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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 21 as follows:
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6 | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
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7 | Sec. 21. Prohibited acts. No person shall:
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8 | (a) Cause or allow the
the open dumping of any waste. | |||||||||||||||||||
9 | (b) Abandon, dump, or deposit any waste upon the public | |||||||||||||||||||
10 | highways or
other public property, except in a sanitary | |||||||||||||||||||
11 | landfill approved by the
Agency pursuant to regulations adopted | |||||||||||||||||||
12 | by the Board.
| |||||||||||||||||||
13 | (c) Abandon any vehicle in violation of the "Abandoned | |||||||||||||||||||
14 | Vehicles
Amendment to the Illinois Vehicle Code", as enacted by | |||||||||||||||||||
15 | the 76th General
Assembly.
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16 | (d) Conduct any waste-storage, waste-treatment, or | |||||||||||||||||||
17 | waste-disposal
operation:
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18 | (1) without a permit granted by the Agency or in | |||||||||||||||||||
19 | violation of any
conditions imposed by such permit, | |||||||||||||||||||
20 | including periodic reports and full
access to adequate | |||||||||||||||||||
21 | records and the inspection of facilities, as may be
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22 | necessary to assure compliance with this Act and with | |||||||||||||||||||
23 | regulations and
standards adopted thereunder; provided, |
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1 | however, that, except for municipal
solid waste landfill | ||||||
2 | units that receive waste on or after October 9, 1993,
no | ||||||
3 | permit shall be
required for (i) any person conducting a | ||||||
4 | waste-storage, waste-treatment, or
waste-disposal | ||||||
5 | operation for wastes generated by such person's own
| ||||||
6 | activities which are stored, treated, or disposed within | ||||||
7 | the site where
such wastes are generated, or (ii)
a | ||||||
8 | facility located in a county with a
population over 700,000 | ||||||
9 | as of January 1, 2000, operated and located in accordance | ||||||
10 | with
Section 22.38 of this Act, and used exclusively for | ||||||
11 | the transfer, storage, or
treatment of general | ||||||
12 | construction or demolition debris;
| ||||||
13 | (2) in violation of any regulations or standards | ||||||
14 | adopted by the
Board under this Act; or
| ||||||
15 | (3) which receives waste after August 31, 1988, does | ||||||
16 | not have a permit
issued by the Agency, and is (i) a | ||||||
17 | landfill used exclusively for the
disposal of waste | ||||||
18 | generated at the site, (ii) a surface impoundment
receiving | ||||||
19 | special waste not listed in an NPDES permit, (iii) a waste | ||||||
20 | pile
in which the total volume of waste is greater than 100 | ||||||
21 | cubic yards or the
waste is stored for over one year, or | ||||||
22 | (iv) a land treatment facility
receiving special waste | ||||||
23 | generated at the site; without giving notice of the
| ||||||
24 | operation to the Agency by January 1, 1989, or 30 days | ||||||
25 | after the date on
which the operation commences, whichever | ||||||
26 | is later, and every 3 years
thereafter. The form for such |
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| |||||||
1 | notification shall be specified by the
Agency, and shall be | ||||||
2 | limited to information regarding: the name and address
of | ||||||
3 | the location of the operation; the type of operation; the | ||||||
4 | types and
amounts of waste stored, treated or disposed of | ||||||
5 | on an annual basis; the
remaining capacity of the | ||||||
6 | operation; and the remaining expected life of
the | ||||||
7 | operation.
| ||||||
8 | Item (3) of this subsection (d) shall not apply to any | ||||||
9 | person
engaged in agricultural activity who is disposing of a | ||||||
10 | substance that
constitutes solid waste, if the substance was | ||||||
11 | acquired for use by that
person on his own property, and the | ||||||
12 | substance is disposed of on his own
property in accordance with | ||||||
13 | regulations or standards adopted by the Board.
| ||||||
14 | This subsection (d) shall not apply to hazardous waste.
| ||||||
15 | (e) Dispose, treat, store or abandon any waste, or | ||||||
16 | transport any waste
into this State for disposal, treatment, | ||||||
17 | storage or abandonment, except at
a site or facility which | ||||||
18 | meets the requirements of this Act and of
regulations and | ||||||
19 | standards thereunder.
| ||||||
20 | (f) Conduct any hazardous waste-storage, hazardous | ||||||
21 | waste-treatment or
hazardous waste-disposal operation:
| ||||||
22 | (1) without a RCRA permit for the site issued by the | ||||||
23 | Agency under
subsection (d) of Section 39 of this Act, or | ||||||
24 | in violation of any condition
imposed by such permit, | ||||||
25 | including periodic reports and full access to
adequate | ||||||
26 | records and the inspection of facilities, as may be |
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| |||||||
1 | necessary to
assure compliance with this Act and with | ||||||
2 | regulations and standards adopted
thereunder; or
| ||||||
3 | (2) in violation of any regulations or standards | ||||||
4 | adopted by the Board
under this Act; or
| ||||||
5 | (3) in violation of any RCRA permit filing requirement | ||||||
6 | established under
standards adopted by the Board under this | ||||||
7 | Act; or
| ||||||
8 | (4) in violation of any order adopted by the Board | ||||||
9 | under this Act.
| ||||||
10 | Notwithstanding the above, no RCRA permit shall be required | ||||||
11 | under this
subsection or subsection (d) of Section 39 of this | ||||||
12 | Act for any
person engaged in agricultural activity who is | ||||||
13 | disposing of a substance
which has been identified as a | ||||||
14 | hazardous waste, and which has been
designated by Board | ||||||
15 | regulations as being subject to this exception, if the
| ||||||
16 | substance was acquired for use by that person on his own | ||||||
17 | property and the
substance is disposed of on his own property | ||||||
18 | in accordance with regulations
or standards adopted by the | ||||||
19 | Board.
| ||||||
20 | (g) Conduct any hazardous waste-transportation operation:
| ||||||
21 | (1) without registering with and obtaining a permit | ||||||
22 | from the Agency in
accordance with the Uniform Program | ||||||
23 | implemented under subsection (l-5) of
Section 22.2; or
| ||||||
24 | (2) in violation of any regulations or standards | ||||||
25 | adopted by
the
Board under this Act.
| ||||||
26 | (h) Conduct any hazardous waste-recycling or hazardous |
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| |||||||
1 | waste-reclamation
or hazardous waste-reuse operation in | ||||||
2 | violation of any regulations, standards
or permit requirements | ||||||
3 | adopted by the Board under this Act.
| ||||||
4 | (i) Conduct any process or engage in any act which produces | ||||||
5 | hazardous
waste in violation of any regulations or standards | ||||||
6 | adopted by the Board
under subsections (a) and (c) of Section | ||||||
7 | 22.4 of this Act.
| ||||||
8 | (j) Conduct any special waste transportation operation in | ||||||
9 | violation
of any regulations, standards or permit requirements | ||||||
10 | adopted by the Board
under this Act. However, sludge from a | ||||||
11 | water or sewage treatment plant
owned and operated by a unit of | ||||||
12 | local government which (1) is subject to a
sludge management | ||||||
13 | plan approved by the Agency or a permit granted by the
Agency, | ||||||
14 | and (2) has been tested and determined not to be a hazardous | ||||||
15 | waste
as required by applicable State and federal laws and | ||||||
16 | regulations, may be
transported in this State without a special | ||||||
17 | waste hauling permit, and the
preparation and carrying of a | ||||||
18 | manifest shall not be required for such
sludge under the rules | ||||||
19 | of the Pollution Control Board. The unit of local
government | ||||||
20 | which operates the treatment plant producing such sludge shall
| ||||||
21 | file a semiannual report with the Agency identifying the volume | ||||||
22 | of such
sludge transported during the reporting period, the | ||||||
23 | hauler of the sludge,
and the disposal sites to which it was | ||||||
24 | transported. This subsection (j)
shall not apply to hazardous | ||||||
25 | waste.
| ||||||
26 | (k) Fail or refuse to pay any fee imposed under this Act.
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1 | (l) Locate a hazardous waste disposal site above an active | ||||||
2 | or
inactive shaft or tunneled mine or within 2 miles of an | ||||||
3 | active fault in
the earth's crust. In counties of population | ||||||
4 | less than 225,000 no
hazardous waste disposal site shall be | ||||||
5 | located (1) within 1 1/2 miles of
the corporate limits as | ||||||
6 | defined on June 30, 1978, of any municipality
without the | ||||||
7 | approval of the governing body of the municipality in an
| ||||||
8 | official action; or (2) within 1000 feet of an existing private | ||||||
9 | well or
the existing source of a public water supply measured | ||||||
10 | from the boundary
of the actual active permitted site and | ||||||
11 | excluding existing private wells
on the property of the permit | ||||||
12 | applicant. The provisions of this
subsection do not apply to | ||||||
13 | publicly-owned sewage works or the disposal
or utilization of | ||||||
14 | sludge from publicly-owned sewage works.
| ||||||
15 | (m) Transfer interest in any land which has been used as a
| ||||||
16 | hazardous waste disposal site without written notification to | ||||||
17 | the Agency
of the transfer and to the transferee of the | ||||||
18 | conditions imposed by the Agency
upon its use under subsection | ||||||
19 | (g) of Section 39.
| ||||||
20 | (n) Use any land which has been used as a hazardous waste
| ||||||
21 | disposal site except in compliance with conditions imposed by | ||||||
22 | the Agency
under subsection (g) of Section 39.
| ||||||
23 | (o) Conduct a sanitary landfill operation which is required | ||||||
24 | to have a
permit under subsection (d) of this Section, in a | ||||||
25 | manner which results in
any of the following conditions:
| ||||||
26 | (1) refuse in standing or flowing waters;
|
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| |||||||
1 | (2) leachate flows entering waters of the State;
| ||||||
2 | (3) leachate flows exiting the landfill confines (as | ||||||
3 | determined by the
boundaries established for the landfill | ||||||
4 | by a permit issued by the Agency);
| ||||||
5 | (4) open burning of refuse in violation of Section 9 of | ||||||
6 | this Act;
| ||||||
7 | (5) uncovered refuse remaining from any previous | ||||||
8 | operating day or at the
conclusion of any operating day, | ||||||
9 | unless authorized by permit;
| ||||||
10 | (6) failure to provide final cover within time limits | ||||||
11 | established by
Board regulations;
| ||||||
12 | (7) acceptance of wastes without necessary permits;
| ||||||
13 | (8) scavenging as defined by Board regulations;
| ||||||
14 | (9) deposition of refuse in any unpermitted portion of | ||||||
15 | the landfill;
| ||||||
16 | (10) acceptance of a special waste without a required | ||||||
17 | manifest;
| ||||||
18 | (11) failure to submit reports required by permits or | ||||||
19 | Board regulations;
| ||||||
20 | (12) failure to collect and contain litter from the | ||||||
21 | site by the end of
each operating day;
| ||||||
22 | (13) failure to submit any cost estimate for the site | ||||||
23 | or any performance
bond or other security for the site as | ||||||
24 | required by this Act or Board rules.
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25 | The prohibitions specified in this subsection (o) shall be | ||||||
26 | enforceable by
the Agency either by administrative citation |
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| |||||||
1 | under Section 31.1 of this Act
or as otherwise provided by this | ||||||
2 | Act. The specific prohibitions in this
subsection do not limit | ||||||
3 | the power of the Board to establish regulations
or standards | ||||||
4 | applicable to sanitary landfills.
| ||||||
5 | (p) In violation of subdivision (a) of this Section, cause | ||||||
6 | or allow the
open dumping of any waste in a manner which | ||||||
7 | results in any of the following
occurrences at the dump site:
| ||||||
8 | (1) litter;
| ||||||
9 | (2) scavenging;
| ||||||
10 | (3) open burning;
| ||||||
11 | (4) deposition of waste in standing or flowing waters;
| ||||||
12 | (5) proliferation of disease vectors;
| ||||||
13 | (6) standing or flowing liquid discharge from the dump | ||||||
14 | site;
| ||||||
15 | (7) deposition of:
| ||||||
16 | (i) general construction or demolition debris as | ||||||
17 | defined in Section
3.160(a) of this Act; or
| ||||||
18 | (ii) clean construction or demolition debris as | ||||||
19 | defined in Section
3.160(b) of this Act.
| ||||||
20 | The prohibitions specified in this subsection (p) shall be
| ||||||
21 | enforceable by the Agency either by administrative citation | ||||||
22 | under Section
31.1 of this Act or as otherwise provided by this | ||||||
23 | Act. The specific
prohibitions in this subsection do not limit | ||||||
24 | the power of the Board to
establish regulations or standards | ||||||
25 | applicable to open dumping.
| ||||||
26 | (q) Conduct a landscape waste composting operation without |
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1 | an Agency
permit, provided, however, that no permit shall be | ||||||
2 | required for any person:
| ||||||
3 | (1) conducting a landscape waste composting operation | ||||||
4 | for landscape
wastes generated by such person's own | ||||||
5 | activities which are stored, treated
or disposed of within | ||||||
6 | the site where such wastes are generated; or
| ||||||
7 | (2) applying landscape waste or composted landscape | ||||||
8 | waste at agronomic
rates; or
| ||||||
9 | (3) operating a landscape waste composting facility on | ||||||
10 | a farm, if the
facility meets all of the following | ||||||
11 | criteria:
| ||||||
12 | (A) the composting facility is operated by the | ||||||
13 | farmer on property on
which the composting material is | ||||||
14 | utilized, and the composting facility
constitutes no | ||||||
15 | more than 2% of the property's total acreage, except | ||||||
16 | that
the Agency may allow a higher percentage for | ||||||
17 | individual sites where the owner
or operator has | ||||||
18 | demonstrated to the Agency that the site's soil
| ||||||
19 | characteristics or crop needs require a higher rate;
| ||||||
20 | (B) the property on which the composting facility | ||||||
21 | is located, and any
associated property on which the | ||||||
22 | compost is used, is principally and
diligently devoted | ||||||
23 | to the production of agricultural crops and
is not | ||||||
24 | owned, leased or otherwise controlled by any waste | ||||||
25 | hauler
or generator of nonagricultural compost | ||||||
26 | materials, and the operator of the
composting facility |
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1 | is not an employee, partner, shareholder, or in any way
| ||||||
2 | connected with or controlled by any such waste hauler | ||||||
3 | or generator;
| ||||||
4 | (C) all compost generated by the composting | ||||||
5 | facility is applied at
agronomic rates and used as | ||||||
6 | mulch, fertilizer or soil conditioner on land
actually | ||||||
7 | farmed by the person operating the composting | ||||||
8 | facility, and the
finished compost is not stored at the | ||||||
9 | composting site for a period longer
than 18 months | ||||||
10 | prior to its application as mulch, fertilizer, or soil | ||||||
11 | conditioner;
| ||||||
12 | (D) the owner or operator, by January 1, 1990 (or | ||||||
13 | the January 1
following commencement of operation, | ||||||
14 | whichever is later) and January 1 of
each year | ||||||
15 | thereafter, (i) registers the site with the Agency, | ||||||
16 | (ii) reports
to the Agency on the volume of composting | ||||||
17 | material received and used at the
site, (iii) certifies | ||||||
18 | to the Agency that the site complies with the
| ||||||
19 | requirements set forth in subparagraphs (A), (B) and | ||||||
20 | (C) of this paragraph
(q)(3), and (iv) certifies to the | ||||||
21 | Agency that all composting material was
placed more | ||||||
22 | than 200 feet from the nearest potable water supply | ||||||
23 | well, was
placed outside the boundary of the 10-year | ||||||
24 | floodplain or on a part of the
site that is | ||||||
25 | floodproofed, was placed at least 1/4 mile from the | ||||||
26 | nearest
residence (other than a residence located on |
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| |||||||
1 | the same property as the
facility) and there are not | ||||||
2 | more than 10 occupied non-farm residences
within 1/2 | ||||||
3 | mile of the boundaries of the site on the date of | ||||||
4 | application,
and was placed more than 5 feet above the | ||||||
5 | water table.
| ||||||
6 | For the purposes of this subsection (q), "agronomic rates" | ||||||
7 | means the
application of not more than 20 tons per acre per | ||||||
8 | year, except that the
Agency may allow a higher rate for | ||||||
9 | individual sites where the owner or
operator has demonstrated | ||||||
10 | to the Agency that the site's soil
characteristics or crop | ||||||
11 | needs require a higher rate.
| ||||||
12 | (r) Cause or allow the storage or disposal of coal | ||||||
13 | combustion
waste unless:
| ||||||
14 | (1) such waste is stored or disposed of at a site or
| ||||||
15 | facility for which
a permit has been obtained or is not | ||||||
16 | otherwise required under subsection
(d) of this Section; or
| ||||||
17 | (2) such waste is stored or disposed of as a part of
| ||||||
18 | the design and
reclamation of a site or facility which is | ||||||
19 | an abandoned mine site in
accordance with the Abandoned | ||||||
20 | Mined Lands and Water Reclamation Act; or
| ||||||
21 | (3) such waste is stored or disposed of at a site or
| ||||||
22 | facility which is
operating under NPDES and Subtitle D | ||||||
23 | permits issued by the Agency pursuant
to regulations | ||||||
24 | adopted by the Board for mine-related water pollution and
| ||||||
25 | permits issued pursuant to the Federal Surface Mining | ||||||
26 | Control and
Reclamation Act of 1977 (P.L. 95-87) or the |
| |||||||
| |||||||
1 | rules and regulations
thereunder or any law or rule or | ||||||
2 | regulation adopted by the State of
Illinois pursuant | ||||||
3 | thereto, and the owner or operator of the facility agrees
| ||||||
4 | to accept the waste; and either
| ||||||
5 | (i) such waste is stored or disposed of in | ||||||
6 | accordance
with requirements
applicable to refuse | ||||||
7 | disposal under regulations adopted by the Board for
| ||||||
8 | mine-related water pollution and pursuant to NPDES and | ||||||
9 | Subtitle D permits
issued by the Agency under such | ||||||
10 | regulations; or
| ||||||
11 | (ii) the owner or operator of the facility | ||||||
12 | demonstrates all of the
following to the Agency, and | ||||||
13 | the facility is operated in accordance with
the | ||||||
14 | demonstration as approved by the Agency: (1) the | ||||||
15 | disposal area will be
covered in a manner that will | ||||||
16 | support continuous vegetation, (2) the
facility will | ||||||
17 | be adequately protected from wind and water erosion, | ||||||
18 | (3) the
pH will be maintained so as to prevent | ||||||
19 | excessive leaching of metal ions,
and (4) adequate | ||||||
20 | containment or other measures will be provided to | ||||||
21 | protect
surface water and groundwater from | ||||||
22 | contamination at levels prohibited by
this Act, the | ||||||
23 | Illinois Groundwater Protection Act, or regulations | ||||||
24 | adopted
pursuant thereto.
| ||||||
25 | Notwithstanding any other provision of this Title, the | ||||||
26 | disposal of coal
combustion waste pursuant to item (2) or (3) |
| |||||||
| |||||||
1 | of this
subdivision (r) shall
be exempt from the other | ||||||
2 | provisions of this Title V, and notwithstanding
the provisions | ||||||
3 | of Title X of this Act, the Agency is authorized to grant
| ||||||
4 | experimental permits which include provision for the disposal | ||||||
5 | of
wastes from the combustion of coal and other materials | ||||||
6 | pursuant to items
(2) and (3) of this subdivision (r).
| ||||||
7 | (s) After April 1, 1989, offer for transportation, | ||||||
8 | transport, deliver,
receive or accept special waste for which a | ||||||
9 | manifest is required, unless
the manifest indicates that the | ||||||
10 | fee required under Section 22.8 of this
Act has been paid.
| ||||||
11 | (t) Cause or allow a lateral expansion of a municipal solid | ||||||
12 | waste landfill
unit on or after October 9, 1993, without a | ||||||
13 | permit modification, granted by the
Agency, that authorizes the | ||||||
14 | lateral expansion.
| ||||||
15 | (u) Conduct any vegetable by-product treatment, storage, | ||||||
16 | disposal or
transportation operation in violation of any | ||||||
17 | regulation, standards or permit
requirements adopted by the | ||||||
18 | Board under this Act. However, no permit shall be
required | ||||||
19 | under this Title V for the land application of vegetable | ||||||
20 | by-products
conducted pursuant to Agency permit issued under | ||||||
21 | Title III of this Act to
the generator of the vegetable | ||||||
22 | by-products. In addition, vegetable by-products
may be | ||||||
23 | transported in this State without a special waste hauling | ||||||
24 | permit, and
without the preparation and carrying of a manifest.
| ||||||
25 | (v) (Blank).
| ||||||
26 | (w) Conduct any generation, transportation, or recycling |
| |||||||
| |||||||
1 | of construction or
demolition debris, clean or general, or | ||||||
2 | uncontaminated soil generated during
construction, remodeling, | ||||||
3 | repair, and demolition of utilities, structures, and
roads that | ||||||
4 | is not commingled with any waste, without the maintenance of
| ||||||
5 | documentation identifying the hauler, generator, place of | ||||||
6 | origin of the debris
or soil, the weight or volume of the | ||||||
7 | debris or soil, and the location, owner,
and operator of the | ||||||
8 | facility where the debris or soil was transferred,
disposed, | ||||||
9 | recycled, or treated. This documentation must be maintained by | ||||||
10 | the
generator, transporter, or recycler for 3 years.
This | ||||||
11 | subsection (w) shall not apply to (1) a permitted pollution | ||||||
12 | control
facility that transfers or accepts construction or | ||||||
13 | demolition debris,
clean or general, or uncontaminated soil for | ||||||
14 | final disposal, recycling, or
treatment, (2) a public utility | ||||||
15 | (as that term is defined in the Public
Utilities Act) or a | ||||||
16 | municipal utility, (3) the Illinois Department of
| ||||||
17 | Transportation, or (4) a municipality or a county highway | ||||||
18 | department, with
the exception of any municipality or county | ||||||
19 | highway department located within a
county having a population | ||||||
20 | of over 3,000,000 inhabitants or located in a county
that
is | ||||||
21 | contiguous to a county having a population of over 3,000,000 | ||||||
22 | inhabitants;
but it shall apply to an entity that contracts | ||||||
23 | with a public utility, a
municipal utility, the Illinois | ||||||
24 | Department of Transportation, or a
municipality or a county | ||||||
25 | highway department.
The terms
"generation" and "recycling" as
| ||||||
26 | used in this subsection do not
apply to clean construction or |
| |||||||
| |||||||
1 | demolition debris
when (i) used as fill material below grade | ||||||
2 | outside of a setback zone
if covered by sufficient | ||||||
3 | uncontaminated soil to support vegetation within 30
days of the | ||||||
4 | completion of filling or if covered by a road or structure, | ||||||
5 | (ii)
solely broken concrete without
protruding metal bars is | ||||||
6 | used for erosion control, or (iii) milled
asphalt or crushed | ||||||
7 | concrete is used as aggregate in construction of the
shoulder | ||||||
8 | of a roadway. The terms "generation" and "recycling", as used | ||||||
9 | in this
subsection, do not apply to uncontaminated soil
that is | ||||||
10 | not commingled with any waste when (i) used as fill material | ||||||
11 | below
grade or contoured to grade, or (ii) used at the site of | ||||||
12 | generation.
| ||||||
13 | (Source: P.A. 93-179, eff. 7-11-03; 94-94, eff. 7-1-05.)
|