Illinois Compiled Statutes
415 ILCS 5/3.140 (2026)
Coal combustion waste
✓ current as of May 2026
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(415 ILCS 5/3.140)
(was 415 ILCS 5/3.76)
Sec. 3.140. Coal combustion waste. "Coal combustion waste"
means any CCR or any fly ash, bottom ash, slag, or flue gas or fluid bed boiler
desulfurization by-products generated as a result of the combustion of:
(1) coal, or
(2) coal in combination with: (i) fuel grade | petroleum coke, (ii) other fossil fuel, or (iii) both fuel grade petroleum coke and other fossil fuel, or |
(3) coal (with or without: (i) fuel grade petroleum | coke, (ii) other fossil fuel, or (iii) both fuel grade petroleum coke and other fossil fuel) in combination with no more than 20% of tire derived fuel or wood or other materials by weight of the materials combusted; provided that the coal is burned with other materials, the Agency has made a written determination that the storage or disposal of the resultant wastes in accordance with the provisions of item (r) of Section 21 would result in no environmental impact greater than that of wastes generated as a result of the combustion of coal alone, and the storage disposal of the resultant wastes would not violate applicable federal law. |
(Source: P.A. 101-171, eff. 7-30-19.)
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2026–2026 · leading case: Midwest Generation, LLC v. IL Pollution Control Bd., 2026 IL App (2d) 250166-U (Ill. App. Ct. 2026).
Midwest Generation, LLC v. IL Pollution Control Bd., 2026 IL App (2d) 250166-U (Ill. App. Ct. 2026). “415 ILCS 5/3.140 (West 2022). ¶3 The primary issue in this appeal is whether the Illinois Pollution Control Board (Board) correctly determined that a grassy area south of the power plant (the “grassy field”) 1 constitutes a “CCR surface impoundment.”
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