Sen. William R. Haine
Filed: 5/6/2004
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1 | AMENDMENT TO HOUSE BILL 5094
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2 | AMENDMENT NO. ______. Amend House Bill 5094, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 1, as follows:
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5 | on page 1, line 5, by changing "3.135" to "3.135, 3.160,"; and | ||||||
6 | on page 5, immediately below line 11, by inserting the | ||||||
7 | following:
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8 | "(415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
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9 | Sec. 3.160. Construction or demolition debris.
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10 | (a) "General construction or demolition debris" means | ||||||
11 | non-hazardous,
uncontaminated materials resulting from the | ||||||
12 | construction, remodeling, repair,
and demolition of utilities, | ||||||
13 | structures, and roads, limited to the following:
bricks, | ||||||
14 | concrete, and other masonry materials; soil; rock; wood, | ||||||
15 | including
non-hazardous painted, treated, and coated wood and | ||||||
16 | wood products; wall
coverings; plaster; drywall; plumbing | ||||||
17 | fixtures; non-asbestos insulation;
roofing shingles and other | ||||||
18 | roof coverings; reclaimed asphalt pavement; glass;
plastics | ||||||
19 | that are not sealed in a manner that conceals waste; electrical
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20 | wiring and components containing no hazardous substances; and | ||||||
21 | piping or metals
incidental to any of those materials.
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22 | General construction or demolition debris does not include | ||||||
23 | uncontaminated
soil generated during construction, remodeling, |
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1 | repair, and demolition of
utilities, structures, and roads | ||||||
2 | provided the uncontaminated soil is not
commingled with any | ||||||
3 | general construction or demolition debris or other waste.
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4 | (b) "Clean construction or demolition debris" means
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5 | uncontaminated broken concrete without protruding metal bars | ||||||
6 | or, except in Cook County, with metal bars that do not protrude | ||||||
7 | more than 2 feet , bricks, rock,
stone, reclaimed asphalt | ||||||
8 | pavement, or soil generated from construction or
demolition | ||||||
9 | activities.
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10 | Clean construction or demolition debris does not include | ||||||
11 | uncontaminated soil
generated during construction, remodeling, | ||||||
12 | repair, and demolition of utilities,
structures, and roads | ||||||
13 | provided the uncontaminated soil is not commingled with
any | ||||||
14 | clean construction or demolition debris or other waste.
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15 | To the extent allowed by federal law, clean construction or | ||||||
16 | demolition debris
shall not be considered "waste" if it is (i) | ||||||
17 | used as fill material outside of a setback zone if the fill is | ||||||
18 | placed no higher than the
highest point of elevation existing | ||||||
19 | prior to the filling immediately adjacent
to the fill area, and | ||||||
20 | if covered by sufficient uncontaminated soil to
support | ||||||
21 | vegetation within 30 days of the completion of filling or if | ||||||
22 | covered
by a road or structure, or (ii) separated or processed | ||||||
23 | and returned to the
economic mainstream in the form of raw | ||||||
24 | materials or products, if it is not
speculatively accumulated | ||||||
25 | and, if used as a fill material, it is used in
accordance with | ||||||
26 | item (i) within 30 days of its generation, or (iii) solely
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27 | broken concrete without protruding metal bars used for erosion | ||||||
28 | control, or
(iv) generated from the construction or demolition | ||||||
29 | of a building, road, or
other structure and used to construct, | ||||||
30 | on the site where the construction or
demolition has taken | ||||||
31 | place, a manmade
functional structure not to exceed 20 feet | ||||||
32 | above the highest point of
elevation of the property | ||||||
33 | immediately adjacent to the new manmade functional
structure as | ||||||
34 | that elevation existed prior to the creation of that new
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1 | structure,
provided that the structure shall be covered with | ||||||
2 | sufficient soil
materials to sustain vegetation or by a road or | ||||||
3 | structure, and further
provided that no such structure shall be | ||||||
4 | constructed within
a home rule municipality with a population | ||||||
5 | over 500,000 without the consent
of the municipality.
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6 | (Source: P.A. 92-574, eff. 6-26-02; 93-179, eff. 7-11-03.)"; | ||||||
7 | and
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8 | on page 24, immediately below line 4, by inserting the | ||||||
9 | following: | ||||||
10 | "Section 99. Effective date. This Section and the | ||||||
11 | provisions changing Section 3.160 of the Environmental | ||||||
12 | Protection Act take effect upon becoming law.".
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