (i) a landfill used exclusively for the disposal of waste generated at the site, (ii) a surface impoundment receiving special waste not listed in an NPDES permit, (iii) a waste pile in which the total volume of waste is greater than 100 cubic yards or the waste is stored for over one year, or (iv) a land treatment facility receiving special waste generated at the site; without giving notice of the operation to the Agency by January 1, 1989, or 30 days after the date on which the operation commences, whichever is later, and every 3 years thereafter.  The form for such notification shall be specified by the Agency, and shall be limited to information regarding: the name and address of the location of the operation; the type of operation; the types and amounts of waste stored, treated or disposed of on an annual basis; the remaining capacity of the operation; and the remaining expected life of the operation.Item (3) of this subsection (d) shall not apply to any person  engaged in agricultural activity who is disposing of a substance that  constitutes solid waste, if the substance was acquired for use by that  person on his own property, and the substance is disposed of on his own  property in accordance with regulations or standards adopted by the Board.This subsection (d) shall not apply to hazardous waste.(e) Dispose, treat, store or abandon any waste, or transport any waste  into this State for disposal, treatment, storage or abandonment, except at  a site or facility which meets the requirements of this Act and of  regulations and standards thereunder.(f) Conduct any hazardous waste-storage, hazardous waste-treatment or  hazardous waste-disposal operation:(1) without a RCRA permit for the site issued by the     Agency under subsection (d) of Section 39 of this Act, or in violation of any condition imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with regulations and standards adopted thereunder; or(2) in violation of any regulations or standards     adopted by the Board under this Act; or(3) in violation of any RCRA permit filing     requirement established under standards adopted by the Board under this Act; or(4) in violation of any order adopted by the Board     under this Act.Notwithstanding the above, no RCRA permit shall be required under this  subsection or subsection (d) of Section 39 of this Act for any  person engaged in  agricultural activity who is disposing of a substance  which has been identified as a hazardous waste, and which has been  designated by Board regulations as being subject to this exception, if the  substance was acquired for use by that person on his own property and the  substance is disposed of on his own property in accordance with regulations  or standards adopted by the Board.(g) Conduct any hazardous waste-transportation operation:(1) without registering with and obtaining a special     waste hauling permit from the Agency in accordance with the regulations adopted by the Board under this Act; or(2) in violation of any regulations or standards     adopted by the Board under this Act.(h) Conduct any hazardous waste-recycling or hazardous waste-reclamation  or hazardous waste-reuse operation in violation of any regulations, standards  or permit requirements adopted by the Board under this Act.(i) Conduct any process or engage in any act which produces hazardous  waste in violation of any regulations or standards adopted by the Board  under subsections (a) and (c) of Section 22.4 of this Act.(j) Conduct any special waste-transportation operation in violation  of any regulations, standards or permit requirements adopted by the Board  under this Act.  However, sludge from a water or sewage treatment plant  owned and operated by a unit of local government which (1) is subject to a  sludge management plan approved by the Agency or a permit granted by the  Agency, and (2) has been tested and determined not to be a hazardous waste  as required by applicable State and federal laws and regulations, may be  transported in this State without a special waste hauling permit, and the  preparation and carrying of a manifest shall not be required for such  sludge under the rules of the Pollution Control Board. The unit of local  government which operates the treatment plant producing such sludge shall  file an annual report with the Agency identifying the volume of such  sludge transported during the reporting period, the hauler of the sludge,  and the disposal sites to which it was transported. This subsection (j)  shall not apply to hazardous waste.(k) Fail or refuse to pay any fee imposed under this Act.(l) Locate a hazardous waste disposal site above an active or  inactive shaft or tunneled mine or within 2 miles of an active fault in  the earth's crust.  In counties of population less than 225,000 no  hazardous waste disposal site shall be located (1) within 1 1/2 miles of  the corporate limits as defined on June 30, 1978, of any municipality  without the approval of the governing body of the municipality in an  official action; or (2) within 1000 feet of an existing private well or  the existing source of a public water supply measured from the boundary  of the actual active permitted site and excluding existing private wells  on the property of the permit applicant. The provisions of this  subsection do not apply to publicly owned sewage works or the disposal  or utilization of sludge from publicly owned sewage works.(m) Transfer interest in any land which has been used as a  hazardous waste disposal site without written notification to the Agency  of the transfer and to the transferee of the conditions imposed by the Agency  upon its use under subsection (g) of Section 39.(n) Use any land which has been used as a hazardous waste  disposal site except in compliance with conditions imposed by the Agency  under subsection (g) of Section 39.(o) Conduct a sanitary landfill operation which is required to have a  permit under subsection (d) of this Section, in a manner which results in  any of the following conditions:(1) refuse in standing or flowing waters;(2) leachate flows entering waters of the State;(3) leachate flows exiting the landfill confines (as     determined by the boundaries established for the landfill by a permit issued by the Agency);(4) open burning of refuse in violation of Section 9     of this Act;(5) uncovered refuse remaining from any previous     operating day or at the conclusion of any operating day, unless authorized by permit;(6) failure to provide final cover within time limits     established by Board regulations;(7) acceptance of wastes without necessary permits;(8) scavenging as defined by Board regulations;(9) deposition of refuse in any unpermitted portion     of the landfill;(10) acceptance of a special waste without a required     manifest;(11) failure to submit reports required by permits or     Board regulations;(12) failure to collect and contain litter from the     site by the end of each operating day;(13) failure to submit any cost estimate for the site     or any performance bond or other security for the site as required by this Act or Board rules.The prohibitions specified in this subsection (o) shall be enforceable by  the Agency either by administrative citation under Section 31.1 of this Act  or as otherwise provided by this Act.  The specific prohibitions in this  subsection do not limit the power of the Board to establish regulations  or standards applicable to sanitary landfills.(p) In violation of subdivision (a) of this Section, cause or allow the  open dumping of any waste in a manner which results in any of the following  occurrences at the dump site:(1) litter;(2) scavenging;(3) open burning;(4) deposition of waste in standing or flowing waters;(5) proliferation of disease vectors;(6) standing or flowing liquid discharge from the     dump site;(7) deposition of:(i) general construction or demolition debris as         defined in Section 3.160(a) of this Act; or(ii) clean construction or demolition debris as         defined in Section 3.160(b) of this Act.The prohibitions specified in this subsection (p) shall be  enforceable by the Agency either by administrative citation under Section  31.1 of this Act or as otherwise provided by this Act.  The specific  prohibitions in this subsection do not limit the power of the Board to  establish regulations or standards applicable to open dumping.(q) Conduct a landscape waste composting operation without an Agency  permit, provided, however, that no permit shall be required for any person:(1) conducting a landscape waste composting operation     for landscape wastes generated by such person's own activities which are stored, treated, or disposed of within the site where such wastes are generated; or(1.5) conducting a landscape waste composting     operation that (i) has no more than 25 cubic yards of landscape waste, composting additives, composting material, or end-product compost on-site at any one time and (ii) is not engaging in commercial activity; or(2) applying landscape waste or composted landscape     waste at agronomic rates; or(2.5) operating a landscape waste composting facility     at a site having  10 or more occupied non-farm residences within 1/2 mile of its boundaries, if the facility meets all  of the following criteria:(A) the composting facility is operated by the         farmer on property on which the composting material is utilized, and the composting facility constitutes no more than 2% of the site's total acreage;(A-5)  any composting additives that the         composting facility accepts and uses at the facility are necessary to provide proper conditions for composting and do not exceed 10% of the total composting material at the facility at any one time;(B) the property on which the composting facility         is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased, or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with or controlled by any such waste hauler or generator;(C) all compost generated by the composting         facility is applied at agronomic rates and used as mulch, fertilizer, or soil conditioner on land actually farmed by the person operating the composting facility, and the finished compost is not stored at the composting site for a period longer than 18 months prior to its application as mulch, fertilizer, or soil conditioner;(D) no fee is charged for the acceptance of         materials to be composted at the facility; and(E) the owner or operator, by January 1, 2014 (or         the January 1 following commencement of operation, whichever is later) and January 1 of each year thereafter, registers the site with the Agency, (ii) reports to the Agency on the volume of composting material received and used at the site; (iii) certifies to the Agency that the site complies with the requirements set forth in subparagraphs (A), (A-5), (B), (C), and (D) of this paragraph (2.5); and (iv) certifies to the Agency that all composting material was placed more than 200 feet from the nearest potable water supply well, was placed outside the boundary of the 10-year floodplain or on a part of the site that is floodproofed, was placed at least 1/4 mile from the nearest residence (other than a residence located on the same property as the facility) or a lesser distance from the nearest residence (other than a residence located on the same property as the facility) if the municipality in which the facility is located has by ordinance approved a lesser distance than 1/4 mile, and was placed more than 5 feet above the water table;  any ordinance approving a residential setback of less than 1/4 mile that is used to meet the requirements of this subparagraph (E) of paragraph (2.5) of this subsection must specifically reference this paragraph; or(3) operating a landscape waste composting facility     on a farm, if the facility meets all of the following criteria:(A) the composting facility is operated by the         farmer on property on which the composting material is utilized, and the composting facility constitutes no more than 2% of the property's total acreage, except that the Board may allow a higher percentage for individual sites where the owner or operator has demonstrated to the Board that the site's soil characteristics or crop needs require a higher rate;(A-1) the composting facility accepts from other         agricultural operations for composting with landscape waste no materials other than uncontaminated and source-separated (i) crop residue and other agricultural plant residue generated from the production and harvesting of crops and other customary farm practices, including, but not limited to, stalks, leaves, seed pods, husks, bagasse, and roots and (ii) plant-derived animal bedding, such as straw or sawdust, that is free of manure and was not made from painted or treated wood;(A-2)  any composting additives that the         composting facility accepts and uses at   the facility are necessary to provide proper conditions for    composting and     do not exceed 10% of the total composting material at    the facility at any one time;(B) the property on which the composting facility         is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with or controlled by any such waste hauler or generator;(C) all compost generated by the composting         facility is applied at agronomic rates and used as mulch, fertilizer or soil conditioner on land actually farmed by the person operating the composting facility, and the finished compost is not stored at the composting site for a period longer than 18 months prior to its application as mulch, fertilizer, or soil conditioner;(D) the owner or operator, by January 1 of each         year, (i) registers the site with the Agency, (ii) reports to the Agency on the volume of composting material received and used at the site, (iii) certifies to the Agency that the site complies with the requirements set forth in subparagraphs (A), (A-1), (A-2), (B), and (C) of this paragraph (q)(3), and (iv) certifies to the Agency that all composting material:(I) was placed more than 200 feet from the             nearest potable water supply well;(II) was placed outside the boundary of the             10-year floodplain or on a part of the site that is floodproofed;(III) was placed either (aa) at least 1/4             mile from the nearest residence (other than a residence located on the same property as the facility) and there are not more than 10 occupied non-farm residences within 1/2 mile of the boundaries of the site on the date of application or (bb) a lesser distance from the nearest residence (other than a residence located on the same property as the facility) provided that the municipality or county in which the facility is located has by ordinance approved a lesser distance than 1/4 mile and there are not more than 10 occupied non-farm residences within 1/2 mile of the boundaries of the site on the date of application; and(IV) was placed more than 5 feet above the             water table.Any ordinance approving a residential setback of         less than 1/4 mile that is used to meet the requirements of this subparagraph (D) must specifically reference this subparagraph.For the purposes of this subsection (q), "agronomic rates" means the  application of not more than 20 tons per acre per year, except that the  Board may allow a higher rate for individual sites where the owner or  operator has demonstrated to the Board that the site's soil  characteristics or crop needs require a higher rate.(r) Cause or allow the storage or disposal of coal combustion  waste unless:(1) such waste is stored or disposed of at a site or     facility for which a permit has been obtained or is not otherwise required under subsection (d) of this Section; or(2) such waste is stored or disposed of as a part of     the design and reclamation of a site or facility which is an abandoned mine site in accordance with the Abandoned Mined Lands and Water Reclamation Act; or(3) such waste is stored or disposed of at a site or     facility which is operating under NPDES and Subtitle D permits issued by the Agency pursuant to regulations adopted by the Board for mine-related water pollution and permits issued pursuant to the federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder or any law or rule or regulation adopted by the State of Illinois pursuant thereto, and the owner or operator of the facility agrees to accept the waste; and either:(i) such waste is stored or disposed of in         accordance with requirements applicable to refuse disposal under regulations adopted by the Board for mine-related water pollution and pursuant to NPDES and Subtitle D permits issued by the Agency under such regulations; or(ii) the owner or operator of the facility         demonstrates all of the following to the Agency, and the facility is operated in accordance with the demonstration as approved by the Agency: (1) the disposal area will be covered in a manner that will support continuous vegetation, (2) the facility will be adequately protected from wind and water erosion, (3) the pH will be maintained so as to prevent excessive leaching of metal ions, and (4) adequate containment or other measures will be provided to protect surface water and groundwater from contamination at levels prohibited by this Act, the Illinois Groundwater Protection Act, or regulations adopted pursuant thereto.Notwithstanding any other provision of this Title, the disposal of coal  combustion waste pursuant to item (2) or (3) of this  subdivision (r) shall  be exempt from the other provisions of this Title V, and notwithstanding  the provisions of Title X of this Act, the Agency is authorized to grant  experimental permits which include provision for the disposal of  wastes from the combustion of coal and other materials pursuant to items  (2) and (3) of this subdivision (r).(s) After April 1, 1989, offer for transportation, transport, deliver,  receive or accept special waste for which a manifest is required, unless  the manifest indicates that the fee required under Section 22.8 of this  Act has been paid.(t) Cause or allow a lateral expansion of a municipal solid waste landfill  unit on or after October 9, 1993, without a permit modification, granted by the  Agency, that authorizes the lateral expansion.(u) Conduct any vegetable by-product treatment, storage, disposal or  transportation operation in violation of any regulation, standards or permit  requirements adopted by the Board under this Act. However, no permit shall be  required under this Title V for the land application of vegetable by-products  conducted pursuant to Agency permit issued under Title III of this Act to  the generator of the vegetable by-products. In addition, vegetable by-products  may be transported in this State without a special waste hauling permit, and  without the preparation and carrying of a manifest.(v) (Blank).(w) Conduct any generation, transportation, or recycling of construction or  demolition debris, clean or general, or uncontaminated soil generated during  construction, remodeling, repair, and demolition of utilities, structures, and  roads that is not commingled with any waste, without the maintenance of  documentation identifying the hauler, generator, place of origin of the debris  or soil, the weight or volume of the debris or soil, and the location, owner,  and operator of the facility where the debris or soil was transferred,  disposed, recycled, or treated.  This documentation must be maintained by the  generator, transporter, or recycler for 3 years.  This subsection (w) shall not apply to (1) a permitted pollution control  facility that transfers or accepts construction or demolition debris,  clean or general, or uncontaminated soil for final disposal, recycling, or  treatment, (2) a public utility (as that term is defined in the Public  Utilities Act) or a municipal utility, (3) the Illinois Department of  Transportation, or (4) a municipality or a county highway department, with  the exception of any municipality or county highway department located within a  county having a population of over 3,000,000 inhabitants or located in a county  that  is contiguous to a county having a population of over 3,000,000 inhabitants;  but it shall apply to an entity that contracts with a public utility, a  municipal utility, the Illinois Department of Transportation, or a  municipality or a county highway department.  The terms  "generation" and "recycling", as  used in this subsection, do not  apply to clean construction or demolition debris  when (i) used as fill material below grade outside of a setback zone  if covered by sufficient uncontaminated soil to support vegetation within 30  days of the completion of filling or if covered by a road or structure, (ii)  solely broken concrete without  protruding metal bars is used for erosion control, or (iii) milled  asphalt or crushed concrete is used as aggregate in construction of the  shoulder of a roadway.  The terms "generation" and "recycling", as used in this  subsection, do not apply to uncontaminated soil  that is not commingled with any waste when (i) used as fill material below  grade or contoured to grade, or (ii) used at the site of generation.  (Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22.)(Text of Section from P.A. 102-310)Sec. 21. Prohibited acts. No person shall:(a) Cause or allow the open dumping of any waste.(b) Abandon, dump, or deposit any waste upon the public highways or  other public property, except in a sanitary landfill approved by the  Agency pursuant to regulations adopted by the Board.(c) Abandon any vehicle in violation of the "Abandoned Vehicles  Amendment to the Illinois Vehicle Code", as enacted by the 76th General  Assembly.(d) Conduct any waste-storage, waste-treatment, or waste-disposal  operation:(1) without a permit granted by the Agency or in     violation of any conditions imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with regulations and standards adopted thereunder; provided, however, that, except for municipal solid waste landfill units that receive waste on or after October 9, 1993, and CCR surface impoundments, no permit shall be required for (i) any person conducting a waste-storage, waste-treatment, or waste-disposal operation for wastes generated by such person's own activities which are stored, treated, or disposed within the site where such wastes are generated, or (ii) until one year after the effective date of rules adopted by the Board under subsection (n) of Section 22.38, a facility located in a county with a population over 700,000 as of January 1, 2000, operated and located in accordance with Section 22.38 of this Act, and used exclusively for the transfer, storage, or treatment of general construction or demolition debris, provided that the facility was receiving construction or demolition debris on August 24, 2009 (the effective date of Public Act 96-611);(2) in violation of any regulations or standards     adopted by the Board under this Act; or(3) which receives waste after August 31, 1988, does     not have a permit issued by the Agency, and is (i) a landfill used exclusively for the disposal of waste generated at the site, (ii) a surface impoundment receiving special waste not listed in an NPDES permit, (iii) a waste pile in which the total volume of waste is greater than 100 cubic yards or the waste is stored for over one year, or (iv) a land treatment facility receiving special waste generated at the site; without giving notice of the operation to the Agency by January 1, 1989, or 30 days after the date on which the operation commences, whichever is later, and every 3 years thereafter.  The form for such notification shall be specified by the Agency, and shall be limited to information regarding: the name and address of the location of the operation; the type of operation; the types and amounts of waste stored, treated or disposed of on an annual basis; the remaining capacity of the operation; and the remaining expected life of the operation.Item (3) of this subsection (d) shall not apply to any person  engaged in agricultural activity who is disposing of a substance that  constitutes solid waste, if the substance was acquired for use by that  person on his own property, and the substance is disposed of on his own  property in accordance with regulations or standards adopted by the Board.This subsection (d) shall not apply to hazardous waste.(e) Dispose, treat, store or abandon any waste, or transport any waste  into this State for disposal, treatment, storage or abandonment, except at  a site or facility which meets the requirements of this Act and of  regulations and standards thereunder.(f) Conduct any hazardous waste-storage, hazardous waste-treatment or  hazardous waste-disposal operation:(1) without a RCRA permit for the site issued by the     Agency under subsection (d) of Section 39 of this Act, or in violation of any condition imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with regulations and standards adopted thereunder; or(2) in violation of any regulations or standards     adopted by the Board under this Act; or(3) in violation of any RCRA permit filing     requirement established under standards adopted by the Board under this Act; or(4) in violation of any order adopted by the Board     under this Act.Notwithstanding the above, no RCRA permit shall be required under this  subsection or subsection (d) of Section 39 of this Act for any  person engaged in  agricultural activity who is disposing of a substance  which has been identified as a hazardous waste, and which has been  designated by Board regulations as being subject to this exception, if the  substance was acquired for use by that person on his own property and the  substance is disposed of on his own property in accordance with regulations  or standards adopted by the Board.(g) Conduct any hazardous waste-transportation operation:(1) without registering with and obtaining a special     waste hauling permit from the Agency in accordance with the regulations adopted by the Board under this Act; or(2) in violation of any regulations or standards     adopted by the Board under this Act.(h) Conduct any hazardous waste-recycling or hazardous waste-reclamation  or hazardous waste-reuse operation in violation of any regulations, standards  or permit requirements adopted by the Board under this Act.(i) Conduct any process or engage in any act which produces hazardous  waste in violation of any regulations or standards adopted by the Board  under subsections (a) and (c) of Section 22.4 of this Act.(j) Conduct any special waste-transportation operation in violation  of any regulations, standards or permit requirements adopted by the Board  under this Act.  However, sludge from a water or sewage treatment plant  owned and operated by a unit of local government which (1) is subject to a  sludge management plan approved by the Agency or a permit granted by the  Agency, and (2) has been tested and determined not to be a hazardous waste  as required by applicable State and federal laws and regulations, may be  transported in this State without a special waste hauling permit, and the  preparation and carrying of a manifest shall not be required for such  sludge under the rules of the Pollution Control Board. The unit of local  government which operates the treatment plant producing such sludge shall  file an annual report with the Agency identifying the volume of such  sludge transported during the reporting period, the hauler of the sludge,  and the disposal sites to which it was transported. This subsection (j)  shall not apply to hazardous waste.(k) Fail or refuse to pay any fee imposed under this Act.(l) Locate a hazardous waste disposal site above an active or  inactive shaft or tunneled mine or within 2 miles of an active fault in  the earth's crust.  In counties of population less than 225,000 no  hazardous waste disposal site shall be located (1) within 1 1/2 miles of  the corporate limits as defined on June 30, 1978, of any municipality  without the approval of the governing body of the municipality in an  official action; or (2) within 1000 feet of an existing private well or  the existing source of a public water supply measured from the boundary  of the actual active permitted site and excluding existing private wells  on the property of the permit applicant. The provisions of this  subsection do not apply to publicly owned sewage works or the disposal  or utilization of sludge from publicly owned sewage works.(m) Transfer interest in any land which has been used as a  hazardous waste disposal site without written notification to the Agency  of the transfer and to the transferee of the conditions imposed by the Agency  upon its use under subsection (g) of Section 39.(n) Use any land which has been used as a hazardous waste  disposal site except in compliance with conditions imposed by the Agency  under subsection (g) of Section 39.(o) Conduct a sanitary landfill operation which is required to have a  permit under subsection (d) of this Section, in a manner which results in  any of the following conditions:(1) refuse in standing or flowing waters;(2) leachate flows entering waters of the State;(3) leachate flows exiting the landfill confines (as     determined by the boundaries established for the landfill by a permit issued by the Agency);(4) open burning of refuse in violation of Section 9     of this Act;(5) uncovered refuse remaining from any previous     operating day or at the conclusion of any operating day, unless authorized by permit;(6) failure to provide final cover within time limits     established by Board regulations;(7) acceptance of wastes without necessary permits;(8) scavenging as defined by Board regulations;(9) deposition of refuse in any unpermitted portion     of the landfill;(10) acceptance of a special waste without a required     manifest;(11) failure to submit reports required by permits or     Board regulations;(12) failure to collect and contain litter from the     site by the end of each operating day;(13) failure to submit any cost estimate for the site     or any performance bond or other security for the site as required by this Act or Board rules.The prohibitions specified in this subsection (o) shall be enforceable by  the Agency either by administrative citation under Section 31.1 of this Act  or as otherwise provided by this Act.  The specific prohibitions in this  subsection do not limit the power of the Board to establish regulations  or standards applicable to sanitary landfills.(p) In violation of subdivision (a) of this Section, cause or allow the  open dumping of any waste in a manner which results in any of the following  occurrences at the dump site:(1) litter;(2) scavenging;(3) open burning;(4) deposition of waste in standing or flowing waters;(5) proliferation of disease vectors;(6) standing or flowing liquid discharge from the     dump site;(7) deposition of:(i) general construction or demolition debris as         defined in Section 3.160(a) of this Act; or(ii) clean construction or demolition debris as         defined in Section 3.160(b) of this Act.The prohibitions specified in this subsection (p) shall be  enforceable by the Agency either by administrative citation under Section  31.1 of this Act or as otherwise provided by this Act.  The specific  prohibitions in this subsection do not limit the power of the Board to  establish regulations or standards applicable to open dumping.(q) Conduct a landscape waste composting operation without an Agency  permit, provided, however, that no permit shall be required for any person:(1) conducting a landscape waste composting operation     for landscape wastes generated by such person's own activities which are stored, treated, or disposed of within the site where such wastes are generated; or(1.5) conducting a landscape waste composting     operation that (i) has no more than 25 cubic yards of landscape waste, composting additives, composting material, or end-product compost on-site at any one time and (ii) is not engaging in commercial activity; or(2) applying landscape waste or composted landscape     waste at agronomic rates; or(2.5) operating a landscape waste composting facility     at a site having  10 or more occupied non-farm residences within 1/2 mile of its boundaries, if the facility meets all  of the following criteria:(A) the composting facility is operated by the         farmer on property on which the composting material is utilized, and the composting facility constitutes no more than 2% of the site's total acreage;(A-5)  any composting additives that the         composting facility accepts and uses at the facility are necessary to provide proper conditions for composting and do not exceed 10% of the total composting material at the facility at any one time;(B) the property on which the composting facility         is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased, or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with or controlled by any such waste hauler or generator;(C) all compost generated by the composting         facility is applied at agronomic rates and used as mulch, fertilizer, or soil conditioner on land actually farmed by the person operating the composting facility, and the finished compost is not stored at the composting site for a period longer than 18 months prior to its application as mulch, fertilizer, or soil conditioner;(D) no fee is charged for the acceptance of         materials to be composted at the facility; and(E) the owner or operator, by January 1, 2014 (or         the January 1 following commencement of operation, whichever is later) and January 1 of each year thereafter, registers the site with the Agency, (ii) reports to the Agency on the volume of composting material received and used at the site; (iii) certifies to the Agency that the site complies with the requirements set forth in subparagraphs (A), (A-5), (B), (C), and (D) of this paragraph (2.5); and (iv) certifies to the Agency that all composting material was placed more than 200 feet from the nearest potable water supply well, was placed outside the boundary of the 10-year floodplain or on a part of the site that is floodproofed, was placed at least 1/4 mile from the nearest residence (other than a residence located on the same property as the facility) or a lesser distance from the nearest residence (other than a residence located on the same property as the facility) if the municipality in which the facility is located has by ordinance approved a lesser distance than 1/4 mile, and was placed more than 5 feet above the water table;  any ordinance approving a residential setback of less than 1/4 mile that is used to meet the requirements of this subparagraph (E) of paragraph (2.5) of this subsection must specifically reference this paragraph; or(3) operating a landscape waste composting facility     on a farm, if the facility meets all of the following criteria:(A) the composting facility is operated by the         farmer on property on which the composting material is utilized, and the composting facility constitutes no more than 2% of the property's total acreage, except that the Board may allow a higher percentage for individual sites where the owner or operator has demonstrated to the Board that the site's soil characteristics or crop needs require a higher rate;(A-1) the composting facility accepts from other         agricultural operations for composting with landscape waste no materials other than uncontaminated and source-separated (i) crop residue and other agricultural plant residue generated from the production and harvesting of crops and other customary farm practices, including, but not limited to, stalks, leaves, seed pods, husks, bagasse, and roots and (ii) plant-derived animal bedding, such as straw or sawdust, that is free of manure and was not made from painted or treated wood;(A-2)  any composting additives that the         composting facility accepts and uses at   the facility are necessary to provide proper conditions for    composting and     do not exceed 10% of the total composting material at    the facility at any one time;(B) the property on which the composting facility         is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with or controlled by any such waste hauler or generator;(C) all compost generated by the composting         facility is applied at agronomic rates and used as mulch, fertilizer or soil conditioner on land actually farmed by the person operating the composting facility, and the finished compost is not stored at the composting site for a period longer than 18 months prior to its application as mulch, fertilizer, or soil conditioner;(D) the owner or operator, by January 1 of each         year, (i) registers the site with the Agency, (ii) reports to the Agency on the volume of composting material received and used at the site, (iii) certifies to the Agency that the site complies with the requirements set forth in subparagraphs (A), (A-1), (A-2), (B), and (C) of this paragraph (q)(3), and (iv) certifies to the Agency that all composting material:(I) was placed more than 200 feet from the             nearest potable water supply well;(II) was placed outside the boundary of the             10-year floodplain or on a part of the site that is floodproofed;(III) was placed either (aa) at least 1/4             mile from the nearest residence (other than a residence located on the same property as the facility) and there are not more than 10 occupied non-farm residences within 1/2 mile of the boundaries of the site on the date of application or (bb) a lesser distance from the nearest residence (other than a residence located on the same property as the facility) provided that the municipality or county in which the facility is located has by ordinance approved a lesser distance than 1/4 mile and there are not more than 10 occupied non-farm residences within 1/2 mile of the boundaries of the site on the date of application; and(IV) was placed more than 5 feet above the             water table.Any ordinance approving a residential setback of         less than 1/4 mile that is used to meet the requirements of this subparagraph (D) must specifically reference this subparagraph.For the purposes of this subsection (q), "agronomic rates" means the  application of not more than 20 tons per acre per year, except that the  Board may allow a higher rate for individual sites where the owner or  operator has demonstrated to the Board that the site's soil  characteristics or crop needs require a higher rate.(r) Cause or allow the storage or disposal of coal combustion  waste unless:(1) such waste is stored or disposed of at a site or     facility for which a permit has been obtained or is not otherwise required under subsection (d) of this Section; or(2) such waste is stored or disposed of as a part of     the design and reclamation of a site or facility which is an abandoned mine site in accordance with the Abandoned Mined Lands and Water Reclamation Act; or(3) such waste is stored or disposed of at a site or     facility which is operating under NPDES and Subtitle D permits issued by the Agency pursuant to regulations adopted by the Board for mine-related water pollution and permits issued pursuant to the federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder or any law or rule or regulation adopted by the State of Illinois pursuant thereto, and the owner or operator of the facility agrees to accept the waste; and either:(i) such waste is stored or disposed of in         accordance with requirements applicable to refuse disposal under regulations adopted by the Board for mine-related water pollution and pursuant to NPDES and Subtitle D permits issued by the Agency under such regulations; or(ii) the owner or operator of the facility         demonstrates all of the following to the Agency, and the facility is operated in accordance with the demonstration as approved by the Agency: (1) the disposal area will be covered in a manner that will support continuous vegetation, (2) the facility will be adequately protected from wind and water erosion, (3) the pH will be maintained so as to prevent excessive leaching of metal ions, and (4) adequate containment or other measures will be provided to protect surface water and groundwater from contamination at levels prohibited by this Act, the Illinois Groundwater Protection Act, or regulations adopted pursuant thereto.Notwithstanding any other provision of this Title, the disposal of coal  combustion waste pursuant to item (2) or (3) of this  subdivision (r) shall  be exempt from the other provisions of this Title V, and notwithstanding  the provisions of Title X of this Act, the Agency is authorized to grant  experimental permits which include provision for the disposal of  wastes from the combustion of coal and other materials pursuant to items  (2) and (3) of this subdivision (r).(s) After April 1, 1989, offer for transportation, transport, deliver,  receive or accept special waste for which a manifest is required, unless  the manifest indicates that the fee required under Section 22.8 of this  Act has been paid.(t) Cause or allow a lateral expansion of a municipal solid waste landfill  unit on or after October 9, 1993, without a permit modification, granted by the  Agency, that authorizes the lateral expansion.(u) Conduct any vegetable by-product treatment, storage, disposal or  transportation operation in violation of any regulation, standards or permit  requirements adopted by the Board under this Act. However, no permit shall be  required under this Title V for the land application of vegetable by-products  conducted pursuant to Agency permit issued under Title III of this Act to  the generator of the vegetable by-products. In addition, vegetable by-products  may be transported in this State without a special waste hauling permit, and  without the preparation and carrying of a manifest.(v) (Blank).(w) Conduct any generation, transportation, or recycling of construction or  demolition debris, clean or general, or uncontaminated soil generated during  construction, remodeling, repair, and demolition of utilities, structures, and  roads that is not commingled with any waste, without the maintenance of  documentation identifying the hauler, generator, place of origin of the debris  or soil, the weight or volume of the debris or soil, and the location, owner,  and operator of the facility where the debris or soil was transferred,  disposed, recycled, or treated.  This documentation must be maintained by the  generator, transporter, or recycler for 3 years.  This subsection (w) shall not apply to (1) a permitted pollution control  facility that transfers or accepts construction or demolition debris,  clean or general, or uncontaminated soil for final disposal, recycling, or  treatment, (2) a public utility (as that term is defined in the Public  Utilities Act) or a municipal utility, (3) the Illinois Department of  Transportation, or (4) a municipality or a county highway department, with  the exception of any municipality or county highway department located within a  county having a population of over 3,000,000 inhabitants or located in a county  that  is contiguous to a county having a population of over 3,000,000 inhabitants;  but it shall apply to an entity that contracts with a public utility, a  municipal utility, the Illinois Department of Transportation, or a  municipality or a county highway department.  The terms  "generation" and "recycling", as  used in this subsection, do not  apply to clean construction or demolition debris  when (i) used as fill material below grade outside of a setback zone  if covered by sufficient uncontaminated soil to support vegetation within 30  days of the completion of filling or if covered by a road or structure, (ii)  solely broken concrete without  protruding metal bars is used for erosion control, or (iii) milled  asphalt or crushed concrete is used as aggregate in construction of the  shoulder of a roadway.  The terms "generation" and "recycling", as used in this  subsection, do not apply to uncontaminated soil  that is not commingled with any waste when (i) used as fill material below  grade or contoured to grade, or (ii) used at the site of generation.  (Source: P.A. 101-171, eff. 7-30-19; 102-310, eff. 8-6-21.)(Text of Section from P.A. 102-558)Sec. 21. Prohibited acts. No person shall:(a) Cause or allow the open dumping of any waste.(b) Abandon, dump, or deposit any waste upon the public highways or  other public property, except in a sanitary landfill approved by the  Agency pursuant to regulations adopted by the Board.(c) Abandon any vehicle in violation of the "Abandoned Vehicles  Amendment to the Illinois Vehicle Code", as enacted by the 76th General  Assembly.(d) Conduct any waste-storage, waste-treatment, or waste-disposal  operation:(1) without a permit granted by the Agency or in     violation of any conditions imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with regulations and standards adopted thereunder; provided, however, that, except for municipal solid waste landfill units that receive waste on or after October 9, 1993, and CCR surface impoundments, no permit shall be required for (i) any person conducting a waste-storage, waste-treatment, or waste-disposal operation for wastes generated by such person's own activities which are stored, treated, or disposed within the site where such wastes are generated, or (ii) a facility located in a county with a population over 700,000 as of January 1, 2000, operated and located in accordance with Section 22.38 of this Act, and used exclusively for the transfer, storage, or treatment of general construction or demolition debris, provided that the facility was receiving construction or demolition debris on August 24, 2009 (the effective date of Public Act 96-611);(2) in violation of any regulations or standards     adopted by the Board under this Act; or(3) which receives waste after August 31, 1988, does     not have a permit issued by the Agency, and is (i) a landfill used exclusively for the disposal of waste generated at the site, (ii) a surface impoundment receiving special waste not listed in an NPDES permit, (iii) a waste pile in which the total volume of waste is greater than 100 cubic yards or the waste is stored for over one year, or (iv) a land treatment facility receiving special waste generated at the site; without giving notice of the operation to the Agency by January 1, 1989, or 30 days after the date on which the operation commences, whichever is later, and every 3 years thereafter.  The form for such notification shall be specified by the Agency, and shall be limited to information regarding: the name and address of the location of the operation; the type of operation; the types and amounts of waste stored, treated or disposed of on an annual basis; the remaining capacity of the operation; and the remaining expected life of the operation.Item (3) of this subsection (d) shall not apply to any person  engaged in agricultural activity who is disposing of a substance that  constitutes solid waste, if the substance was acquired for use by that  person on his own property, and the substance is disposed of on his own  property in accordance with regulations or standards adopted by the Board.This subsection (d) shall not apply to hazardous waste.(e) Dispose, treat, store or abandon any waste, or transport any waste  into this State for disposal, treatment, storage or abandonment, except at  a site or facility which meets the requirements of this Act and of  regulations and standards thereunder.(f) Conduct any hazardous waste-storage, hazardous waste-treatment or  hazardous waste-disposal operation:(1) without a RCRA permit for the site issued by the     Agency under subsection (d) of Section 39 of this Act, or in violation of any condition imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with regulations and standards adopted thereunder; or(2) in violation of any regulations or standards     adopted by the Board under this Act; or(3) in violation of any RCRA permit filing     requirement established under standards adopted by the Board under this Act; or(4) in violation of any order adopted by the Board     under this Act.Notwithstanding the above, no RCRA permit shall be required under this  subsection or subsection (d) of Section 39 of this Act for any  person engaged in  agricultural activity who is disposing of a substance  which has been identified as a hazardous waste, and which has been  designated by Board regulations as being subject to this exception, if the  substance was acquired for use by that person on his own property and the  substance is disposed of on his own property in accordance with regulations  or standards adopted by the Board.(g) Conduct any hazardous waste-transportation operation:(1) without registering with and obtaining a special     waste hauling permit from the Agency in accordance with the regulations adopted by the Board under this Act; or(2) in violation of any regulations or standards     adopted by the Board under this Act.(h) Conduct any hazardous waste-recycling or hazardous waste-reclamation  or hazardous waste-reuse operation in violation of any regulations, standards  or permit requirements adopted by the Board under this Act.(i) Conduct any process or engage in any act which produces hazardous  waste in violation of any regulations or standards adopted by the Board  under subsections (a) and (c) of Section 22.4 of this Act.(j) Conduct any special waste-transportation operation in violation  of any regulations, standards or permit requirements adopted by the Board  under this Act.  However, sludge from a water or sewage treatment plant  owned and operated by a unit of local government which (1) is subject to a  sludge management plan approved by the Agency or a permit granted by the  Agency, and (2) has been tested and determined not to be a hazardous waste  as required by applicable State and federal laws and regulations, may be  transported in this State without a special waste hauling permit, and the  preparation and carrying of a manifest shall not be required for such  sludge under the rules of the Pollution Control Board. The unit of local  government which operates the treatment plant producing such sludge shall  file an annual report with the Agency identifying the volume of such  sludge transported during the reporting period, the hauler of the sludge,  and the disposal sites to which it was transported. This subsection (j)  shall not apply to hazardous waste.(k) Fail or refuse to pay any fee imposed under this Act.(l) Locate a hazardous waste disposal site above an active or  inactive shaft or tunneled mine or within 2 miles of an active fault in  the earth's crust.  In counties of population less than 225,000 no  hazardous waste disposal site shall be located (1) within 1 1/2 miles of  the corporate limits as defined on June 30, 1978, of any municipality  without the approval of the governing body of the municipality in an  official action; or (2) within 1000 feet of an existing private well or  the existing source of a public water supply measured from the boundary  of the actual active permitted site and excluding existing private wells  on the property of the permit applicant. The provisions of this  subsection do not apply to publicly owned sewage works or the disposal  or utilization of sludge from publicly owned sewage works.(m) Transfer interest in any land which has been used as a  hazardous waste disposal site without written notification to the Agency  of the transfer and to the transferee of the conditions imposed by the Agency  upon its use under subsection (g) of Section 39.(n) Use any land which has been used as a hazardous waste  disposal site except in compliance with conditions imposed by the Agency  under subsection (g) of Section 39.(o) Conduct a sanitary landfill operation which is required to have a  permit under subsection (d) of this Section, in a manner which results in  any of the following conditions:(1) refuse in standing or flowing waters;(2) leachate flows entering waters of the State;(3) leachate flows exiting the landfill confines (as     determined by the boundaries established for the landfill by a permit issued by the Agency);(4) open burning of refuse in violation of Section 9     of this Act;(5) uncovered refuse remaining from any previous     operating day or at the conclusion of any operating day, unless authorized by permit;(6) failure to provide final cover within time limits     established by Board regulations;(7) acceptance of wastes without necessary permits;(8) scavenging as defined by Board regulations;(9) deposition of refuse in any unpermitted portion     of the landfill;(10) acceptance of a special waste without a required     manifest;(11) failure to submit reports required by permits or     Board regulations;(12) failure to collect and contain litter from the     site by the end of each operating day;(13) failure to submit any cost estimate for the site     or any performance bond or other security for the site as required by this Act or Board rules.The prohibitions specified in this subsection (o) shall be enforceable by  the Agency either by administrative citation under Section 31.1 of this Act  or as otherwise provided by this Act.  The specific prohibitions in this  subsection do not limit the power of the Board to establish regulations  or standards applicable to sanitary landfills.(p) In violation of subdivision (a) of this Section, cause or allow the  open dumping of any waste in a manner which results in any of the following  occurrences at the dump site:(1) litter;(2) scavenging;(3) open burning;(4) deposition of waste in standing or flowing waters;(5) proliferation of disease vectors;(6) standing or flowing liquid discharge from the     dump site;(7) deposition of:(i) general construction or demolition debris as         defined in Section 3.160(a) of this Act; or(ii) clean construction or demolition debris as         defined in Section 3.160(b) of this Act.The prohibitions specified in this subsection (p) shall be  enforceable by the Agency either by administrative citation under Section  31.1 of this Act or as otherwise provided by this Act.  The specific  prohibitions in this subsection do not limit the power of the Board to  establish regulations or standards applicable to open dumping.(q) Conduct a landscape waste composting operation without an Agency  permit, provided, however, that no permit shall be required for any person:(1) conducting a landscape waste composting operation     for landscape wastes generated by such person's own activities which are stored, treated, or disposed of within the site where such wastes are generated; or(1.5) conducting a landscape waste composting     operation that (i) has no more than 25 cubic yards of landscape waste, composting additives, composting material, or end-product compost on-site at any one time and (ii) is not engaging in commercial activity; or(2) applying landscape waste or composted landscape     waste at agronomic rates; or(2.5) operating a landscape waste composting facility     at a site having  10 or more occupied non-farm residences within 1/2 mile of its boundaries, if the facility meets all  of the following criteria:(A) the composting facility is operated by the         farmer on property on which the composting material is utilized, and the composting facility constitutes no more than 2% of the site's total acreage;(A-5)  any composting additives that the         composting facility accepts and uses at the facility are necessary to provide proper conditions for composting and do not exceed 10% of the total composting material at the facility at any one time;(B) the property on which the composting facility         is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased, or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with or controlled by any such waste hauler or generator;(C) all compost generated by the composting         facility is applied at agronomic rates and used as mulch, fertilizer, or soil conditioner on land actually farmed by the person operating the composting facility, and the finished compost is not stored at the composting site for a period longer than 18 months prior to its application as mulch, fertilizer, or soil conditioner;(D) no fee is charged for the acceptance of         materials to be composted at the facility; and(E) the owner or operator, by January 1, 2014 (or         the January 1 following commencement of operation, whichever is later) and January 1 of each year thereafter, registers the site with the Agency, (ii) reports to the Agency on the volume of composting material received and used at the site; (iii) certifies to the Agency that the site complies with the requirements set forth in subparagraphs (A), (A-5), (B), (C), and (D) of this paragraph (2.5); and (iv) certifies to the Agency that all composting material was placed more than 200 feet from the nearest potable water supply well, was placed outside the boundary of the 10-year floodplain or on a part of the site that is floodproofed, was placed at least 1/4 mile from the nearest residence (other than a residence located on the same property as the facility) or a lesser distance from the nearest residence (other than a residence located on the same property as the facility) if the municipality in which the facility is located has by ordinance approved a lesser distance than 1/4 mile, and was placed more than 5 feet above the water table;  any ordinance approving a residential setback of less than 1/4 mile that is used to meet the requirements of this subparagraph (E) of paragraph (2.5) of this subsection must specifically reference this paragraph; or(3) operating a landscape waste composting facility     on a farm, if the facility meets all of the following criteria:(A) the composting facility is operated by the         farmer on property on which the composting material is utilized, and the composting facility constitutes no more than 2% of the property's total acreage, except that the Board may allow a higher percentage for individual sites where the owner or operator has demonstrated to the Board that the site's soil characteristics or crop needs require a higher rate;(A-1) the composting facility accepts from other         agricultural operations for composting with landscape waste no materials other than uncontaminated and source-separated (i) crop residue and other agricultural plant residue generated from the production and harvesting of crops and other customary farm practices, including, but not limited to, stalks, leaves, seed pods, husks, bagasse, and roots and (ii) plant-derived animal bedding, such as straw or sawdust, that is free of manure and was not made from painted or treated wood;(A-2)  any composting additives that the         composting facility accepts and uses at   the facility are necessary to provide proper conditions for    composting and     do not exceed 10% of the total composting material at    the facility at any one time;(B) the property on which the composting facility         is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with or controlled by any such waste hauler or generator;(C) all compost generated by the composting         facility is applied at agronomic rates and used as mulch, fertilizer or soil conditioner on land actually farmed by the person operating the composting facility, and the finished compost is not stored at the composting site for a period longer than 18 months prior to its application as mulch, fertilizer, or soil conditioner;(D) the owner or operator, by January 1 of each         year, (i) registers the site with the Agency, (ii) reports to the Agency on the volume of composting material received and used at the site, (iii) certifies to the Agency that the site complies with the requirements set forth in subparagraphs (A), (A-1), (A-2), (B), and (C) of this paragraph (q)(3), and (iv) certifies to the Agency that all composting material:(I) was placed more than 200 feet from the             nearest potable water supply well;(II) was placed outside the boundary of the             10-year floodplain or on a part of the site that is floodproofed;(III) was placed either (aa) at least 1/4             mile from the nearest residence (other than a residence located on the same property as the facility) and there are not more than 10 occupied non-farm residences within 1/2 mile of the boundaries of the site on the date of application or (bb) a lesser distance from the nearest residence (other than a residence located on the same property as the facility) provided that the municipality or county in which the facility is located has by ordinance approved a lesser distance than 1/4 mile and there are not more than 10 occupied non-farm residences within 1/2 mile of the boundaries of the site on the date of application; and(IV) was placed more than 5 feet above the             water table.Any ordinance approving a residential setback of         less than 1/4 mile that is used to meet the requirements of this subparagraph (D) must specifically reference this subparagraph.For the purposes of this subsection (q), "agronomic rates" means the  application of not more than 20 tons per acre per year, except that the  Board may allow a higher rate for individual sites where the owner or  operator has demonstrated to the Board that the site's soil  characteristics or crop needs require a higher rate.(r) Cause or allow the storage or disposal of coal combustion  waste unless:(1) such waste is stored or disposed of at a site or     facility for which a permit has been obtained or is not otherwise required under subsection (d) of this Section; or(2) such waste is stored or disposed of as a part of     the design and reclamation of a site or facility which is an abandoned mine site in accordance with the Abandoned Mined Lands and Water Reclamation Act; or(3) such waste is stored or disposed of at a site or     facility which is operating under NPDES and Subtitle D permits issued by the Agency pursuant to regulations adopted by the Board for mine-related water pollution and permits issued pursuant to the federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder or any law or rule or regulation adopted by the State of Illinois pursuant thereto, and the owner or operator of the facility agrees to accept the waste; and either:(i) such waste is stored or disposed of in         accordance with requirements applicable to refuse disposal under regulations adopted by the Board for mine-related water pollution and pursuant to NPDES and Subtitle D permits issued by the Agency under such regulations; or(ii) the owner or operator of the facility         demonstrates all of the following to the Agency, and the facility is operated in accordance with the demonstration as approved by the Agency: (1) the disposal area will be covered in a manner that will support continuous vegetation, (2) the facility will be adequately protected from wind and water erosion, (3) the pH will be maintained so as to prevent excessive leaching of metal ions, and (4) adequate containment or other measures will be provided to protect surface water and groundwater from contamination at levels prohibited by this Act, the Illinois Groundwater Protection Act, or regulations adopted pursuant thereto.Notwithstanding any other provision of this Title, the disposal of coal  combustion waste pursuant to item (2) or (3) of this  subdivision (r) shall  be exempt from the other provisions of this Title V, and notwithstanding  the provisions of Title X of this Act, the Agency is authorized to grant  experimental permits which include provision for the disposal of  wastes from the combustion of coal and other materials pursuant to items  (2) and (3) of this subdivision (r).(s) After April 1, 1989, offer for transportation, transport, deliver,  receive or accept special waste for which a manifest is required, unless  the manifest indicates that the fee required under Section 22.8 of this  Act has been paid.(t) Cause or allow a lateral expansion of a municipal solid waste landfill  unit on or after October 9, 1993, without a permit modification, granted by the  Agency, that authorizes the lateral expansion.(u) Conduct any vegetable by-product treatment, storage, disposal or  transportation operation in violation of any regulation, standards or permit  requirements adopted by the Board under this Act. However, no permit shall be  required under this Title V for the land application of vegetable by-products  conducted pursuant to Agency permit issued under Title III of this Act to  the generator of the vegetable by-products. In addition, vegetable by-products  may be transported in this State without a special waste hauling permit, and  without the preparation and carrying of a manifest.(v) (Blank).(w) Conduct any generation, transportation, or recycling of construction or  demolition debris, clean or general, or uncontaminated soil generated during  construction, remodeling, repair, and demolition of utilities, structures, and  roads that is not commingled with any waste, without the maintenance of  documentation identifying the hauler, generator, place of origin of the debris  or soil, the weight or volume of the debris or soil, and the location, owner,  and operator of the facility where the debris or soil was transferred,  disposed, recycled, or treated.  This documentation must be maintained by the  generator, transporter, or recycler for 3 years.  This subsection (w) shall not apply to (1) a permitted pollution control  facility that transfers or accepts construction or demolition debris,  clean or general, or uncontaminated soil for final disposal, recycling, or  treatment, (2) a public utility (as that term is defined in the Public  Utilities Act) or a municipal utility, (3) the Illinois Department of  Transportation, or (4) a municipality or a county highway department, with  the exception of any municipality or county highway department located within a  county having a population of over 3,000,000 inhabitants or located in a county  that  is contiguous to a county having a population of over 3,000,000 inhabitants;  but it shall apply to an entity that contracts with a public utility, a  municipal utility, the Illinois Department of Transportation, or a  municipality or a county highway department.  The terms  "generation" and "recycling", as  used in this subsection, do not  apply to clean construction or demolition debris  when (i) used as fill material below grade outside of a setback zone  if covered by sufficient uncontaminated soil to support vegetation within 30  days of the completion of filling or if covered by a road or structure, (ii)  solely broken concrete without  protruding metal bars is used for erosion control, or (iii) milled  asphalt or crushed concrete is used as aggregate in construction of the  shoulder of a roadway.  The terms "generation" and "recycling", as used in this  subsection, do not apply to uncontaminated soil  that is not commingled with any waste when (i) used as fill material below  grade or contoured to grade, or (ii) used at the site of generation.  (Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)