Public Act 097-0137
 
HB3371 EnrolledLRB097 10931 JDS 51492 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 
changing Sections 3.160, 22.51, and 22.51a as follows:
 
    (415 ILCS 5/3.160)  (was 415 ILCS 5/3.78 and 3.78a)
    Sec. 3.160. Construction or demolition debris. 
    (a) "General construction or demolition debris" means 
non-hazardous,
uncontaminated materials resulting from the 
construction, remodeling, repair,
and demolition of utilities, 
structures, and roads, limited to the following:
bricks, 
concrete, and other masonry materials; soil; rock; wood, 
including
non-hazardous painted, treated, and coated wood and 
wood products; wall
coverings;  plaster; drywall; plumbing 
fixtures; non-asbestos insulation;
roofing shingles and other 
roof coverings; reclaimed or other asphalt pavement; glass;

plastics that are not sealed in a manner that conceals waste; 
electrical
wiring and components containing no hazardous 
substances; and corrugated cardboard, piping or metals

incidental to any of those materials.
    General construction or demolition debris does not include 
uncontaminated
soil generated during construction, remodeling, 
repair, and demolition of
utilities, structures, and roads 
provided the uncontaminated soil is not
commingled with any 
general construction or demolition debris or other waste.
    To the extent allowed by federal law, uncontaminated 
concrete with protruding rebar shall be considered clean 
construction or demolition debris and shall not be considered 
"waste" if it is separated or processed and returned to the 
economic mainstream in the form of raw materials or products 
within 4 years of its generation, if it is not speculatively 
accumulated and, if used as a fill material, it is used in 
accordance with item (i) in subsection (b) of this Section.

    (b) "Clean construction or demolition debris" means

uncontaminated broken concrete without protruding metal bars, 
bricks, rock,
stone, reclaimed or other asphalt pavement, or 
soil generated from construction or
demolition activities.
    Clean construction or demolition debris does not include 
uncontaminated soil
generated during construction, remodeling, 
repair, and demolition of utilities,
structures, and roads 
provided the uncontaminated soil is not commingled with
any 
clean construction or demolition debris or other waste.
    To the extent allowed by federal law, clean construction or 
demolition debris
shall not be considered "waste" if it is (i) 
used as fill material outside of a setback zone if the fill is 
placed no higher than the
highest point of elevation existing 
prior to the filling immediately adjacent
to the fill area, and 
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, and, if used as fill material 
in a current or former quarry, mine, or other excavation, is 
used in accordance with the requirements of Section 22.51 of 
this Act and the rules adopted thereunder or (ii) separated or 
processed and returned to the
economic mainstream in the form 
of raw materials or products, if it is not
speculatively 
accumulated and, if used as a fill material, it is used in

accordance with item (i), or (iii) solely
broken concrete 
without protruding metal bars used for erosion control, or
(iv) 
generated from the construction or demolition of a building, 
road, or
other structure and used to construct, on the site 
where the construction or
demolition has taken place, a manmade

functional structure not to exceed 20 feet above the highest 
point of
elevation of the property immediately adjacent to the 
new manmade functional
structure as that elevation existed 
prior to the creation of that new
structure,
provided that the 
structure shall be covered with sufficient soil
materials to 
sustain vegetation or by a road or structure, and further

provided that no such structure shall be constructed within
a 
home rule municipality with a population over 500,000 without 
the consent
of the municipality.

    For purposes of this subsection (b), reclaimed or other 
asphalt pavement shall not be considered speculatively 
accumulated if: (i) it is not commingled with any other clean 
construction or demolition debris or any waste; (ii) it is 
returned to the economic mainstream in the form of raw 
materials or products within 4 years after its generation; 
(iii) at least 25% of the total amount present at a site during 
a calendar year is transported off of the site during the next 
calendar year; and (iv) if used as a fill material, it is used 
in accordance with item (i) of the second  paragraph of this 
subsection (b).

    (c)  For purposes of this Section, the term "uncontaminated 
soil" means soil that does not contain contaminants in 
concentrations that pose a threat to human health and safety 
and the environment.
        (1) No later than one year after the effective date of 
    this amendatory Act of the 96th General Assembly, the 
    Agency shall propose, and, no later than one year after 
    receipt of the Agency's proposal, the Board shall adopt, 
    rules specifying the maximum concentrations of 
    contaminants that may be present in uncontaminated soil for 
    purposes of this Section.  For carcinogens, the maximum 
    concentrations shall not allow exposure to exceed an excess 
    upper-bound lifetime risk of 1 in 1,000,000; provided that 
    if the most stringent remediation objective or applicable 
    background concentration for a contaminant set forth in 35 
    Ill. Adm. Code 742 is greater than the concentration that 
    would allow exposure at an excess upper-bound lifetime risk 
    of 1 in 1,000,000, the Board may consider allowing that 
    contaminant in concentrations up to its most stringent 
    remediation objective or applicable background 
    concentration set forth in benzo(a)pyrene up to the 
    applicable background concentration set forth in Table H of 
    Appendix A of 35 Ill. Adm. Code 742 in soil used as fill 
    material in a current or former quarry, mine, or other 
    excavation in accordance with Section 22.51 or 22.51a of 
    this Act and rules adopted under those Sections.  Any 
    background concentration set forth in 35 Ill. Adm. Code 742 
    that is adopted as a maximum concentration must be , so long 
    as the applicable background concentration is based upon 
    the location of the quarry, mine, or other excavation where 
    the soil is used as fill material.
        (2) To the extent allowed under federal law and 
    regulations, uncontaminated soil shall not be considered a 
    waste. 
(Source: P.A. 95-121, eff. 8-13-07; 96-235, eff. 8-11-09; 
96-1416, eff. 7-30-10.)
 
    (415 ILCS 5/22.51)

    Sec. 22.51. Clean Construction or Demolition Debris Fill 
Operations.
    (a) No person shall conduct any clean construction or 
demolition debris fill operation in violation of this Act or 
any regulations or standards adopted by the Board.
    (b)(1)(A) Beginning August 18, 2005 but prior to July 1, 
2008, no person shall use clean construction or demolition 
debris as fill material in a current or former quarry, mine, or 
other excavation, unless they have applied for an interim 
authorization from the Agency for the clean construction or 
demolition debris fill operation.
    (B) The Agency shall approve an interim authorization upon 
its receipt of a written application for the interim 
authorization that is signed by the site owner and the site 
operator, or their duly authorized agent, and that contains the 
following information: (i) the location of the site where the 
clean construction or demolition debris fill operation is 
taking place, (ii) the name and address of the site owner, 
(iii) the name and address of the site operator, and (iv) the 
types and amounts of clean construction or demolition debris 
being used as fill material at the site.
    (C) The Agency may deny an interim authorization if the 
site owner or the site operator, or their duly authorized 
agent, fails to provide to the Agency the information listed in 
subsection (b)(1)(B) of
this Section. Any denial of an interim 
authorization shall be subject to appeal to the Board in 
accordance with the procedures of Section 40 of this Act.
    (D) No person shall use clean construction or demolition 
debris as fill material in a current or former quarry, mine, or 
other excavation for which the Agency has denied interim 
authorization under subsection (b)(1)(C) of this Section. The 
Board may stay the prohibition of this subsection (D) during 
the pendency of an appeal of the Agency's denial of the interim 
authorization brought under subsection (b)(1)(C) of this 
Section.
    (2) Beginning September 1, 2006, owners and
operators of 
clean construction or demolition debris fill operations shall, 
in accordance with a schedule prescribed by the Agency, submit 
to the Agency applications for the
permits required under this 
Section. The Agency shall notify owners and operators in 
writing of the due date for their permit application. The due 
date shall be no less than 90 days after the date of the 
Agency's written notification. Owners and operators who do not 
receive a written notification from the Agency by October 1, 
2007, shall submit a permit application to the Agency by 
January 1, 2008. The interim authorization of owners and 
operators who fail to submit a permit application to the Agency 
by the permit application's due date shall terminate on (i) the 
due
date established by the Agency if the owner or operator 
received a written notification from the Agency prior to

October 1, 2007, or (ii) or January 1, 2008, if the owner or 
operator did not receive a written notification from the  Agency 
by October 1, 2007.
    (3) On and after July 1, 2008, no person shall use clean 
construction or demolition debris as fill material in a current 
or former quarry, mine, or other excavation (i) without a 
permit granted by the Agency for the clean construction or 
demolition debris fill operation 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 Board regulations and standards adopted under this 
Act or (ii) in violation of any regulations or standards 
adopted by the Board under this Act.
    (4) This subsection (b) does not apply to:
        (A) the use of clean construction or demolition debris 
    as fill material in a current or former quarry, mine, or 
    other excavation located on the site where the clean 
    construction or demolition debris was generated;
        (B) the use of clean construction or demolition debris 
    as fill material in an excavation other than a current or 
    former quarry or mine if this use complies with Illinois 
    Department of Transportation specifications; or


        (C) current or former quarries, mines, and other 
    excavations that do not use clean construction or 
    demolition debris as fill material.

    (c) In accordance with Title VII of this Act, the Board may 
adopt regulations to promote the purposes of this Section. The 
Agency shall consult with the mining and construction 
industries during the development of any regulations to promote 
the purposes of this Section.
        (1) No later than December 15, 2005, the Agency shall 
    propose to the Board, and no later than September 1, 2006, 
    the Board shall adopt, regulations for the use of clean 
    construction or demolition debris as fill material in 
    current and former quarries, mines, and other excavations. 
    Such regulations shall include, but shall not be limited 
    to, standards for clean construction or demolition debris 
    fill operations and the submission and review of permits 
    required under this Section.
        (2) Until the Board adopts rules under subsection 
    (c)(1) of this Section, all persons using clean 
    construction or
demolition debris as fill material in a 
    current or former quarry, mine, or other excavation shall:
            (A) Assure that only clean construction or 
        demolition debris is being used as fill material by 
        screening each truckload of material received using a 
        device approved by the Agency that detects volatile 
        organic compounds. Such devices may include, but are 
        not limited to, photo ionization detectors. All 
        screening devices shall be operated and maintained in 
        accordance with manufacturer's specifications. 
        Unacceptable fill material shall be rejected from the 
        site; and
            (B) Retain for a minimum of 3 years the following 
        information:
                (i) The name of the hauler, the name of the 
            generator, and place of origin of the debris or 
            soil;
                (ii) The approximate weight or volume of the 
            debris or soil; and
                (iii) The date the debris or soil was received.
    (d) This Section applies only to clean construction or 
demolition debris that is not considered "waste" as provided in 
Section 3.160 of this Act.
    (e) For purposes of this Section:
        (1) The term "operator" means a person responsible for 
    the operation and maintenance of a clean construction or 
    demolition debris fill operation.
        (2) The term "owner" means a person who has any direct 
    or indirect interest in a clean construction or demolition 
    debris fill operation or in land on which a person operates 
    and maintains a clean construction or demolition debris 
    fill operation. A "direct or indirect interest" does not 
    include the ownership of publicly traded stock. The "owner" 
    is the "operator" if there is no other person who is 
    operating and maintaining a clean construction or 
    demolition debris fill operation.

        (3) The term "clean construction or demolition debris 
    fill operation" means a current or former quarry, mine, or 
    other excavation where clean construction or demolition 
    debris is used as fill material.
        (4) The term "uncontaminated soil" shall have the same 
    meaning as uncontaminated soil under Section 3.160 of this 
    Act.
    (f)(1) No later than one year after the effective date of 
this amendatory Act of the 96th General Assembly, the Agency 
shall propose to the Board, and, no later than one year after 
the Board's receipt of the Agency's proposal, the Board shall 
adopt, rules for the use of clean construction or demolition 
debris and uncontaminated soil as fill material at clean 
construction or demolition debris fill operations.  The rules 
must include standards and procedures necessary to protect 
groundwater, which may include, but shall not be limited to, 
the following: requirements regarding testing and 
certification of soil used as fill material, surface water 
runoff, liners or other protective barriers, monitoring 
(including, but not limited to, groundwater monitoring), 
corrective action, recordkeeping, reporting, closure and 
post-closure care, financial assurance, post-closure land use 
controls, location standards, and the modification of existing 
permits to conform to the requirements of this Act and Board 
rules. The rules may also include limits on the use of 
recyclable concrete and asphalt as fill material at clean 
construction or demolition debris fill operations, taking into 
account factors such as technical feasibility, economic 
reasonableness, and the availability of markets for such 
materials.
    (2) Until the effective date of the Board rules adopted 
under subdivision (f)(1) of this Section, and in addition to 
any other requirements, owners and operators of clean 
construction or demolition debris fill operations must do all 
of the following in subdivisions (f)(2)(A) through (f)(2)(D) of 
this Section for all clean construction or demolition debris 
and uncontaminated soil accepted for use as fill material.  The 
requirements in subdivisions (f)(2)(A) through (f)(2)(D) of 
this Section shall not limit any rules adopted by the Board.
        (A) Document the following information for each load of 
    clean construction or demolition debris or uncontaminated 
    soil received: (i) the name of the hauler, the address of 
    the site of origin, and the owner and the operator of the 
    site of origin of the clean construction or demolition 
    debris or uncontaminated soil, (ii) the weight or volume of 
    the clean construction or demolition debris or 
    uncontaminated soil, and (iii) the date the clean 
    construction or demolition debris or uncontaminated soil 
    was received.
        (B) For all soil, obtain either (i) a certification 
    from the owner or operator of the site from which the soil 
    was removed that the site has never been used for 
    commercial or industrial purposes and is presumed to be 
    uncontaminated soil or (ii) a certification from a licensed 
    Professional Engineer or licensed Professional Geologist 
    that the soil is uncontaminated soil.  Certifications 
    required under this subdivision (f)(2)(B) must be on forms 
    and in a format prescribed by the Agency.
        (C) Confirm that the clean construction or demolition 
    debris or uncontaminated soil was not removed from a site 
    as part of a cleanup or removal of contaminants, including, 
    but not limited to, activities conducted under the 
    Comprehensive Environmental Response, Compensation, and 
    Liability Act of 1980, as amended; as part of a Closure or 
    Corrective Action under the Resource Conservation and 
    Recovery Act, as amended; or under an Agency remediation 
    program, such as the Leaking Underground Storage Tank 
    Program or Site  Remediation Program, but excluding sites 
    subject to Section 58.16 of this Act where there is no 
    presence or likely presence of a  release or a substantial 
    threat of a release of a regulated substance at, on, or 
    from the real property.
        (D) Document all activities required under subdivision 
    (f)(2) of this Section.  Documentation of any chemical 
    analysis must include, but is not limited to, (i) a copy of 
    the lab analysis, (ii) accreditation status of the 
    laboratory performing the analysis, and (iii) 
    certification by an authorized agent of the laboratory that 
    the analysis has been performed in accordance with the 
    Agency's rules for the accreditation of environmental 
    laboratories and the scope of accreditation.
    (3) Owners and operators of clean construction or 
demolition debris fill operations must maintain all 
documentation required under subdivision (f)(2) of this 
Section for a minimum of 3 years following the receipt of each 
load of clean construction or demolition debris or 
uncontaminated soil, except that documentation relating to an 
appeal, litigation, or other disputed claim must be maintained 
until at least 3 years after the date of the final disposition 
of the appeal, litigation, or other disputed claim.  Copies of 
the documentation must be made available to the Agency and to 
units of local government for inspection and copying during 
normal business hours.  The Agency may prescribe forms and 
formats for the documentation required under subdivision 
(f)(2) of this Section.
    Chemical analysis conducted under subdivision (f)(2) of 
this Section must be conducted in accordance with the 
requirements of 35 Ill. Adm. Code 742, as amended, and "Test 
Methods for Evaluating Solid Waste, Physical/Chemical 
Methods", USEPA Publication No. SW-846, as amended.
    (g)(1) No person shall use soil other than uncontaminated 
soil as fill material at a clean construction or demolition 
debris fill operation.
    (2) No person shall use construction or demolition debris 
other than clean construction or demolition debris as fill 
material at a clean construction or demolition debris fill 
operation. 

(Source: P.A. 96-1416, eff. 7-30-10.)
 
    (415 ILCS 5/22.51a)
    Sec. 22.51a. Uncontaminated Soil Fill Operations.
    (a) For purposes of this Section:
        (1) The term "uncontaminated soil" shall have the same 
    meaning as uncontaminated soil under Section 3.160 of this 
    Act.
        (2) The term "uncontaminated soil fill operation" 
    means a current or former quarry, mine, or other excavation 
    where uncontaminated soil is used as fill material, but 
    does not include a clean construction or demolition debris 
    fill operation.
    (b) No person shall use soil other than uncontaminated soil 
as fill material at an uncontaminated soil fill operation.
    (c) Owners and operators of uncontaminated soil fill 
operations must register the fill operations with the Agency.  
Uncontaminated soil fill operations that received 
uncontaminated soil prior to the effective date of this 
amendatory Act of the 96th General Assembly must be registered 
with the Agency no later than March 31, 2011.  Uncontaminated 
soil fill operations that first receive uncontaminated soil on 
or after the effective date of this amendatory Act of the 96th 
General Assembly must be registered with the Agency prior to 
the receipt of any uncontaminated soil.  Registrations must be 
submitted on forms and in a format prescribed by the Agency.
    (d)(1) No later than one year after the effective date of 
this amendatory Act of the 96th General Assembly, the Agency 
shall propose to the Board, and, no later than one year after 
the Board's receipt of the Agency's proposal, the Board shall 
adopt, rules for the use of uncontaminated soil as fill 
material at uncontaminated soil fill operations.  The rules must 
include standards and procedures necessary to protect 
groundwater, which shall include, but shall not be limited to, 
testing and certification of soil used as fill material and 
requirements for recordkeeping.
    (2) Until the effective date of the Board rules adopted 
under subdivision (d)(1) of this Section, owners and operators 
of uncontaminated soil fill operations must do all of the 
following in subdivisions (d)(2)(A) through (d)(2)(F) of this 
Section for all uncontaminated soil accepted for use as fill 
material.  The requirements in subdivisions (d)(2)(A) through 
(d)(2)(F) of this Section shall not limit any rules adopted by 
the Board.
        (A) Document the following information for each load of 
    uncontaminated soil received: (i) the name of the hauler, 
    the address of the site of origin, and the owner and the 
    operator of the site of origin of the uncontaminated soil, 
    (ii) the weight or volume of the uncontaminated soil, and 
    (iii) the date the uncontaminated soil was received.
        (B) Obtain either (i) a certification from the owner or 
    operator of the site from which the soil was removed that 
    the site has never been used for commercial or industrial 
    purposes and is presumed to be uncontaminated soil or (ii) 
    a certification from a licensed Professional Engineer or a 
    licensed Professional Geologist that the soil is 
    uncontaminated soil.  Certifications required under this 
    subdivision (d)(2)(B) must be on forms and in a format 
    prescribed by the Agency.
        (C) Confirm that the uncontaminated soil was not 
    removed from a site as part of a cleanup or removal of 
    contaminants, including, but not limited to, activities 
    conducted under the Comprehensive Environmental Response, 
    Compensation, and Liability Act of 1980, as amended; as 
    part of a Closure or Corrective Action under the Resource 
    Conservation and Recovery Act, as amended; or under an 
    Agency remediation program, such as the Leaking 
    Underground Storage Tank Program or Site  Remediation 
    Program, but excluding sites subject to Section 58.16 of 
    this Act where there is no presence or likely presence of a  
    release or a substantial threat of a release of a regulated 
    substance at, on, or from the real property.
        (D) Visually inspect each load to confirm that only 
    uncontaminated soil is being accepted for use as fill 
    material.
        (E) Screen each load of uncontaminated soil using a 
    device that is approved by the Agency and detects volatile 
    organic compounds.  Such a device may include, but is not 
    limited to, a photo ionization detector or a flame 
    ionization detector.  All screening devices shall be 
    operated and maintained in accordance with the 
    manufacturer's specifications.  Unacceptable soil must be 
    rejected from the fill operation.
        (F) Document all activities required under subdivision 
    (d)(2) of this Section.  Documentation of any chemical 
    analysis must include, but is not limited to, (i) a copy of 
    the lab analysis, (ii) accreditation status of the 
    laboratory performing the analysis, and (iii) 
    certification by an authorized agent of the laboratory that 
    the analysis has been performed in accordance with the 
    Agency's rules for the accreditation of environmental 
    laboratories and the scope of accreditation. 
    (3) Owners and operators of uncontaminated soil fill 
operations must maintain all documentation required under 
subdivision (d)(2) of this Section for a minimum of 3 years 
following the receipt of each load of uncontaminated soil, 
except that documentation relating to an appeal, litigation, or 
other disputed claim must be maintained until at least 3 years 
after the date of the final disposition of the appeal, 
litigation, or other disputed claim.  Copies of the 
documentation must be made available to the Agency and to units 
of local government for inspection and copying during normal 
business hours.  The Agency may prescribe forms and formats for 
the documentation required under subdivision (d)(2) of this 
Section.
    Chemical analysis conducted under subdivision (d)(2) of 
this Section must be conducted in accordance with the 
requirements of 35 Ill. Adm. Code 742, as amended, and "Test 
Methods for Evaluating Solid Waste, Physical/Chemical 
Methods", USEPA Publication No. SW-846, as amended. 

(Source: P.A. 96-1416, eff. 7-30-10.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.