Bill Text: IL HB4098 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Environmental Protection Act. Requires a landfill located within 1000 feet of the right of way of a township or county road or State or interstate highway to have its operations screened from view by a barrier no less than 8 feet in height. Provides that no part of a landfill may be located closer than 1000 feet from specified buildings unless the owner of the building provides written permission. Preempts home rule. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4098 Detail]

Download: Illinois-2019-HB4098-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4098 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
415 ILCS 5/22.14a new
Amends the Environmental Protection Act. Requires a landfill located within 1000 feet of the right of way of a township or county road or State or interstate highway to have its operations screened from view by a barrier no less than 8 feet in height. Provides that no part of a landfill may be located closer than 1000 feet from specified buildings unless the owner of the building provides written permission. Preempts home rule. Effective immediately.
LRB101 14900 CPF 63886 b
A BILL FOR
HB4098 LRB101 14900 CPF 63886 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
adding Section 22.14a as follows:
(415 ILCS 5/22.14a new)
Sec. 22.14a. Landfill setback.
(a) A landfill located within 1000 feet of the right of way
of a township or county road or State or interstate highway
must have its operations screened from view by a barrier of
natural objects, fences, barricades, or plants no less than 8
feet in height.
(b) No part of a landfill may be located closer than 1000
feet from an occupied dwelling, school, or hospital that was
occupied on the date when the operator first applied for a
permit to develop the landfill, unless the owner of the
dwelling, school, or hospital provides permission to the
operator, in writing, for a closer distance.
(c) For purposes of this Section, "landfill" has the same
meaning as defined in Section 22.6 of this Act.
(d) The regulation of landfill setbacks is an exclusive
power and function of the State. A home rule unit may not
regulate landfill setbacks. This Section is a denial and

HB4098 - 2 - LRB101 14900 CPF 63886 b
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
Section 99. Effective date. This Act takes effect upon
becoming law.