Sen. Michael E. Hastings

Filed: 5/29/2018

 

 


 

 


 
10000HB4331sam001LRB100 16764 MJP 41116 a

1
AMENDMENT TO HOUSE BILL 4331

2    AMENDMENT NO. ______. Amend House Bill 4331 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 22.51 as follows:
 
6    (415 ILCS 5/22.51)
7    Sec. 22.51. Clean Construction or Demolition Debris Fill
8Operations.
9    (a) No person shall conduct any clean construction or
10demolition debris fill operation in violation of this Act or
11any regulations or standards adopted by the Board.
12    (b)(1)(A) Beginning August 18, 2005 but prior to July 1,
132008, no person shall use clean construction or demolition
14debris as fill material in a current or former quarry, mine, or
15other excavation, unless they have applied for an interim
16authorization from the Agency for the clean construction or

 

 

10000HB4331sam001- 2 -LRB100 16764 MJP 41116 a

1demolition debris fill operation.
2    (B) The Agency shall approve an interim authorization upon
3its receipt of a written application for the interim
4authorization that is signed by the site owner and the site
5operator, or their duly authorized agent, and that contains the
6following information: (i) the location of the site where the
7clean construction or demolition debris fill operation is
8taking place, (ii) the name and address of the site owner,
9(iii) the name and address of the site operator, and (iv) the
10types and amounts of clean construction or demolition debris
11being used as fill material at the site.
12    (C) The Agency may deny an interim authorization if the
13site owner or the site operator, or their duly authorized
14agent, fails to provide to the Agency the information listed in
15subsection (b)(1)(B) of this Section. Any denial of an interim
16authorization shall be subject to appeal to the Board in
17accordance with the procedures of Section 40 of this Act.
18    (D) No person shall use clean construction or demolition
19debris as fill material in a current or former quarry, mine, or
20other excavation for which the Agency has denied interim
21authorization under subsection (b)(1)(C) of this Section. The
22Board may stay the prohibition of this subsection (D) during
23the pendency of an appeal of the Agency's denial of the interim
24authorization brought under subsection (b)(1)(C) of this
25Section.
26    (2) Beginning September 1, 2006, owners and operators of

 

 

10000HB4331sam001- 3 -LRB100 16764 MJP 41116 a

1clean construction or demolition debris fill operations shall,
2in accordance with a schedule prescribed by the Agency, submit
3to the Agency applications for the permits required under this
4Section. The Agency shall notify owners and operators in
5writing of the due date for their permit application. The due
6date shall be no less than 90 days after the date of the
7Agency's written notification. Owners and operators who do not
8receive a written notification from the Agency by October 1,
92007, shall submit a permit application to the Agency by
10January 1, 2008. The interim authorization of owners and
11operators who fail to submit a permit application to the Agency
12by the permit application's due date shall terminate on (i) the
13due date established by the Agency if the owner or operator
14received a written notification from the Agency prior to
15October 1, 2007, or (ii) or January 1, 2008, if the owner or
16operator did not receive a written notification from the Agency
17by October 1, 2007.
18    (3) On and after July 1, 2008, no person shall use clean
19construction or demolition debris as fill material in a current
20or former quarry, mine, or other excavation (i) without a
21permit granted by the Agency for the clean construction or
22demolition debris fill operation or in violation of any
23conditions imposed by such permit, including periodic reports
24and full access to adequate records and the inspection of
25facilities, as may be necessary to assure compliance with this
26Act and with Board regulations and standards adopted under this

 

 

10000HB4331sam001- 4 -LRB100 16764 MJP 41116 a

1Act or (ii) in violation of any regulations or standards
2adopted by the Board under this Act.
3    (4) This subsection (b) does not apply to:
4        (A) the use of clean construction or demolition debris
5    as fill material in a current or former quarry, mine, or
6    other excavation located on the site where the clean
7    construction or demolition debris was generated;
8        (B) the use of clean construction or demolition debris
9    as fill material in an excavation other than a current or
10    former quarry or mine if this use complies with Illinois
11    Department of Transportation specifications; or
12        (C) current or former quarries, mines, and other
13    excavations that do not use clean construction or
14    demolition debris as fill material.
15    (c) In accordance with Title VII of this Act, the Board may
16adopt regulations to promote the purposes of this Section. The
17Agency shall consult with the mining and construction
18industries during the development of any regulations to promote
19the purposes of this Section.
20        (1) No later than December 15, 2005, the Agency shall
21    propose to the Board, and no later than September 1, 2006,
22    the Board shall adopt, regulations for the use of clean
23    construction or demolition debris as fill material in
24    current and former quarries, mines, and other excavations.
25    Such regulations shall include, but shall not be limited
26    to, standards for clean construction or demolition debris

 

 

10000HB4331sam001- 5 -LRB100 16764 MJP 41116 a

1    fill operations and the submission and review of permits
2    required under this Section.
3        (2) Until the Board adopts rules under subsection
4    (c)(1) of this Section, all persons using clean
5    construction or demolition debris as fill material in a
6    current or former quarry, mine, or other excavation shall:
7            (A) Assure that only clean construction or
8        demolition debris is being used as fill material by
9        screening each truckload of material received using a
10        device approved by the Agency that detects volatile
11        organic compounds. Such devices may include, but are
12        not limited to, photo ionization detectors. All
13        screening devices shall be operated and maintained in
14        accordance with manufacturer's specifications.
15        Unacceptable fill material shall be rejected from the
16        site; and
17            (B) Retain for a minimum of 3 years the following
18        information:
19                (i) The name of the hauler, the name of the
20            generator, and place of origin of the debris or
21            soil;
22                (ii) The approximate weight or volume of the
23            debris or soil; and
24                (iii) The date the debris or soil was received.
25    (d) This Section applies only to clean construction or
26demolition debris that is not considered "waste" as provided in

 

 

10000HB4331sam001- 6 -LRB100 16764 MJP 41116 a

1Section 3.160 of this Act.
2    (e) For purposes of this Section:
3        (1) The term "operator" means a person responsible for
4    the operation and maintenance of a clean construction or
5    demolition debris fill operation.
6        (2) The term "owner" means a person who has any direct
7    or indirect interest in a clean construction or demolition
8    debris fill operation or in land on which a person operates
9    and maintains a clean construction or demolition debris
10    fill operation. A "direct or indirect interest" does not
11    include the ownership of publicly traded stock. The "owner"
12    is the "operator" if there is no other person who is
13    operating and maintaining a clean construction or
14    demolition debris fill operation.
15        (3) The term "clean construction or demolition debris
16    fill operation" means a current or former quarry, mine, or
17    other excavation where clean construction or demolition
18    debris is used as fill material.
19        (4) The term "uncontaminated soil" shall have the same
20    meaning as uncontaminated soil under Section 3.160 of this
21    Act.
22    (f)(1) No later than one year after the effective date of
23this amendatory Act of the 96th General Assembly, the Agency
24shall propose to the Board, and, no later than one year after
25the Board's receipt of the Agency's proposal, the Board shall
26adopt, rules for the use of clean construction or demolition

 

 

10000HB4331sam001- 7 -LRB100 16764 MJP 41116 a

1debris and uncontaminated soil as fill material at clean
2construction or demolition debris fill operations. The rules
3must include standards and procedures necessary to protect
4groundwater, which may include, but shall not be limited to,
5the following: requirements regarding testing and
6certification of soil used as fill material, surface water
7runoff, liners or other protective barriers, monitoring
8(including, but not limited to, groundwater monitoring),
9corrective action, recordkeeping, reporting, closure and
10post-closure care, financial assurance, post-closure land use
11controls, location standards, and the modification of existing
12permits to conform to the requirements of this Act and Board
13rules. The rules may also include limits on the use of
14recyclable concrete and asphalt as fill material at clean
15construction or demolition debris fill operations, taking into
16account factors such as technical feasibility, economic
17reasonableness, and the availability of markets for such
18materials.
19    (2) Until the effective date of the Board rules adopted
20under subdivision (f)(1) of this Section, and in addition to
21any other requirements, owners and operators of clean
22construction or demolition debris fill operations must do all
23of the following in subdivisions (f)(2)(A) through (f)(2)(D) of
24this Section for all clean construction or demolition debris
25and uncontaminated soil accepted for use as fill material. The
26requirements in subdivisions (f)(2)(A) through (f)(2)(D) of

 

 

10000HB4331sam001- 8 -LRB100 16764 MJP 41116 a

1this Section shall not limit any rules adopted by the Board.
2        (A) Document the following information for each load of
3    clean construction or demolition debris or uncontaminated
4    soil received: (i) the name of the hauler, the address of
5    the site of origin, and the owner and the operator of the
6    site of origin of the clean construction or demolition
7    debris or uncontaminated soil, (ii) the weight or volume of
8    the clean construction or demolition debris or
9    uncontaminated soil, and (iii) the date the clean
10    construction or demolition debris or uncontaminated soil
11    was received.
12        (B) For all soil, obtain either (i) a certification
13    from the owner or operator of the site from which the soil
14    was removed that the site has never been used for
15    commercial or industrial purposes and is presumed to be
16    uncontaminated soil or (ii) a certification from a licensed
17    Professional Engineer or licensed Professional Geologist
18    that the soil is uncontaminated soil. Certifications
19    required under this subdivision (f)(2)(B) must be on forms
20    and in a format prescribed by the Agency.
21        (C) Confirm that the clean construction or demolition
22    debris or uncontaminated soil was not removed from a site
23    as part of a cleanup or removal of contaminants, including,
24    but not limited to, activities conducted under the
25    Comprehensive Environmental Response, Compensation, and
26    Liability Act of 1980, as amended; as part of a Closure or

 

 

10000HB4331sam001- 9 -LRB100 16764 MJP 41116 a

1    Corrective Action under the Resource Conservation and
2    Recovery Act, as amended; or under an Agency remediation
3    program, such as the Leaking Underground Storage Tank
4    Program or Site Remediation Program, but excluding sites
5    subject to Section 58.16 of this Act where there is no
6    presence or likely presence of a release or a substantial
7    threat of a release of a regulated substance at, on, or
8    from the real property.
9        (D) Document all activities required under subdivision
10    (f)(2) of this Section. Documentation of any chemical
11    analysis must include, but is not limited to, (i) a copy of
12    the lab analysis, (ii) accreditation status of the
13    laboratory performing the analysis, and (iii)
14    certification by an authorized agent of the laboratory that
15    the analysis has been performed in accordance with the
16    Agency's rules for the accreditation of environmental
17    laboratories and the scope of accreditation.
18    (3) Owners and operators of clean construction or
19demolition debris fill operations must maintain all
20documentation required under subdivision (f)(2) of this
21Section for a minimum of 3 years following the receipt of each
22load of clean construction or demolition debris or
23uncontaminated soil, except that documentation relating to an
24appeal, litigation, or other disputed claim must be maintained
25until at least 3 years after the date of the final disposition
26of the appeal, litigation, or other disputed claim. Copies of

 

 

10000HB4331sam001- 10 -LRB100 16764 MJP 41116 a

1the documentation must be made available to the Agency and to
2units of local government for inspection and copying during
3normal business hours. The Agency may prescribe forms and
4formats for the documentation required under subdivision
5(f)(2) of this Section.
6    Chemical analysis conducted under subdivision (f)(2) of
7this Section must be conducted in accordance with the
8requirements of 35 Ill. Adm. Code 742, as amended, and "Test
9Methods for Evaluating Solid Waste, Physical/Chemical
10Methods", USEPA Publication No. SW-846, as amended.
11    (g)(1) No person shall use soil other than uncontaminated
12soil as fill material at a clean construction or demolition
13debris fill operation.
14    (2) No person shall use construction or demolition debris
15other than clean construction or demolition debris as fill
16material at a clean construction or demolition debris fill
17operation.
18    (h) The Board shall adopt rules allowing the owner or
19operator of a permitted clean construction or demolition debris
20fill operation consisting of more than 40 acres but less than
2175 acres and located in a county with a population over
222,000,000 to apply to the Agency to transfer a portion of the
23site to another person before termination of the permit, and to
24have the transferred portion of the site removed from the
25permit before completion of closure and post-closure
26maintenance, if the following requirements are met:

 

 

10000HB4331sam001- 11 -LRB100 16764 MJP 41116 a

1        (1) The owner or operator shall file with the Agency:
2            (A) an application to modify the clean
3        construction or demolition debris fill operation
4        permit to recognize a change in ownership of the
5        transferred property before completion of closure and
6        post-closure maintenance;
7            (B) documentation identifying the portion of the
8        site being transferred, including, but not limited to,
9        a survey of the portion of the clean construction or
10        demolition debris fill operation being transferred;
11        and
12            (C) a copy of the new owner's plans for the portion
13        of the site being transferred that document how the
14        site will be developed, including, but not limited to,
15        plans demonstrating how the closure and post-closure
16        requirements set forth in Board rules will be
17        satisfied.
18        (2) The owner or operator of the site shall conduct a
19    Phase I and Phase II Environmental Site Assessment in
20    accordance with Board rules and provide a copy of each
21    assessment to the prospective owner and to the Agency as
22    part of an application to modify the clean construction or
23    demolition debris fill operation permit to remove a portion
24    of the site from the permit.
25        (3) The portion of the site being transferred shall be
26    filled to within at least 3 feet of the final fill

 

 

10000HB4331sam001- 12 -LRB100 16764 MJP 41116 a

1    elevation that would otherwise be required under the
2    closure and post-closure maintenance requirements in the
3    permit.
4        (4) The owner or operator shall post with the Agency a
5    performance bond for purposes of closure and post-closure
6    maintenance of the portion of the site being transferred.
7    The bond shall be directly related to the estimate of the
8    costs for the Agency to remediate the transferred portion
9    of the site to a condition consistent with the closure and
10    post-closure maintenance requirements applicable to the
11    site. The bond required under this paragraph shall not
12    affect in any way any obligation or liability of any person
13    under this Act or any other State or federal law.
14        (5) The person to whom a portion of a permitted clean
15    construction or demolition debris fill operation is
16    transferred must complete closure and post-closure
17    maintenance for the transferred portion of the site in
18    accordance with Board rules. The rules adopted under this
19    subsection shall also specify the conditions under which
20    the State is entitled to collect moneys from the
21    performance bond required under paragraph (4).
22        (6) Any money forfeited to the State of Illinois from
23    any performance bond required under this subsection shall
24    be deposited in to the Landfill Closure and Post-Closure
25    Fund established under Section 21.1 of this Act and shall,
26    upon approval by the Governor and the Director of the

 

 

10000HB4331sam001- 13 -LRB100 16764 MJP 41116 a

1    Agency, be used by and under the direction of the Agency
2    for the purposes for which the performance bond was issued.
3    The Agency shall have the authority to approve or
4    disapprove any performance bond posted in accordance with
5    the rules adopted under this subsection. If the Agency
6    disapproves a performance bond required under the rules
7    adopted under this subsection, the person whose
8    performance bond is disapproved by the Agency may contest
9    the disapproval in the same manner as the appeal of a
10    permit denial under Section 40 of this Act. Until such time
11    as the Agency either collects bond money forfeited to the
12    State in accordance with rules adopted by the Board under
13    this Section or the Agency releases the bond in favor of
14    the site owner or operator who posted the bond, the name
15    and address of the current owner of the portion of the
16    clean construction or demolition debris site transferred
17    under this subsection shall be provided to the Agency for
18    record keeping purposes.
19        (7) The Agency is authorized to enter into contracts
20    and agreements as it may deem necessary to carry out the
21    purposes of this subsection or rules adopted under this
22    subsection. Neither the State, the Director of the Agency,
23    nor any State employee shall be liable for any damages or
24    injuries arising out of or resulting from any action taken
25    under this subsection or rules adopted under this
26    subsection.

 

 

10000HB4331sam001- 14 -LRB100 16764 MJP 41116 a

1(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".