HB3095 EngrossedLRB103 29060 CPF 55446 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Sections 3.535 and 22.54 and by adding Section 3.134
6as follows:
 
7    (415 ILCS 5/3.134 new)
8    Sec. 3.134. Limestone Residual materials.
9    (a) "Limestone residual materials" or "LRM" means
10limestone residual generated from the treatment of drinking
11water from a publicly-owned drinking water treatment plant
12when used beneficially as:
13        (1) a structural fill, designed and constructed
14    according to American Society of Testing and Materials
15    standard E2277-03 or Department of Transportation
16    specifications, when used in an engineered application or
17    combined with cement, sand, or water to produce a
18    controlled strength fill material and covered with 12
19    inches of soil unless infiltration is prevented by the
20    material itself or other cover material;
21        (2) a mine subsidence fill or a material for mine fire
22    control, mine sealing, or mine reclamation; or
23        (3) a functionally equivalent substitute for

 

 

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1    agricultural limestone at rates necessary for the pH
2    adjustment of soil.
3    (b) Except to the extent that the uses are otherwise
4authorized by law without such restrictions, the uses of
5limestone residual materials specified in subsection (a) shall
6be subject to the following conditions:
7        (1) The LRM must only be generated from the treatment
8    of drinking water by a municipal utility in a Class I city
9    and have a calcium carbonate equivalent greater than 85%.
10        (2) The LRM must not have been mixed with any waste,
11    hazardous or otherwise, prior to use.
12        (3) The LRM must not exceed Class I Groundwater
13    standards for metals when tested utilizing test method
14    American Society of Testing and Materials D3987-85.
15        (4) The LRM must not be accumulated speculatively.
16    Limestone residual materials are not accumulated
17    speculatively if, during any 12-month period, the
18    limestone residual materials used are equal to 75% of the
19    limestone residual materials by weight or volume
20    accumulated at the beginning of the period.
21    (c) Any person using limestone residual materials for any
22of the purposes described in subsection (a) and meeting the
23conditions of subsection (b) of this Section shall provide an
24annual notification to the Agency for each project utilizing
25limestone residual materials documenting the quantity of
26limestone residual materials utilized and shall certify

 

 

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1compliance with the conditions contained in subsection (b).
2    (d) To encourage and promote the use of limestone residual
3materials in productive and beneficial applications, the
4Agency shall, upon request by the applicant, make a written
5beneficial use determination that limestone residual generated
6from the treatment of drinking water is limestone residual
7materials when used in a manner other than those uses
8specified in subsection (a) of this Section if the applicant
9demonstrates that use of the limestone residual satisfies all
10of the following criteria: (i) the use will not cause,
11threaten, or allow the discharge of any contaminant into the
12environment; (ii) the use will otherwise protect human health
13and safety and the environment; and (iii) the use constitutes
14a legitimate use of the lime sludge as an ingredient or raw
15material that is an effective substitute for an analogous
16ingredient or raw material.
17    Within 90 days after the receipt of an application for a
18beneficial use determination under this subsection, the Agency
19shall, in writing, approve, disapprove, or approve with
20conditions the beneficial use. Any disapproval or approval
21with conditions shall include the Agency's reasons for the
22disapproval or conditions. Failure of the Agency to issue a
23decision within 90 days shall constitute disapproval of the
24beneficial use request. The beneficial use determinations
25described in this Section are subject to review under Section
2640 of this Act.

 

 

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1    Any approval of a beneficial use under this subsection
2shall become effective upon the date of the Agency's written
3decision and shall remain in effect for a period of 10 years.
4If an applicant desires to continue a beneficial use after the
5expiration of the 10-year period, the applicant must submit an
6application for renewal no later than 90 days prior to the
7expiration. The beneficial use approval shall be automatically
8extended unless denied by the Agency in writing with the
9Agency's reasons for disapproval, or unless the Agency has
10requested an extension for review, in which case the use will
11continue to be allowed until an Agency determination is made.
12    Limestone residual for which a beneficial use is approved
13pursuant to this subsection shall be considered limestone
14residual materials during the effective period of the
15approval, as long as it is used in accordance with the approval
16and any specified conditions.
17    Notwithstanding the other provisions of this subsection,
18written beneficial use determination applications for the use
19of limestone residual materials at sites governed by the
20federal Surface Mining Control and Reclamation Act of 1977 or
21the rules and regulations thereunder, or by any law or rule or
22regulation adopted by the State pursuant thereto, shall be
23reviewed and approved by the Office of Mines and Minerals
24within the Department of Natural Resources pursuant to 62 Ill.
25Adm. Code 1700 through 1850. Further, appeals of those
26determinations shall be made pursuant to the Illinois

 

 

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1Administrative Review Law.
2    The Board shall adopt rules establishing standards and
3procedures for the Agency's issuance of beneficial use
4determinations under this subsection. The Board rules may
5also, but are not required to, include standards and
6procedures for the revocation of the beneficial use
7determinations. Prior to the effective date of Board rules
8adopted under this subsection, the Agency is authorized to
9make beneficial use determinations in accordance with this
10subsection.
11    The Agency is authorized to prepare and distribute
12guidance documents relating to its administration of this
13Section. Guidance documents prepared under this subsection are
14not rules for the purposes of the Illinois Administrative
15Procedure Act.
 
16    (415 ILCS 5/3.535)  (was 415 ILCS 5/3.53)
17    Sec. 3.535. Waste. "Waste" means any garbage, sludge from
18a waste treatment plant, water supply treatment plant, or air
19pollution control facility or other discarded material,
20including solid, liquid, semi-solid, or contained gaseous
21material resulting from industrial, commercial, mining and
22agricultural operations, and from community activities, but
23does not include solid or dissolved material in domestic
24sewage, or solid or dissolved materials in irrigation return
25flows, or limestone residual materials as defined in Section

 

 

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13.134, or coal combustion by-products as defined in Section
23.135, or industrial discharges which are point sources
3subject to permits under Section 402 of the Federal Water
4Pollution Control Act, as now or hereafter amended, or source,
5special nuclear, or by-product materials as defined by the
6Atomic Energy Act of 1954, as amended (68 Stat. 921) or any
7solid or dissolved material from any facility subject to the
8Federal Surface Mining Control and Reclamation Act of 1977
9(P.L. 95-87) or the rules and regulations thereunder or any
10law or rule or regulation adopted by the State of Illinois
11pursuant thereto.
12(Source: P.A. 92-574, eff. 6-26-02.)
 
13    (415 ILCS 5/22.54)
14    Sec. 22.54. Beneficial Use Determinations. The purpose of
15this Section is to allow the Agency to determine that a
16material otherwise required to be managed as waste may be
17managed as non-waste if that material is used beneficially and
18in a manner that is protective of human health and the
19environment.
20    (a) To the extent allowed by federal law, the Agency may,
21upon the request of an applicant, make a written determination
22that a material is used beneficially (rather than discarded)
23and, therefore, not a waste if the applicant demonstrates all
24of the following:
25        (1) The chemical and physical properties of the

 

 

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1    material are comparable to similar commercially available
2    materials.
3        (2) The market demand for the material is such that
4    all of the following requirements are met:
5            (A) The material will be used within a reasonable
6        time.
7            (B) The material's storage prior to use will be
8        minimized.
9            (C) The material will not be abandoned.
10        (3) The material is legitimately beneficially used.
11    For the purposes of this item (3) of subsection (a) of this
12    Section, a material is "legitimately beneficially used" if
13    the applicant demonstrates all of the following:
14            (A) The material is managed separately from waste,
15        as a valuable material, and in a manner that maintains
16        its beneficial usefulness, including, but not limited
17        to, storing in a manner that minimizes the material's
18        loss and maintains its beneficial usefulness.
19            (B) The material is used as an effective
20        substitute for a similar commercially available
21        material. For the purposes of this paragraph (B) of
22        item (3) of subsection (a) of this Section, a material
23        is "used as an effective substitute for a commercially
24        available material" if the applicant demonstrates one
25        or more of the following:
26                (i) The material is used as a valuable raw

 

 

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1            material or ingredient to produce a legitimate end
2            product.
3                (ii) The material is used directly as a
4            legitimate end product in place of a similar
5            commercially available product.
6                (iii) The material replaces a catalyst or
7            carrier to produce a legitimate end product.
8            The applicant's demonstration under this paragraph
9        (B) of item (3) of subsection (a) of this Section must
10        include, but is not limited to, a description of the
11        use of the material, a description of the use of the
12        legitimate end product, and a demonstration that the
13        use of the material is comparable to the use of similar
14        commercially available products.
15            (C) The applicant demonstrates all of the
16        following:
17                (i) The material is used under paragraph (B)
18            of item (3) of subsection (a) of this Section
19            within a reasonable time.
20                (ii) The material's storage prior to use is
21            minimized.
22                (iii) The material is not abandoned.
23        (4) The management and use of the material will not
24    cause, threaten, or allow the release of any contaminant
25    into the environment, except as authorized by law.
26        (5) The management and use of the material otherwise

 

 

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1    protects human health and safety and the environment.
2    (b) Applications for beneficial use determinations must be
3submitted on forms and in a format prescribed by the Agency.
4Agency approval, approval with conditions, or disapproval of
5an application for a beneficial use determination must be in
6writing. Approvals with conditions and disapprovals of
7applications for a beneficial use determination must include
8the Agency's reasons for the conditions or disapproval, and
9they are subject to review under Section 40 of this Act.
10    (c) Beneficial use determinations shall be effective for a
11period approved by the Agency, but that period may not exceed 5
12years. Material that is beneficially used (i) in accordance
13with a beneficial use determination, (ii) during the effective
14period of the beneficial use determination, and (iii) by the
15recipient of a beneficial use determination shall maintain its
16non-waste status after the effective period of the beneficial
17use determination unless its use no longer complies with the
18terms of the beneficial use determination or the material
19otherwise becomes waste.
20    (d) No recipient of a beneficial use determination shall
21manage or use the material that is the subject of the
22determination in violation of the determination or any
23conditions in the determination, unless the material is
24managed as waste.
25    (e) A beneficial use determination shall terminate by
26operation of law if, due to a change in law, it conflicts with

 

 

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1the law; however, the recipient of the determination may apply
2for a new beneficial use determination that is consistent with
3the law as amended.
4    (f) This Section does not apply to hazardous waste, coal
5combustion waste, coal combustion by-product, limestone
6residual materials, sludge applied to the land, potentially
7infectious medical waste, or used oil.
8    (g) This Section does not apply to material that is burned
9for energy recovery, that is used to produce a fuel, or that is
10otherwise contained in a fuel. The prohibition in this
11subsection (g) does not apply to any dust suppressants applied
12to a material that is (i) burned for energy recovery, (ii) used
13to produce a fuel, or (iii) otherwise contained in a fuel.
14    (h) This Section does not apply to waste from the steel and
15foundry industries that is (i) classified as beneficially
16usable waste under Board rules and (ii) beneficially used in
17accordance with Board rules governing the management of
18beneficially usable waste from the steel and foundry
19industries. This Section does apply to other beneficial uses
20of waste from the steel and foundry industries, including, but
21not limited to, waste that is classified as beneficially
22usable waste but not used in accordance with the Board's rules
23governing the management of beneficially usable waste from the
24steel and foundry industries. No person shall use iron slags,
25steelmaking slags, or foundry sands for land reclamation
26purposes unless they have obtained a beneficial use

 

 

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1determination for such use under this Section.
2    (i) For purposes of this Section, the term "commercially
3available material" means virgin material that (i) meets
4industry standards for a specific use and (ii) is normally
5sold for such use. For purposes of this Section, the term
6"commercially available product" means a product made of
7virgin material that (i) meets industry standards for a
8specific use and (ii) is normally sold for such use.
9    (j) Before issuing a beneficial use determination for the
10beneficial use of asphalt shingles, the Agency shall conduct
11an evaluation of the applicant's prior experience in asphalt
12shingle recycling operations. The Agency may deny such a
13beneficial use determination if the applicant, or any employee
14or officer of the applicant, has a history of any one or more
15of the following related to the operation of asphalt shingle
16recycling operation facilities or sites:
17        (1) repeated violations of federal, State, or local
18    laws, rules, regulations, standards, or ordinances;
19        (2) conviction in a court of this State or another
20    state of any crime that is a felony under the laws of this
21    State;
22        (3) conviction in a federal court of any crime that is
23    a felony under federal law;
24        (4) conviction in a court of this State or another
25    state, or in a federal court, of forgery, official
26    misconduct, bribery, perjury, or knowingly submitting

 

 

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1    false information under any environmental law, rule,
2    regulation, or permit term or condition; or
3        (5) gross carelessness or incompetence in the
4    handling, storing, processing, transporting, disposing, or
5    recycling of asphalt shingles.
6(Source: P.A. 98-296, eff. 1-1-14; 99-89, eff. 1-1-16.)