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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 3.135 as follows:
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6 | (415 ILCS 5/3.135) (was 415 ILCS 5/3.94)
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7 | Sec. 3.135. Coal combustion by-product; CCB.
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8 | (a) "Coal combustion
by-product" (CCB) means coal | ||||||
9 | combustion waste when used beneficially in any of
the following | ||||||
10 | ways: | ||||||
11 | (1) The extraction or recovery of material compounds | ||||||
12 | contained within CCB.
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13 | (2) The use of CCB as a raw ingredient or mineral | ||||||
14 | filler in the
manufacture of the following commercial | ||||||
15 | products: cement; concrete and concrete mortars; | ||||||
16 | cementious products
including block, pipe and | ||||||
17 | precast/prestressed components; asphalt or cementious | ||||||
18 | roofing products; plastic products including pipes and | ||||||
19 | fittings; paints
and metal alloys; kiln fired products | ||||||
20 | including bricks, blocks, and tiles; abrasive media; | ||||||
21 | gypsum wallboard; asphaltic concrete, or asphalt based | ||||||
22 | paving material. | ||||||
23 | (3) CCB used (A) in accordance with the Illinois |
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1 | Department of Transportation ("IDOT") standard
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2 | specifications and subsection (a-5) of this Section or (B)
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3 | under the
approval of the Department of Transportation for | ||||||
4 | IDOT projects.
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5 | (4) Bottom ash used as antiskid material, athletic | ||||||
6 | tracks, or foot paths.
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7 | (5) Use in the
stabilization or modification of
soils | ||||||
8 | providing the CCB meets the IDOT
specifications for soil | ||||||
9 | modifiers.
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10 | (6) CCB used as a functionally equivalent substitute | ||||||
11 | for agricultural lime
as a soil conditioner.
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12 | (7) Bottom ash used in non-IDOT pavement sub-base or
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13 | base, pipe bedding, or foundation
backfill.
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14 | (8) Structural fill, when used in an engineered | ||||||
15 | application or combined
with cement, sand, or water to | ||||||
16 | produce a controlled strength fill material
and covered | ||||||
17 | with 12 inches of soil , within 30 days after the final | ||||||
18 | placement and completion of the structural fill project or | ||||||
19 | if the project becomes inactive for more than 90 days, | ||||||
20 | unless infiltration is prevented by the
material itself or | ||||||
21 | other suitable cover material. CCB may be used under this | ||||||
22 | item (8) only if the structural fill is located no less | ||||||
23 | than 250 feet from any active or operating downgradient | ||||||
24 | well being used as a residential or municipal potable water | ||||||
25 | source. | ||||||
26 | Within 3 months after notification to the Agency under |
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1 | item (C) of subsection (a-5) of this Section, the Agency | ||||||
2 | must inspect the structural fill project to ensure that the | ||||||
3 | cover requirements of this item (8) are satisfied for each | ||||||
4 | project involving the use of coal combustion waste as | ||||||
5 | structural fill.
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6 | (9) Mine subsidence, mine fire control, mine sealing, | ||||||
7 | and mine reclamation. | ||||||
8 | (a-5) Except to the extent that the uses are otherwise | ||||||
9 | authorized by law
without such restrictions, the uses specified | ||||||
10 | in items (a)(3)(A) and (a)(7) through (9) shall be subject to | ||||||
11 | the
following conditions:
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12 | (A) CCB shall not have been mixed with hazardous waste | ||||||
13 | prior to use.
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14 | (B) CCB shall not exceed Class I Groundwater Standards | ||||||
15 | for
metals when
tested utilizing test method ASTM D3987-85. | ||||||
16 | The sample or samples tested shall be representative of the | ||||||
17 | CCB being considered for use.
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18 | (C) Unless otherwise exempted, users of CCB for the | ||||||
19 | purposes described in items (a)(3)(A) and (a)(7) through | ||||||
20 | (9) of this Section shall provide notification
to the | ||||||
21 | Agency for each project utilizing CCB documenting the | ||||||
22 | quantity of CCB
utilized and certification of compliance | ||||||
23 | with conditions (A) and (B) of this subsection.
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24 | Notification shall not be required for users of CCB for | ||||||
25 | purposes described in items (a)(1), (a)(2), (a)(3)(B), | ||||||
26 | (a)(4), (a)(5) and (a)(6) of this Section, or as required |
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1 | specifically under a beneficial use determination as | ||||||
2 | provided under this Section, or pavement base, parking lot | ||||||
3 | base, or
building base projects utilizing less than 10,000 | ||||||
4 | tons, flowable fill/grout
projects utilizing less than | ||||||
5 | 1,000 cubic yards or other applications utilizing
less than | ||||||
6 | 100 tons.
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7 | (D) Fly ash shall be managed in a manner that minimizes | ||||||
8 | the generation
of airborne particles and dust using | ||||||
9 | techniques such as moisture conditioning,
granulating, | ||||||
10 | inground application, or other demonstrated method.
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11 | (E) CCB is not to be accumulated speculatively. CCB is | ||||||
12 | not accumulated
speculatively if during the calendar year, | ||||||
13 | the CCB used is equal to 75% of the
CCB by weight or volume | ||||||
14 | accumulated at the beginning of the period.
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15 | (F) CCB shall include any prescribed mixture of fly | ||||||
16 | ash, bottom ash, boiler slag, flue gas desulfurization | ||||||
17 | scrubber sludge, fluidized bed combustion ash, and stoker | ||||||
18 | boiler ash and shall be tested as intended for use.
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19 | (b) To encourage and promote the utilization of CCB in | ||||||
20 | productive and beneficial
applications, upon request by the | ||||||
21 | applicant, the Agency shall make a written beneficial use | ||||||
22 | determination that coal-combustion
waste is CCB when used in a | ||||||
23 | manner other than those uses specified in subsection (a) of | ||||||
24 | this Section if the applicant demonstrates that use of the | ||||||
25 | coal-combustion waste satisfies all of the following criteria: | ||||||
26 | the use will not cause, threaten, or allow the discharge of any |
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1 | contaminant into the environment; the use will otherwise | ||||||
2 | protect human health and safety and the environment; and the | ||||||
3 | use constitutes a legitimate use of the coal-combustion waste | ||||||
4 | as an ingredient or raw material that is an effective | ||||||
5 | substitute for an analogous ingredient or raw material.
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6 | Notwithstanding the criteria set forth in this subsection | ||||||
7 | (b), the The Agency's beneficial use determinations may allow | ||||||
8 | the uses set forth in items (a)(3)(A) and (a)(7) through (9) of | ||||||
9 | this Section without the CCB being subject to the restrictions | ||||||
10 | set forth in subdivisions (a-5)(B) and (a-5)(E) of this | ||||||
11 | Section.
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12 | Within 90 days after the receipt of an application for a | ||||||
13 | beneficial use determination under this subsection (b), the | ||||||
14 | Agency shall, in writing, approve, disapprove, or approve with | ||||||
15 | conditions the beneficial use. Any disapproval or approval with | ||||||
16 | conditions shall include the Agency's reasons for the | ||||||
17 | disapproval or conditions. Failure of the Agency to issue a | ||||||
18 | decision within 90 days shall constitute disapproval of the | ||||||
19 | beneficial use request. These beneficial use determinations | ||||||
20 | are subject to review under Section 40 of this Act.
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21 | Any approval of a beneficial use under this subsection (b) | ||||||
22 | shall become effective upon the date of the Agency's written | ||||||
23 | decision and remain in effect for a period of 5 years. If an | ||||||
24 | applicant desires to continue a beneficial use after the | ||||||
25 | expiration of the 5-year period, the applicant must submit an | ||||||
26 | application for renewal no later than 90 days prior to the |
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1 | expiration. The beneficial use approval shall be automatically | ||||||
2 | extended unless denied by the Agency in writing with the | ||||||
3 | Agency's reasons for disapproval, or unless the Agency has | ||||||
4 | requested an extension for review, in which case the use will | ||||||
5 | continue to be allowed until an Agency determination is made. | ||||||
6 | Coal-combustion waste for which a beneficial use is | ||||||
7 | approved pursuant to this subsection (b) shall be considered | ||||||
8 | CCB during the effective period of the approval, and the | ||||||
9 | continued approval upon renewal may not be denied by the Agency | ||||||
10 | as long as it is used in accordance with the approval and any | ||||||
11 | conditions. Any determination under this subsection (b) is | ||||||
12 | subject to review under Section 40 of this Act. | ||||||
13 | Notwithstanding the other provisions of this subsection | ||||||
14 | (b), written beneficial use determination applications for the | ||||||
15 | use of CCB at sites governed by the federal Surface Mining | ||||||
16 | Control and Reclamation Act of 1977 (P.L. 95-87) or the rules | ||||||
17 | and regulations thereunder, or by any law or rule or regulation | ||||||
18 | adopted by the State of Illinois pursuant thereto, shall be | ||||||
19 | reviewed and approved by the Office of Mines and Minerals | ||||||
20 | within the Department of Natural Resources pursuant to 62 Ill. | ||||||
21 | Adm. Code ยงยง 1700-1850. Further, appeals of those | ||||||
22 | determinations shall be made pursuant to the Illinois | ||||||
23 | Administrative Review Law.
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24 | The Board shall adopt rules establishing standards and | ||||||
25 | procedures for the Agency's issuance of beneficial use | ||||||
26 | determinations under this subsection (b). The Board rules may |
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1 | also, but are not required to, include standards and procedures | ||||||
2 | for the revocation of the beneficial use determinations. Prior | ||||||
3 | to the effective date of Board rules adopted under this | ||||||
4 | subsection (b), the Agency is authorized to make beneficial use | ||||||
5 | determinations in accordance with this subsection (b). | ||||||
6 | Notwithstanding any other rulemaking authority that may | ||||||
7 | exist, neither the Governor nor any agency or agency head under | ||||||
8 | the jurisdiction of the Governor shall make or promulgate rules | ||||||
9 | to implement or enforce the provisions of this amendatory Act | ||||||
10 | of the 95th General Assembly. Nothing contained in this | ||||||
11 | amendatory Act of the 95th General Assembly shall be | ||||||
12 | interpreted to grant rulemaking authority under any other | ||||||
13 | Illinois statute where such authority is not otherwise | ||||||
14 | explicitly given. For the purposes of this paragraph, "rules" | ||||||
15 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
16 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
17 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
18 | the Illinois Administrative Procedure Act to the extent that | ||||||
19 | such definitions apply to agencies or agency heads under the | ||||||
20 | jurisdiction of the Governor. | ||||||
21 | No later than January 1, 2009, the Governor, in | ||||||
22 | coordination with the Agency and the Board, must propose rules | ||||||
23 | to the General Assembly by filing them with the Clerk of the | ||||||
24 | House and the Secretary of the Senate and request that the | ||||||
25 | General Assembly authorize such rulemaking by law, enact those | ||||||
26 | proposed rules into law, or take any other appropriate action |
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1 | in the General Assembly's discretion. The proposed rules must | ||||||
2 | concern the use of CCB under item (8) of subsection (a). The | ||||||
3 | proposed rules must include specific guidelines for the use of | ||||||
4 | CCB as structural fill and a site-approval process. The | ||||||
5 | proposed rules must specify that agency approval is not | ||||||
6 | required for a structural fill project if that project uses | ||||||
7 | less than 10,000 tons of CCB material or if the fill material | ||||||
8 | meets the ASTM D3987-85 standards for Class 1 Groundwater. The | ||||||
9 | proposed rules for a site-approval process must include, along | ||||||
10 | with other permits that may be required, (i) specific | ||||||
11 | timeframes for Agency approval and (ii) informal consultation | ||||||
12 | with the Department of Natural Resources on whether the | ||||||
13 | structural fill project will harm any endangered species. | ||||||
14 | The Agency is authorized to prepare and distribute guidance | ||||||
15 | documents relating to its administration of this Section. | ||||||
16 | Guidance documents prepared under this subsection are not rules | ||||||
17 | for the purposes of the Illinois Administrative Procedure Act.
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18 | (c) In addition to the other penalties and remedies | ||||||
19 | provided in this Act, any person harmed by a violation of item | ||||||
20 | (8) of subsection (a) of this Section may bring a civil action | ||||||
21 | in the circuit court of the county of that person's residence | ||||||
22 | for damages or other appropriate legal or equitable remedies | ||||||
23 | against the violator. | ||||||
24 | (Source: P.A. 94-66, eff. 1-1-06.) |