Environment & Energy Committee
Filed: 3/1/2007
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1 | AMENDMENT TO HOUSE BILL 496
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2 | AMENDMENT NO. ______. Amend House Bill 496 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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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1 | plastics that are not sealed in a manner that conceals waste; | ||||||
2 | electrical
wiring and components containing no hazardous | ||||||
3 | substances; and piping or metals
incidental to any of those | ||||||
4 | materials.
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5 | General construction or demolition debris does not include | ||||||
6 | uncontaminated
soil generated during construction, remodeling, | ||||||
7 | repair, and demolition of
utilities, structures, and roads | ||||||
8 | provided the uncontaminated soil is not
commingled with any | ||||||
9 | general construction or demolition debris or other waste.
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10 | To the extent allowed by federal law, uncontaminated | ||||||
11 | concrete with protruding rebar shall be considered clean | ||||||
12 | construction or demolition debris and shall not be considered | ||||||
13 | "waste" if it is separated or processed and returned to the | ||||||
14 | economic mainstream in the form of raw materials or products | ||||||
15 | within 4 years of its generation, if it is not speculatively | ||||||
16 | accumulated and, if used as a fill material, it is used in | ||||||
17 | accordance with item (i) in subsection (b) of this Section | ||||||
18 | within 30 days of its generation .
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19 | (b) "Clean construction or demolition debris" means
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20 | uncontaminated broken concrete without protruding metal bars, | ||||||
21 | bricks, rock,
stone, reclaimed or other asphalt pavement, or | ||||||
22 | soil generated from construction or
demolition activities.
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23 | Clean construction or demolition debris does not include | ||||||
24 | uncontaminated soil
generated during construction, remodeling, | ||||||
25 | repair, and demolition of utilities,
structures, and roads | ||||||
26 | provided the uncontaminated soil is not commingled with
any |
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1 | clean construction or demolition debris or other waste.
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2 | To the extent allowed by federal law, clean construction or | ||||||
3 | demolition debris
shall not be considered "waste" if it is (i) | ||||||
4 | used as fill material outside of a setback zone if the fill is | ||||||
5 | placed no higher than the
highest point of elevation existing | ||||||
6 | prior to the filling immediately adjacent
to the fill area, and | ||||||
7 | if covered by sufficient uncontaminated soil to
support | ||||||
8 | vegetation within 30 days of the completion of filling or if | ||||||
9 | covered
by a road or structure, or (ii) separated or processed | ||||||
10 | and returned to the
economic mainstream in the form of raw | ||||||
11 | materials or products, if it is not
speculatively accumulated | ||||||
12 | and, if used as a fill material, it is used in
accordance with | ||||||
13 | item (i) within 30 days of its generation , or (iii) solely
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14 | broken concrete without protruding metal bars used for erosion | ||||||
15 | control, or
(iv) generated from the construction or demolition | ||||||
16 | of a building, road, or
other structure and used to construct, | ||||||
17 | on the site where the construction or
demolition has taken | ||||||
18 | place, a manmade
functional structure not to exceed 20 feet | ||||||
19 | above the highest point of
elevation of the property | ||||||
20 | immediately adjacent to the new manmade functional
structure as | ||||||
21 | that elevation existed prior to the creation of that new
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22 | structure,
provided that the structure shall be covered with | ||||||
23 | sufficient soil
materials to sustain vegetation or by a road or | ||||||
24 | structure, and further
provided that no such structure shall be | ||||||
25 | constructed within
a home rule municipality with a population | ||||||
26 | over 500,000 without the consent
of the municipality.
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1 | For purposes of this subsection (b), reclaimed or other | ||||||
2 | asphalt pavement shall not be considered speculatively | ||||||
3 | accumulated if: (i) it is not commingled with any other clean | ||||||
4 | construction or demolition debris or any waste; (ii) it is | ||||||
5 | returned to the economic mainstream in the form of raw | ||||||
6 | materials or products within 4 years after its generation; | ||||||
7 | (iii) at least 25% of the total amount present at a site during | ||||||
8 | a calendar year is transported off of the site during the next | ||||||
9 | calendar year; and (iv) if used as a fill material, it is used | ||||||
10 | in accordance with item (i) of the second paragraph of this | ||||||
11 | subsection (b).
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12 | (Source: P.A. 93-179, eff. 7-11-03; 94-272, eff. 7-19-05.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
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