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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Section 3.160 as follows:
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6 | (415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
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7 | Sec. 3.160. Construction or demolition debris.
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8 | (a) " General construction or demolition debris" means | ||||||
9 | non-hazardous,
uncontaminated materials resulting from the | ||||||
10 | construction, remodeling, repair,
and demolition of utilities, | ||||||
11 | structures, and roads, limited to the following:
bricks, | ||||||
12 | concrete, and other masonry materials; soil; rock; wood, | ||||||
13 | including
non-hazardous painted, treated, and coated wood and | ||||||
14 | wood products; wall
coverings; plaster; drywall; plumbing | ||||||
15 | fixtures; non-asbestos insulation;
roofing shingles and other | ||||||
16 | roof coverings; reclaimed or other asphalt pavement; glass;
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17 | plastics that are not sealed in a manner that conceals waste; | ||||||
18 | electrical
wiring and components containing no hazardous | ||||||
19 | substances; and piping or metals
incidental to any of those | ||||||
20 | materials.
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21 | General construction or demolition debris does not include | ||||||
22 | uncontaminated
soil generated during construction, remodeling, | ||||||
23 | repair, and demolition of
utilities, structures, and roads |
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1 | provided the uncontaminated soil is not
commingled with any | ||||||
2 | general construction or demolition debris or other waste.
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3 | To the extent allowed by federal law, uncontaminated | ||||||
4 | concrete with protruding rebar shall be considered clean | ||||||
5 | construction or demolition debris and shall not be considered | ||||||
6 | "waste" if it is separated or processed and returned to the | ||||||
7 | economic mainstream in the form of raw materials or products | ||||||
8 | within 4 years of its generation, if it is not speculatively | ||||||
9 | accumulated and, if used as a fill material, it is used in | ||||||
10 | accordance with item (i) in subsection (b) of this Section | ||||||
11 | within 30 days of its generation .
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12 | (b) "Clean construction or demolition debris" means
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13 | uncontaminated broken concrete without protruding metal bars, | ||||||
14 | bricks, rock,
stone, reclaimed or other asphalt pavement, or | ||||||
15 | soil generated from construction or
demolition activities.
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16 | Clean construction or demolition debris does not include | ||||||
17 | uncontaminated soil
generated during construction, remodeling, | ||||||
18 | repair, and demolition of utilities,
structures, and roads | ||||||
19 | provided the uncontaminated soil is not commingled with
any | ||||||
20 | clean construction or demolition debris or other waste.
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21 | To the extent allowed by federal law, clean construction or | ||||||
22 | demolition debris
shall not be considered "waste" if it is (i) | ||||||
23 | used as fill material outside of a setback zone if the fill is | ||||||
24 | placed no higher than the
highest point of elevation existing | ||||||
25 | prior to the filling immediately adjacent
to the fill area, and | ||||||
26 | if covered by sufficient uncontaminated soil to
support |
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1 | vegetation within 30 days of the completion of filling or if | ||||||
2 | covered
by a road or structure, or (ii) separated or processed | ||||||
3 | and returned to the
economic mainstream in the form of raw | ||||||
4 | materials or products, if it is not
speculatively accumulated | ||||||
5 | and, if used as a fill material, it is used in
accordance with | ||||||
6 | item (i) within 30 days of its generation , or (iii) solely
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7 | broken concrete without protruding metal bars used for erosion | ||||||
8 | control, or
(iv) generated from the construction or demolition | ||||||
9 | of a building, road, or
other structure and used to construct, | ||||||
10 | on the site where the construction or
demolition has taken | ||||||
11 | place, a manmade
functional structure not to exceed 20 feet | ||||||
12 | above the highest point of
elevation of the property | ||||||
13 | immediately adjacent to the new manmade functional
structure as | ||||||
14 | that elevation existed prior to the creation of that new
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15 | structure,
provided that the structure shall be covered with | ||||||
16 | sufficient soil
materials to sustain vegetation or by a road or | ||||||
17 | structure, and further
provided that no such structure shall be | ||||||
18 | constructed within
a home rule municipality with a population | ||||||
19 | over 500,000 without the consent
of the municipality.
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20 | For purposes of this subsection (b), reclaimed or other | ||||||
21 | asphalt pavement shall not be considered speculatively | ||||||
22 | accumulated if: (i) it is not commingled with any other clean | ||||||
23 | construction or demolition debris or any waste; (ii) it is | ||||||
24 | returned to the economic mainstream in the form of raw | ||||||
25 | materials or products within 4 years after its generation; | ||||||
26 | (iii) at least 25% of the total amount present at a site during |
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1 | a calendar year is transported off of the site during the next | ||||||
2 | calendar year; and (iv) if used as a fill material, it is used | ||||||
3 | in accordance with item (i) of the second paragraph of this | ||||||
4 | subsection (b).
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5 | (Source: P.A. 93-179, eff. 7-11-03; 94-272, eff. 7-19-05.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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