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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 22.38 as follows:
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6 | (415 ILCS 5/22.38)
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7 | Sec. 22.38. Facilities accepting exclusively general | ||||||
8 | construction or
demolition debris
for transfer, storage, or | ||||||
9 | treatment.
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10 | (a) Facilities accepting exclusively general construction | ||||||
11 | or demolition
debris for
transfer, storage, or treatment shall | ||||||
12 | be subject to local zoning, ordinance,
and
land use | ||||||
13 | requirements.
Those facilities shall be located in accordance | ||||||
14 | with local zoning requirements
or, in the absence of local | ||||||
15 | zoning requirements, shall be located so that no
part of the | ||||||
16 | facility boundary is closer than 1,320 feet from the nearest
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17 | property zoned for primarily residential use.
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18 | (b) An owner or operator of a facility accepting | ||||||
19 | exclusively general
construction or demolition debris for | ||||||
20 | transfer, storage, or treatment shall:
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21 | (1) within 48 hours of receipt of the general | ||||||
22 | construction or demolition
debris at the facility, sort the | ||||||
23 | general construction or demolition debris to
separate the
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1 | recyclable general construction or demolition debris from | ||||||
2 | non-recyclable
general construction or demolition debris | ||||||
3 | to be disposed of or discarded;
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4 | (2) transport off site for disposal all non-recyclable | ||||||
5 | general
construction or demolition debris in
accordance | ||||||
6 | with all applicable federal, State, and local requirements | ||||||
7 | within 72
hours of its receipt at the facility;
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8 | (3) limit the percentage of incoming non-recyclable | ||||||
9 | general construction
or demolition debris to 25% or
less of | ||||||
10 | the total incoming general construction or demolition | ||||||
11 | debris,
as calculated on a daily basis;
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12 | (4) transport all non-putrescible recyclable general | ||||||
13 | construction or
demolition debris
for recycling or | ||||||
14 | disposal within 6 months of its receipt at the facility;
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15 | (5) transport all putrescible or combustible | ||||||
16 | recyclable general
construction or demolition debris
for | ||||||
17 | recycling or disposal within 45 days of its receipt at
the | ||||||
18 | facility;
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19 | (6) employ tagging and recordkeeping procedures to (i) | ||||||
20 | demonstrate
compliance
with this Section and (ii) identify | ||||||
21 | the source and transporter of material
accepted by the | ||||||
22 | facility;
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23 | (7) control odor, noise, combustion of materials, | ||||||
24 | disease vectors, dust,
and litter;
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25 | (8) control, manage, and dispose of any storm water | ||||||
26 | runoff and leachate
generated at the facility in accordance |
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1 | with applicable federal, State, and
local requirements;
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2 | (9) control access to the facility;
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3 | (10) comply with all applicable federal, State, or | ||||||
4 | local requirements for
the handling, storage, | ||||||
5 | transportation, or disposal of asbestos-containing
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6 | material or other material accepted at the
facility that is | ||||||
7 | not general construction or demolition debris; and
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8 | (11) submit to the Agency at least 30 days prior to the | ||||||
9 | initial acceptance
of general construction or demolition | ||||||
10 | debris at the facility, on forms provided
by the Agency, | ||||||
11 | the following information:
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12 | (A) the name, address, and telephone number of both | ||||||
13 | the facility owner
and operator;
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14 | (B) the street address and location of the | ||||||
15 | facility;
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16 | (C) a description of facility operations;
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17 | (D) a description of the tagging and recordkeeping | ||||||
18 | procedures the
facility will employ to (i) demonstrate | ||||||
19 | compliance with this Section and (ii)
identify the | ||||||
20 | source and transporter of any material accepted by the | ||||||
21 | facility;
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22 | (E) the name and location of the disposal site to | ||||||
23 | be used for the
transportation and disposal of | ||||||
24 | non-recyclable materials accepted at the
facility;
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25 | (F) the name and location of an individual, | ||||||
26 | facility, or business to
which recyclable materials |
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1 | will be transported; and
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2 | (G) other information as specified on the form | ||||||
3 | provided by the Agency.
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4 | When any of the information contained or processes | ||||||
5 | described in the initial
notification form submitted to the | ||||||
6 | Agency changes, the owner and operator shall
submit an | ||||||
7 | updated form within 14 days of the change.
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8 | (c) For purposes of this Section, the term "recyclable | ||||||
9 | general
construction or demolition debris" means general | ||||||
10 | construction or demolition
debris that has been rendered | ||||||
11 | reusable and is reused or that would otherwise
be disposed of | ||||||
12 | or discarded but is collected, separated, or processed and
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13 | returned to the economic mainstream in the form of raw | ||||||
14 | materials or products.
"Recyclable general construction or | ||||||
15 | demolition debris" does not include general
construction or | ||||||
16 | demolition debris processed for use as fuel, incinerated,
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17 | burned, buried, or otherwise used as fill material. "Recyclable | ||||||
18 | general construction or demolition debris" does, however, | ||||||
19 | include wood that is salvaged from general construction or | ||||||
20 | demolition debris and that is processed for use as fuel if the | ||||||
21 | requirements for the acceptance and combustion of the wood fuel | ||||||
22 | are included in a fuel specification that is approved for the | ||||||
23 | combustor in a permit issued by the Agency and if: | ||||||
24 | (1) the processing of salvaged wood into wood fuel in | ||||||
25 | accordance with applicable permit requirements removes all | ||||||
26 | foreign materials (including, without limitation, |
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1 | electrical wiring, metal and plastic objects, brick, | ||||||
2 | stone, insulation, cardboard, and paper) and contaminated | ||||||
3 | wood (including, without limitation, preserved wood, | ||||||
4 | painted wood, laminated wood, particle board, and | ||||||
5 | chemical-stained or oil-stained wood); or | ||||||
6 | (2) the wood salvaged for processing into wood fuel in | ||||||
7 | accordance with applicable permit requirements and that | ||||||
8 | has not had all foreign materials and contaminated wood | ||||||
9 | removed is supplied only to intermediaries or end-users | ||||||
10 | that have obtained all necessary waste management and air | ||||||
11 | permits for handling and combustion of the wood fuel. | ||||||
12 | Notwithstanding any other rulemaking authority that may | ||||||
13 | exist, neither the Governor nor any agency or agency head under | ||||||
14 | the jurisdiction of the Governor has any authority to make or | ||||||
15 | promulgate rules to implement or enforce the provisions of this | ||||||
16 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
17 | Governor believes that rules are necessary to implement or | ||||||
18 | enforce the provisions of this amendatory Act of the 95th | ||||||
19 | General Assembly, the Governor may suggest rules to the General | ||||||
20 | Assembly by filing them with the Clerk of the House and the | ||||||
21 | Secretary of the Senate and by requesting that the General | ||||||
22 | Assembly authorize such rulemaking by law, enact those | ||||||
23 | suggested rules into law, or take any other appropriate action | ||||||
24 | in the General Assembly's discretion. Nothing contained in this | ||||||
25 | amendatory Act of the 95th General Assembly shall be | ||||||
26 | interpreted to grant rulemaking authority under any other |
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1 | Illinois statute where such authority is not otherwise | ||||||
2 | explicitly given. For the purposes of this subsection, "rules" | ||||||
3 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
4 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
5 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
6 | the Illinois Administrative Procedure Act to the extent that | ||||||
7 | such definitions apply to agencies or agency heads under the | ||||||
8 | jurisdiction of the Governor.
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9 | (d) For purposes of this Section, "treatment" means | ||||||
10 | processing
designed to alter the physical nature of the general | ||||||
11 | construction or
demolition debris, including but not limited to | ||||||
12 | size reduction, crushing,
grinding, or
homogenization, but | ||||||
13 | does not include processing designed to change the chemical
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14 | nature of the general construction or demolition debris.
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15 | (Source: P.A. 90-475, eff. 8-17-97.)
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16 | Section 10. The Illinois Solid Waste Management Act is | ||||||
17 | amended by changing Section 2.1 as follows:
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18 | (415 ILCS 20/2.1) (from Ch. 111 1/2, par. 7052.1)
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19 | Sec. 2.1. Definitions. When used in this Act, unless the | ||||||
20 | context
otherwise requires, the following terms have the | ||||||
21 | meanings ascribed to them
in this Section:
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22 | "Department", when a particular entity is not specified, | ||||||
23 | means (i) in
the case of a function to be performed on or after | ||||||
24 | July 1, 1995 (the effective
date of the Department of Natural |
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1 | Resources Act), the Department of Commerce
and Community | ||||||
2 | Affairs
(now Department of Commerce and Economic Opportunity), | ||||||
3 | as successor to the former Department of Energy and
Natural | ||||||
4 | Resources under the Department of Natural Resources Act; or | ||||||
5 | (ii) in
the case of a function required to be performed before | ||||||
6 | July 1, 1995, the
former Illinois Department of Energy and | ||||||
7 | Natural Resources.
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8 | "Deinked stock" means paper that has been processed to | ||||||
9 | remove inks,
clays, coatings, binders and other contaminants.
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10 | "End product" means only those items that are designed to | ||||||
11 | be used until
disposal; items designed to be used in production | ||||||
12 | of a subsequent item are
excluded.
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13 | "High grade printing and writing papers" includes offset | ||||||
14 | printing paper,
duplicator paper, writing paper (stationery), | ||||||
15 | office paper, note
pads, xerographic paper, envelopes, form | ||||||
16 | bond including computer
paper and carbonless forms, book | ||||||
17 | papers, bond papers, ledger paper, book
stock and cotton fiber | ||||||
18 | papers.
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19 | "Paper and paper products" means high grade printing and | ||||||
20 | writing
papers, tissue products, newsprint, unbleached | ||||||
21 | packaging and recycled
paperboard.
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22 | "Postconsumer material" means only those products | ||||||
23 | generated by a business
or consumer which have served their | ||||||
24 | intended end uses, and which have been
separated or diverted | ||||||
25 | from solid waste; wastes generated during production
of an end | ||||||
26 | product are excluded.
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1 | "Recovered paper material" means paper waste generated | ||||||
2 | after the completion
of the papermaking process, such as | ||||||
3 | postconsumer materials, envelope cuttings,
bindery trimmings, | ||||||
4 | printing waste, cutting and other converting waste, butt
rolls, | ||||||
5 | and mill wrappers, obsolete inventories, and rejected unused | ||||||
6 | stock.
"Recovered paper material", however, does not include | ||||||
7 | fibrous waste
generated during the manufacturing process such | ||||||
8 | as fibers recovered from
waste water or trimmings of paper | ||||||
9 | machine rolls (mill broke), or fibrous
byproducts of | ||||||
10 | harvesting, extraction or woodcutting processes, or forest
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11 | residues such as bark.
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12 | "Recycled paperboard" includes recycled paperboard | ||||||
13 | products, folding
cartons and pad backing.
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14 | "Recycling" means the process by which solid waste is | ||||||
15 | collected,
separated and processed for reuse as either a raw | ||||||
16 | material or a product
which itself is subject to recycling,
but | ||||||
17 | does not include the combustion
of waste for energy recovery or | ||||||
18 | volume reduction. "Recycling", however, does include the | ||||||
19 | combustion of wood or other biomass fuel for energy recovery if | ||||||
20 | the requirements for acceptance and combustion of the wood or | ||||||
21 | other biomass fuel are included in a fuel specification | ||||||
22 | approved for the combustor in a permit issued by the Agency and | ||||||
23 | if: | ||||||
24 | (1) the wood or other biomass is salvaged from | ||||||
25 | non-hazardous, solid waste and converted into fuel in | ||||||
26 | accordance with applicable permit requirements using a |
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1 | process that removes all foreign materials (including, | ||||||
2 | without limitation, electrical wiring, metal and plastic | ||||||
3 | objects, brick, stone, insulation, cardboard, and paper) | ||||||
4 | and contaminated wood (including, without limitation, | ||||||
5 | preserved wood, painted wood, laminated wood, particle | ||||||
6 | board, and chemical-stained or oil-stained wood); or | ||||||
7 | (2) the wood or other biomass is salvaged from | ||||||
8 | non-hazardous, solid waste and converted into fuel in | ||||||
9 | accordance with applicable permit requirements using a | ||||||
10 | process that does not remove all foreign materials and | ||||||
11 | contaminated wood and is supplied only to intermediaries or | ||||||
12 | end-users that have obtained all necessary waste | ||||||
13 | management and air permits for handling and combustion of | ||||||
14 | the wood fuel. | ||||||
15 | For purposes of this definition, "biomass" includes, but is not | ||||||
16 | limited to, wood and agricultural residues (e.g. corn stover | ||||||
17 | and wheat straw). Biomass that is used as fuel for energy | ||||||
18 | recovery excludes, without limitation, energy crops (i.e. | ||||||
19 | those produced solely or primarily for use as feedstocks in | ||||||
20 | energy generation processes), sludge (as defined in Section | ||||||
21 | 3.456 of the Environmental Protection Act), manure, and garbage | ||||||
22 | (as defined in Section 3.200 of the Environmental Protection | ||||||
23 | Act).
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24 | Notwithstanding any other rulemaking authority that may | ||||||
25 | exist, neither the Governor nor any agency or agency head under | ||||||
26 | the jurisdiction of the Governor has any authority to make or |
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1 | promulgate rules to implement or enforce the provisions of this | ||||||
2 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
3 | Governor believes that rules are necessary to implement or | ||||||
4 | enforce the provisions of this amendatory Act of the 95th | ||||||
5 | General Assembly, the Governor may suggest rules to the General | ||||||
6 | Assembly by filing them with the Clerk of the House and the | ||||||
7 | Secretary of the Senate and by requesting that the General | ||||||
8 | Assembly authorize such rulemaking by law, enact those | ||||||
9 | suggested rules into law, or take any other appropriate action | ||||||
10 | in the General Assembly's discretion. 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 subsection, "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 | "Tissue products" includes toilet tissue, paper towels, | ||||||
22 | paper napkins,
facial tissue, paper doilies, industrial | ||||||
23 | wipers, paper bags and brown papers.
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24 | "Unbleached packaging" includes corrugated and fiber | ||||||
25 | boxes.
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26 | "USEPA Guidelines for federal procurement" means all |
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1 | minimum recycled
content standards recommended by the U.S. | ||||||
2 | Environmental Protection Agency.
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3 | (Source: P.A. 94-793, eff. 5-19-06.)
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