Environmental Progress - Summer 2003

"Green" Legislation Spanned Wide Spectrum in 2003 Session

Bills ranged from mercury thermometers to FPAs to new fees

The Illinois General Assembly approved and Gov. Rod R. Blagojevich signed environmental legislation this year ranging from a ban on mercury fever thermometers to creating new and expanded fees for various environmental permits and activities.

Other legislation addressed clean construction and demolition debris and Facility Planning Areas.

House Bill 1530 (Public Act 93-165) prohibits the manufacture, retail sale and distribution of mercury fever thermometers and the sale of mercury-added novelty items after July 1, 2004. The legislation was supported by Illinois EPA as part of the Agency's initiative to reduce mercury in our environment, which has included several mercury thermometer exchanges.

New fees imposed, others increased

Senate Bill 1903 (Public Act 93-32) implements the state budget for the fiscal year starting July 1. It includes new Illinois EPA fees for National Pollutant Discharge Elimination System permits, such as for wastewater treatment; sludge and stormwater discharges; construction permits for industrial treatment, pretreatment or wastewater sources; water quality certifications; a new air pollution control construction permit fee and an asbestos removal notification fee. The legislation also increased some existing fees, including Clean Air Act Permit (Title 5) fees; non-Title 5 air operating permits; solid waste tipping and manifest fees; Subtitle D tipping fees, hazardous waste tipping fees and manifest fees; potentially infectious medical waste disposal, transporter and manifest fees. Also increased were sewer line and water main construction permit fees.

Gov. Blagojevich announced in his budget message in April that revenue from the fee changes would be used to replace most of the state General Revenue Fund support for Illinois EPA.

The legislation raised the previous $1 per tire fee for the Used Tire Management Fund to $2. Revenue from the fund is allocated among the Illinois EPA, the Illinois Department of Natural Resources and the Illinois Department of Public Health for programs and activities addressing disposal and health issues raised by improper disposal of used tires. In addition, a temporary additional increase of 50 cents per tire was earmarked for grants to local health departments to combat the West Nile virus.

Senate Bill 268 (Public Act 93-179) permits clean construction and demolition debris to be used as fill above grade if it is placed no higher than the highest point of elevation on the property prior to the filling and is used as fill within 20 days of being generated. The city of Chicago is exempted.

New Approach to Facility Planning Areas

House Bill 1250 (Public Act 93-313) creates the Facility Planning Area Rules Act that requires Illinois EPA to propose new rules related to facility planning areas (FPAs). FPAs are areas that were originally created to assess the needs and abilities of wastewater treatment facilities located within the area. The legislation calls for a Facility Planning Area Stakeholder Group to make recommendations and for the Illinois EPA to propose findings related to nonpoint source pollution management, construction site runoff, urban runoff, consistency with anti-degradation regulations, alternative analysis, interagency coordination, alternative dispute resolution, and consistency with land use and resource protection plans.

House Bill 910 (Public Act 93-260) authorizes an expedited RCRA (federal Resource Conservation and Recovery Act) program permit application for corrective action at a hazardous waste management facility for a fee of no more than $5,000 plus additional staff time expense.

Tax reduction for "green" dry cleaning solvents

Senate Bill 1000 (Public Act 93-201) extends the Drycleaner Environmental Response Fund tax on perchloroethylene cleaning solvents and provides for half the rate for alternative drycleaning solvents that are environmentally preferable. It also makes additional changes to encourage the use of "green" solvents.

Senate Bill 222 (Public Act 93-0152) contains largely technical "cleanup" changes to the Illinois Environmental Protection Act recommended by the Illinois Environmental Regulatory Review Commission. Changes included transferred authority for granting provisional variances from the Pollution Control Board to IEPA. The legislation creates a new Oil Spill Response Fund that would be used for Agency expenses for responding to petroleum releases.