Sen. Michael E. Hastings

Filed: 5/30/2018

 

 


 

 


 
10000HB4331sam002LRB100 16764 MJP 41166 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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 located on a property having the following legal
21description to apply to the Agency to transfer a portion of the
22site to another person before termination of the permit, and to
23have the transferred portion of the site removed from the
24permit before completion of closure and post-closure
25maintenance, before the Agency's permit modification: THAT
26PART OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 38 NORTH,

 

 

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1RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH
2PARTS OF VARIOUS LOTS IN HO STONE AND COMPANY'S 5TH ADDITION IN
3SECTION 2 AFORESAID, AND PART OF 44TH PLACE (50 FEET WIDE)
4BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION
5OF THE NORTH LINE OF 43RD PLACE (66 FEET WIDE) AND THE WEST
6LINE OF VACATED RIVERSIDE AVENUE (33 FEET WIDE); THENCE SOUTH
789 DEGREES 59 MINUTES 49 SECONDS WEST 33.00 FEET; THENCE SOUTH
800 DEGREES 05 MINUTES 20 SECONDS EAST BEING ALONG THE WEST LINE
9OF RIVERSIDE AVENUE (NOW 66 FEET WIDE) 619.09 FEET TO THE NORTH
10LINE OF 44TH PLACE; THENCE SOUTH 89 DEGREES 59 MINUTES 52
11SECONDS WEST 762.07 FEET; THENCE SOUTH 00 DEGREES 06 MINUTES 21
12SECONDS WEST 405.04 (311.45 RECORD) FEET; THENCE NORTH 89
13DEGREES 59 MINUTES 58 SECONDS EAST 17.0 FEET; THENCE SOUTH 00
14DEGREES 06 MINUTES 11 SECONDS WEST 127.15 FEET; THENCE SOUTH 08
15DEGREES 44 MINUTES 49 SECONDS EAST 360.40 FEET; THENCE
16SOUTHEASTERLY 202.12 FEET ALONG THE ARC OF A CIRCLE CONVEX
17SOUTHWESTERLY WITH A RADIUS OF 920.90 FEET AND WHOSE CHORD
18BEARS SOUTH 15 DEGREES 02 MINUTES 04 SECONDS EAST A DISTANCE OF
19201.71 FEET; THENCE SOUTH 21 DEGREES 19 MINUTES 19 SECONDS EAST
20382.0 FEET; THENCE SOUTHEASTERLY 236.28 FEET ALONG AN ARC OF A
21CIRCLE CONVEX NORTHEASTERLY WITH A RADIUS OF 637.10 FEET AND
22WHOSE CHORD BEARS SOUTH 10 DEGREES 41 MINUTES 49 SECONDS EAST A
23DISTANCE OF 234.94 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 19
24SECONDS EAST 30.47 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 52
25SECONDS WEST 44.0 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 52
26SECONDS WEST 30.48 FEET; THENCE NORTHWESTERLY 219.98 FEET ALONG

 

 

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1AN ARC OF A CIRCLE CONVEX NORTHEASTERLY WITH A RADIUS OF 593.10
2FEET AND WHOSE CHORD BEARS NORTH 10 DEGREES 41 MINUTES 49
3SECONDS WEST A DISTANCE OF 218.71 FEET; THENCE NORTH 21 DEGREES
419 MINUTES 19 SECONDS WEST 382.0 FEET; THENCE NORTHWESTERLY
5211.77 FEET ALONG AN ARC OF A CIRCLE CONVEX SOUTHWESTERLY WITH
6A RADIUS OF 964.90 FEET AND WHOSE CHORD BEARS NORTH 15 DEGREES
702 MINUTES 04 SECONDS WEST A DISTANCE OF 211.35 FEET; THENCE
8NORTH 08 DEGREES 44 MINUTES 49 SECONDS WEST 250.76 FEET; THENCE
9NORTHWESTERLY 148.11 FEET ALONG AN ARC OF A CIRCLE CONVEX
10WESTERLY WITH A RADIUS OF 960.08 FEET AND WHOSE CHORD BEARS
11NORTH 04 DEGREES 21 MINUTES 05 SECONDS WEST A DISTANCE OF
12147.96 FEET; THENCE NORTH 00 DEGREES 06 MINUTES 11 SECONDS EAST
13195.67 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 58 SECONDS WEST
1411.90 FEET ALONG THE SOUTH LINE OF 45TH STREET; THENCE NORTH 00
15DEGREES 06 MINUTES 21 SECONDS EAST 303.98 FEET; THENCE SOUTH 89
16DEGREES 59 MINUTES 52 SECONDS WEST 108.12 FEET ALONG SAID NORTH
17LINE OF 44TH PLACE TO THE EAST LINE OF FIRST AVENUE; THENCE
18NORTH 01 DEGREES 18 MINUTES 13 SECONDS EAST 290.89 FEET ALONG
19SAID EAST LINE OF FIRST AVENUE; THENCE NORTH 02 DEGREES 21
20MINUTES 09 SECONDS EAST 577.06 FEET ALONG SAID EAST LINE OF
21FIRST AVENUE; THENCE NORTH 03 DEGREES 06 MINUTES 19 SECONDS
22EAST 56.48 FEET ALONG SAID EAST LINE OF FIRST AVENUE; THENCE
23NORTH 89 DEGREES 58 MINUTES 49 SECONDS WEST 901.37 FEET ALONG
24THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 2 TO SAID
25WEST LINE OF VACATED RIVERSIDE AVENUE (33 FEET WIDE); THENCE
26SOUTH 00 DEGREES 05 MINUTES 20 SECONDS EAST 304.34 FEET TO THE

 

 

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1POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
2    The owner or operator of the permitted clean construction
3or demolition debris fill operation described under this
4subsection must meet the following requirements:
5        (1) The owner or operator shall file with the Agency:
6            (A) an application to modify the clean
7        construction or demolition debris fill operation
8        permit to recognize a change in ownership of the
9        transferred property before completion of closure and
10        post-closure maintenance;
11            (B) documentation identifying the portion of the
12        site being transferred, including, but not limited to,
13        a survey of the portion of the clean construction or
14        demolition debris fill operation being transferred;
15        and
16            (C) a copy of the new owner's plans for the portion
17        of the site being transferred that document how the
18        site will be developed, including, but not limited to,
19        plans demonstrating how the closure and post-closure
20        requirements set forth in Board rules will be
21        satisfied, which shall be signed by the new owner of
22        the portion of the site being transferred and include
23        the name, address, and contact information of the new
24        owner.
25        (2) The owner or operator of the site shall conduct a
26    Phase I and Phase II Environmental Site Assessment in

 

 

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1    accordance with Board rules and provide a copy of each
2    assessment to the prospective owner and to the Agency as
3    part of an application to modify the clean construction or
4    demolition debris fill operation permit to remove a portion
5    of the site from the permit.
6        (3) The portion of the site being transferred shall be
7    filled to within at least 3 feet of the final fill
8    elevation that would otherwise be required under the
9    closure and post-closure maintenance requirements in the
10    permit.
11        (4) The owner or operator shall post with the Agency a
12    performance bond for purposes of closure and post-closure
13    maintenance of the portion of the site being transferred.
14    The bond shall be directly related to the estimate of the
15    costs for the Agency to bring the transferred portion of
16    the site to a condition consistent with the closure and
17    post-closure maintenance requirements applicable to the
18    site. The bond required under this paragraph shall not
19    affect in any way any obligation or liability of any person
20    under this Act or any other State or federal law.
21        (5) The person to whom a portion of a permitted clean
22    construction or demolition debris fill operation is
23    transferred must complete closure and post-closure
24    maintenance for the transferred portion of the site in
25    accordance with Board rules. The rules adopted under this
26    subsection shall also specify the conditions under which

 

 

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1    the State is entitled to collect moneys from the
2    performance bond required under paragraph (4).
3        (6) Any money forfeited to the State of Illinois from
4    any performance bond required under this subsection shall
5    be deposited in to the Landfill Closure and Post-Closure
6    Fund established under Section 21.1 of this Act and shall,
7    upon approval by the Governor and the Director of the
8    Agency, be used by and under the direction of the Agency
9    for the purposes for which the performance bond was issued.
10    The Agency shall have the authority to approve or
11    disapprove any performance bond posted in accordance with
12    the rules adopted under this subsection. If the Agency
13    disapproves a performance bond required under the rules
14    adopted under this subsection, the person whose
15    performance bond is disapproved by the Agency may contest
16    the disapproval in the same manner as the appeal of a
17    permit denial under Section 40 of this Act. Until such time
18    as the Agency either collects bond money forfeited to the
19    State in accordance with rules adopted by the Board under
20    this Section or the Agency releases the bond in favor of
21    the site owner or operator who posted the bond, the name
22    and address of the current owner of the portion of the
23    clean construction or demolition debris site transferred
24    under this subsection shall be provided to the Agency for
25    record keeping purposes.
26        (7) The Agency is authorized to enter into contracts

 

 

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1    and agreements as it may deem necessary to carry out the
2    purposes of this subsection or rules adopted under this
3    subsection. Neither the State, the Director of the Agency,
4    nor any State employee shall be liable for any damages or
5    injuries arising out of or resulting from any action taken
6    under this subsection or rules adopted under this
7    subsection.
8(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".