Sen. Don Harmon

Filed: 3/25/2009

 

 


 

 


 
09600SB1607sam002 LRB096 09569 JDS 24431 a

1
AMENDMENT TO SENATE BILL 1607

2     AMENDMENT NO. ______. Amend Senate Bill 1607, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Environmental Protection Act is amended by
6 changing Sections 3.160, 21, 22.51, 31.1, and 42 and by adding
7 Sections 3.202, 3.442, 22.51a, and 22.54 as follows:
 
8     (415 ILCS 5/3.160)  (was 415 ILCS 5/3.78 and 3.78a)
9     Sec. 3.160. Construction or demolition debris.
10     (a) "General construction or demolition debris" means
11 non-hazardous, uncontaminated materials resulting from the
12 construction, remodeling, repair, and demolition of utilities,
13 structures, and roads, limited to the following: bricks,
14 concrete, and other masonry materials; soil; rock; wood,
15 including non-hazardous painted, treated, and coated wood and
16 wood products; wall coverings; plaster; drywall; plumbing

 

 

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1 fixtures; non-asbestos insulation; roofing shingles and other
2 roof coverings; reclaimed or other asphalt pavement; glass;
3 plastics that are not sealed in a manner that conceals waste;
4 electrical wiring and components containing no hazardous
5 substances; and piping or metals incidental to any of those
6 materials.
7     General construction or demolition debris does not include
8 general fill uncontaminated soil generated during
9 construction, remodeling, repair, and demolition of utilities,
10 structures, and roads provided the general fill uncontaminated
11 soil is not commingled with any general construction or
12 demolition debris or other waste.
13     To the extent allowed by federal law, uncontaminated
14 concrete with protruding rebar shall be considered clean
15 construction or demolition debris and shall not be considered
16 "waste" if it is separated or processed and returned to the
17 economic mainstream in the form of raw materials or products
18 within 4 years of its generation, if it is not speculatively
19 accumulated and, if used as a fill material, it is used in
20 accordance with item (i) in subsection (b) of this Section.
21     (b) "Clean construction or demolition debris" ("CCDD")
22 means uncontaminated broken concrete without protruding metal
23 bars, bricks, rock, stone, or reclaimed or other asphalt
24 pavement , or soil generated from construction or demolition
25 activities; provided that concrete without protruding metal
26 bars, bricks, rock, stone, or reclaimed or other asphalt

 

 

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1 pavement that is generated from the construction or demolition
2 of a road may be considered "clean construction or demolition
3 debris" if it is uncontaminated except for pavement markings
4 that conform to Illinois Department of Transportation
5 specifications.
6     CCDD also includes general fill soil generated from
7 construction or demolition activities that is mixed with broken
8 concrete without protruding metal bars, bricks, rock, stone, or
9 reclaimed asphalt pavement that is CCDD. CCDD Clean
10 construction or demolition debris does not include general fill
11 uncontaminated soil generated during construction, remodeling,
12 repair, and demolition of utilities, structures, and roads that
13 provided the uncontaminated soil is not commingled with any
14 CCDD clean construction or demolition debris or other waste.
15     To the extent allowed by federal law, CCDD clean
16 construction or demolition debris shall not be considered
17 "waste" if it is (i) used as fill material outside of a setback
18 zone if (1) the fill is placed no higher than the highest point
19 of elevation existing prior to the filling immediately adjacent
20 to the fill area, and (2) except as otherwise allowed under
21 subdivision (f)(3) of Section 22.51 of this Act it is if
22 covered by sufficient general fill uncontaminated soil to
23 support vegetation within 30 days of the completion of filling
24 or is if covered by a road or structure and, (3) if used as fill
25 material in a current or former quarry, mine, or other
26 excavation, it is used in accordance with the requirements of

 

 

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1 Sections 22.51 of this Act and rules adopted thereunder, or
2 (ii) separated or processed and returned to the economic
3 mainstream in the form of raw materials or products, if it is
4 not speculatively accumulated and, if used as a fill material,
5 it is used in accordance with item (i), or (iii) solely broken
6 concrete without protruding metal bars used for erosion
7 control, or (iv) generated from the construction or demolition
8 of a building, road, or other structure and used to construct,
9 on the site where the construction or demolition has taken
10 place, a manmade functional structure not to exceed 20 feet
11 above the highest point of elevation of the property
12 immediately adjacent to the new manmade functional structure as
13 that elevation existed prior to the creation of that new
14 structure, provided that the structure shall be covered with
15 sufficient general fill soil materials to sustain vegetation or
16 by a road or structure, and further provided that no such
17 structure shall be constructed within a home rule municipality
18 with a population over 500,000 without the consent of the
19 municipality.
20     For purposes of this subsection (b), reclaimed or other
21 asphalt pavement shall not be considered speculatively
22 accumulated if: (i) it is not commingled with any other clean
23 construction or demolition debris or any waste; (ii) it is
24 returned to the economic mainstream in the form of raw
25 materials or products within 4 years after its generation;
26 (iii) at least 25% of the total amount present at a site during

 

 

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1 a calendar year is transported off of the site during the next
2 calendar year; and (iv) if used as a fill material, it is used
3 in accordance with item (i) of the second paragraph of this
4 subsection (b).
5     (c) "Painted construction or demolition debris" means
6 broken concrete without protruding metal bars, bricks, rock,
7 stone, or reclaimed or other asphalt pavement generated from
8 construction or demolition activities that contains paint but
9 is otherwise uncontaminated. However, concrete without
10 protruding metal bars, bricks, rock, stone, or reclaimed or
11 other asphalt pavement that is generated from the construction
12 or demolition of a road may be considered "clean construction
13 or demolition debris" instead of "painted construction or
14 demolition debris" if it is uncontaminated except for pavement
15 markings that conform to Illinois Department of Transportation
16 specifications.
17 (Source: P.A. 94-272, eff. 7-19-05; 95-121, eff. 8-13-07.)
 
18     (415 ILCS 5/3.202 new)
19     Sec. 3.202. General Fill Soil. For purposes of Sections
20 3.160, 21, 22.51, and 22.51a of this Act, "General Fill Soil"
21 means soil generated from construction or demolition
22 activities that (i) does not exceed the most stringent Tier 1
23 exposure route values adopted by the Board pursuant to Title
24 XVII of this Act, as amended, (ii) based upon past and current
25 land uses and reasonable inquiry, is not known or suspected to

 

 

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1 contain a regulated substance or pesticide for which a Tier 1
2 exposure route value has not been determined, and (iii) does
3 not contain waste. For purposes of this definition, the most
4 stringent Tier 1 exposure route values adopted by the Board
5 pursuant to Title XVII of this Act shall be determined as
6 follows:
7         (a) Except as otherwise provided in subsections (b)
8     through (d) of this Section, the most stringent Tier 1
9     exposure route values are the lowest of the following
10     values for each chemical listed in 35 Ill. Adm. Code 742,
11     Appendix B, as amended:
12             (1) The Ingestion Exposure Route-Specific Value
13         for Soils listed in Table A of 35 Ill. Adm. Code 742,
14         Appendix B;
15             (2) The Outdoor Inhalation Exposure Route-Specific
16         Value for Soils listed in Table A of 35 Ill. Adm. Code
17         742, Appendix B;
18             (3) The Class I Soil Component of the Groundwater
19         Ingestion Exposure Route Value listed in Table A of 35
20         Ill. Adm. Code 742, Appendix B;
21             (4) The Construction Worker Ingestion Exposure
22         Route-Specific Value for Soils listed in Table B of 35
23         Ill. Adm. Code 742, Appendix B;
24             (5) The Construction Worker Inhalation Exposure
25         Route-Specific Value for Soils listed in Table B of 35
26         Ill. Adm. Code 742, Appendix B; and

 

 

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1             (6) Indoor inhalation exposure route values as may
2         be established by the Board.
3         Location and other designations, such as residential
4     and industrial/commercial designations, shall be ignored
5     when comparing the values identified in this subsection
6     (a). The lowest values shall be used regardless of
7     designation.
8         (b) For inorganic chemicals, either the leachable
9     value or the totals value set forth below can be used as
10     the most stringent Tier 1 exposure route value.
11             (1) The leachable value for each inorganic
12         chemical is the Class I Soil Component of the
13         Groundwater Ingestion Exposure Route Value listed in
14         Table A of 35 Ill. Adm. Code 742, Appendix B, as
15         amended.
16             (2) The totals value for each inorganic chemical is
17         the lowest of the following values, as amended:
18                 (A) The Ingestion Exposure Route-Specific
19             Value for Soils listed in Table A of 35 Ill. Adm.
20             Code 742, Appendix B;
21                 (B) The Outdoor Inhalation Exposure
22             Route-Specific Value for Soils listed in Table A of
23             35 Ill. Adm. Code 742, Appendix B;
24                 (C) The Construction Worker Ingestion Exposure
25             Route-Specific Value for Soils listed in Table B of
26             35 Ill. Adm. Code 742, Appendix B;

 

 

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1                 (D) The Construction Worker Inhalation
2             Exposure Route-Specific Value for Soils listed in
3             Table B of 35 Ill. Adm. Code 742, Appendix B;
4                 (E) The Class I pH Specific Soil Remediation
5             Objective listed in the column labeled "pH of 6.25
6             to 6.64" in Table C of 35 Ill. Adm. Code 742,
7             Appendix B; and
8                 (F) Indoor inhalation exposure route values as
9             may be established by the Board.
10             Location and other designations, such as
11         residential or industrial/commercial designations,
12         shall be ignored when comparing the values identified
13         in this subdivision (b)(2) of this Section. The lowest
14         values shall be used for all soil regardless of
15         designation.
16         (c) If a chemical's most stringent Tier 1 exposure
17     route value determined under subsections (a) and (b) of
18     this Section is less than the chemical's acceptable
19     detection limit (ADL) listed in 35 Ill. Adm. Code 742,
20     Appendix B, as amended, then the ADL shall serve as the
21     most stringent Tier 1 exposure route value.
22         (d) The following applies for soil used as fill
23     material or cover material in Chicago, a Metropolitan Area,
24     or a Non-Metropolitan Area as defined in Table H of 35 Ill.
25     Adm. Code 742, Appendix A:
26             (1) If a chemical's most stringent Tier 1 exposure

 

 

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1         route value determined under subsections (a) through
2         (c) of this Section is less than the chemical's lowest
3         background concentration listed in Table H of 35 Ill.
4         Adm. Code 742, Appendix A, as amended, then the
5         chemical's lowest background concentration listed in
6         Table H shall serve as the most stringent Tier 1
7         exposure route value.
8             (2) For purposes of this subsection (d), the lowest
9         background concentration listed in Table H shall be
10         used, regardless of whether it is the background
11         concentration listed for Chicago, a Metropolitan Area,
12         or a Non-Metropolitan Area.
13     The most stringent Tier 1 exposure route values shall be
14 determined solely from the values listed in 35 Ill. Adm. Code
15 742, Appendix A and Appendix B as provided above. Except as
16 provided in subsection (d) of this Section, background
17 concentrations cannot be used. Other provisions of the Board's
18 rules, such as those pertaining to the use of engineered
19 barriers or institutional controls, cannot be used to exclude
20 or otherwise alter exposure routes or exposure route values for
21 purposes of determining the most stringent Tier 1 exposure
22 route.
23     The Agency shall maintain on its website a list of the most
24 stringent Tier 1 exposure route values adopted by the Board
25 pursuant to Title XVII of this Act, as amended.
26     To the extent allowed by federal law, general fill soil is

 

 

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1 not a waste.
 
2     (415 ILCS 5/3.442 new)
3     Sec. 3.442. Restricted Fill Soil. For purposes of Section
4 22.51 of this Act, "restricted fill soil" means soil generated
5 from construction or demolition activities that (i) does not
6 exceed the Class I Soil Component of the Groundwater Ingestion
7 Exposure Route Values listed in Table A of 35 Ill. Adm. Code
8 742, Appendix B, as amended, (ii) based upon past and current
9 land uses and reasonable inquiry, is not known or suspected to
10 contain a regulated substance or pesticide that does not have a
11 Class I Soil Component of the Groundwater Ingestion Exposure
12 Route Value listed in Table A of 35 Ill. Adm. Code 742,
13 Appendix B, as amended, and (iii) does not contain waste.
14 General fill soil that is mixed with restricted fill soil shall
15 be considered restricted fill soil.
 
16     (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)
17     Sec. 21. Prohibited acts. No person shall:
18     (a) Cause or allow the open dumping of any waste.
19     (b) Abandon, dump, or deposit any waste upon the public
20 highways or other public property, except in a sanitary
21 landfill approved by the Agency pursuant to regulations adopted
22 by the Board.
23     (c) Abandon any vehicle in violation of the "Abandoned
24 Vehicles Amendment to the Illinois Vehicle Code", as enacted by

 

 

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1 the 76th General Assembly.
2     (d) Conduct any waste-storage, waste-treatment, or
3 waste-disposal operation:
4         (1) without a permit granted by the Agency or in
5     violation of any conditions imposed by such permit,
6     including periodic reports and full access to adequate
7     records and the inspection of facilities, as may be
8     necessary to assure compliance with this Act and with
9     regulations and standards adopted thereunder; provided,
10     however, that, except for municipal solid waste landfill
11     units that receive waste on or after October 9, 1993, no
12     permit shall be required for (i) any person conducting a
13     waste-storage, waste-treatment, or waste-disposal
14     operation for wastes generated by such person's own
15     activities which are stored, treated, or disposed within
16     the site where such wastes are generated, or (ii) a
17     facility located in a county with a population over 700,000
18     as of January 1, 2000, operated and located in accordance
19     with Section 22.38 of this Act, and used exclusively for
20     the transfer, storage, or treatment of general
21     construction or demolition debris;
22         (2) in violation of any regulations or standards
23     adopted by the Board under this Act; or
24         (3) which receives waste after August 31, 1988, does
25     not have a permit issued by the Agency, and is (i) a
26     landfill used exclusively for the disposal of waste

 

 

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1     generated at the site, (ii) a surface impoundment receiving
2     special waste not listed in an NPDES permit, (iii) a waste
3     pile in which the total volume of waste is greater than 100
4     cubic yards or the waste is stored for over one year, or
5     (iv) a land treatment facility receiving special waste
6     generated at the site; without giving notice of the
7     operation to the Agency by January 1, 1989, or 30 days
8     after the date on which the operation commences, whichever
9     is later, and every 3 years thereafter. The form for such
10     notification shall be specified by the Agency, and shall be
11     limited to information regarding: the name and address of
12     the location of the operation; the type of operation; the
13     types and amounts of waste stored, treated or disposed of
14     on an annual basis; the remaining capacity of the
15     operation; and the remaining expected life of the
16     operation.
17     Item (3) of this subsection (d) shall not apply to any
18 person engaged in agricultural activity who is disposing of a
19 substance that constitutes solid waste, if the substance was
20 acquired for use by that person on his own property, and the
21 substance is disposed of on his own property in accordance with
22 regulations or standards adopted by the Board.
23     This subsection (d) shall not apply to hazardous waste.
24     (e) Dispose, treat, store or abandon any waste, or
25 transport any waste into this State for disposal, treatment,
26 storage or abandonment, except at a site or facility which

 

 

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1 meets the requirements of this Act and of regulations and
2 standards thereunder.
3     (f) Conduct any hazardous waste-storage, hazardous
4 waste-treatment or hazardous waste-disposal operation:
5         (1) without a RCRA permit for the site issued by the
6     Agency under subsection (d) of Section 39 of this Act, or
7     in violation of any condition imposed by such permit,
8     including periodic reports and full access to adequate
9     records and the inspection of facilities, as may be
10     necessary to assure compliance with this Act and with
11     regulations and standards adopted thereunder; or
12         (2) in violation of any regulations or standards
13     adopted by the Board under this Act; or
14         (3) in violation of any RCRA permit filing requirement
15     established under standards adopted by the Board under this
16     Act; or
17         (4) in violation of any order adopted by the Board
18     under this Act.
19     Notwithstanding the above, no RCRA permit shall be required
20 under this subsection or subsection (d) of Section 39 of this
21 Act for any person engaged in agricultural activity who is
22 disposing of a substance which has been identified as a
23 hazardous waste, and which has been designated by Board
24 regulations as being subject to this exception, if the
25 substance was acquired for use by that person on his own
26 property and the substance is disposed of on his own property

 

 

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1 in accordance with regulations or standards adopted by the
2 Board.
3     (g) Conduct any hazardous waste-transportation operation:
4         (1) without registering with and obtaining a permit
5     from the Agency in accordance with the Uniform Program
6     implemented under subsection (l-5) of Section 22.2; or
7         (2) in violation of any regulations or standards
8     adopted by the Board under this Act.
9     (h) Conduct any hazardous waste-recycling or hazardous
10 waste-reclamation or hazardous waste-reuse operation in
11 violation of any regulations, standards or permit requirements
12 adopted by the Board under this Act.
13     (i) Conduct any process or engage in any act which produces
14 hazardous waste in violation of any regulations or standards
15 adopted by the Board under subsections (a) and (c) of Section
16 22.4 of this Act.
17     (j) Conduct any special waste transportation operation in
18 violation of any regulations, standards or permit requirements
19 adopted by the Board under this Act. However, sludge from a
20 water or sewage treatment plant owned and operated by a unit of
21 local government which (1) is subject to a sludge management
22 plan approved by the Agency or a permit granted by the Agency,
23 and (2) has been tested and determined not to be a hazardous
24 waste as required by applicable State and federal laws and
25 regulations, may be transported in this State without a special
26 waste hauling permit, and the preparation and carrying of a

 

 

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1 manifest shall not be required for such sludge under the rules
2 of the Pollution Control Board. The unit of local government
3 which operates the treatment plant producing such sludge shall
4 file a semiannual report with the Agency identifying the volume
5 of such sludge transported during the reporting period, the
6 hauler of the sludge, and the disposal sites to which it was
7 transported. This subsection (j) shall not apply to hazardous
8 waste.
9     (k) Fail or refuse to pay any fee imposed under this Act.
10     (l) Locate a hazardous waste disposal site above an active
11 or inactive shaft or tunneled mine or within 2 miles of an
12 active fault in the earth's crust. In counties of population
13 less than 225,000 no hazardous waste disposal site shall be
14 located (1) within 1 1/2 miles of the corporate limits as
15 defined on June 30, 1978, of any municipality without the
16 approval of the governing body of the municipality in an
17 official action; or (2) within 1000 feet of an existing private
18 well or the existing source of a public water supply measured
19 from the boundary of the actual active permitted site and
20 excluding existing private wells on the property of the permit
21 applicant. The provisions of this subsection do not apply to
22 publicly-owned sewage works or the disposal or utilization of
23 sludge from publicly-owned sewage works.
24     (m) Transfer interest in any land which has been used as a
25 hazardous waste disposal site without written notification to
26 the Agency of the transfer and to the transferee of the

 

 

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1 conditions imposed by the Agency upon its use under subsection
2 (g) of Section 39.
3     (n) Use any land which has been used as a hazardous waste
4 disposal site except in compliance with conditions imposed by
5 the Agency under subsection (g) of Section 39.
6     (o) Conduct a sanitary landfill operation which is required
7 to have a permit under subsection (d) of this Section, in a
8 manner which results in any of the following conditions:
9         (1) refuse in standing or flowing waters;
10         (2) leachate flows entering waters of the State;
11         (3) leachate flows exiting the landfill confines (as
12     determined by the boundaries established for the landfill
13     by a permit issued by the Agency);
14         (4) open burning of refuse in violation of Section 9 of
15     this Act;
16         (5) uncovered refuse remaining from any previous
17     operating day or at the conclusion of any operating day,
18     unless authorized by permit;
19         (6) failure to provide final cover within time limits
20     established by Board regulations;
21         (7) acceptance of wastes without necessary permits;
22         (8) scavenging as defined by Board regulations;
23         (9) deposition of refuse in any unpermitted portion of
24     the landfill;
25         (10) acceptance of a special waste without a required
26     manifest;

 

 

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1         (11) failure to submit reports required by permits or
2     Board regulations;
3         (12) failure to collect and contain litter from the
4     site by the end of each operating day;
5         (13) failure to submit any cost estimate for the site
6     or any performance bond or other security for the site as
7     required by this Act or Board rules.
8     The prohibitions specified in this subsection (o) shall be
9 enforceable by the Agency either by administrative citation
10 under Section 31.1 of this Act or as otherwise provided by this
11 Act. The specific prohibitions in this subsection do not limit
12 the power of the Board to establish regulations or standards
13 applicable to sanitary landfills.
14     (p) In violation of subdivision (a) of this Section, cause
15 or allow the open dumping of any waste in a manner which
16 results in any of the following occurrences at the dump site:
17         (1) litter;
18         (2) scavenging;
19         (3) open burning;
20         (4) deposition of waste in standing or flowing waters;
21         (5) proliferation of disease vectors;
22         (6) standing or flowing liquid discharge from the dump
23     site;
24         (7) deposition of:
25             (i) general construction or demolition debris as
26         defined in Section 3.160(a) of this Act; or

 

 

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1             (ii) clean construction or demolition debris as
2         defined in Section 3.160(b) of this Act.
3     The prohibitions specified in this subsection (p) shall be
4 enforceable by the Agency either by administrative citation
5 under Section 31.1 of this Act or as otherwise provided by this
6 Act. The specific prohibitions in this subsection do not limit
7 the power of the Board to establish regulations or standards
8 applicable to open dumping.
9     (q) Conduct a landscape waste composting operation without
10 an Agency permit, provided, however, that no permit shall be
11 required for any person:
12         (1) conducting a landscape waste composting operation
13     for landscape wastes generated by such person's own
14     activities which are stored, treated or disposed of within
15     the site where such wastes are generated; or
16         (2) applying landscape waste or composted landscape
17     waste at agronomic rates; or
18         (3) operating a landscape waste composting facility on
19     a farm, if the facility meets all of the following
20     criteria:
21             (A) the composting facility is operated by the
22         farmer on property on which the composting material is
23         utilized, and the composting facility constitutes no
24         more than 2% of the property's total acreage, except
25         that the Agency may allow a higher percentage for
26         individual sites where the owner or operator has

 

 

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1         demonstrated to the Agency that the site's soil
2         characteristics or crop needs require a higher rate;
3             (B) the property on which the composting facility
4         is located, and any associated property on which the
5         compost is used, is principally and diligently devoted
6         to the production of agricultural crops and is not
7         owned, leased or otherwise controlled by any waste
8         hauler or generator of nonagricultural compost
9         materials, and the operator of the composting facility
10         is not an employee, partner, shareholder, or in any way
11         connected with or controlled by any such waste hauler
12         or generator;
13             (C) all compost generated by the composting
14         facility is applied at agronomic rates and used as
15         mulch, fertilizer or soil conditioner on land actually
16         farmed by the person operating the composting
17         facility, and the finished compost is not stored at the
18         composting site for a period longer than 18 months
19         prior to its application as mulch, fertilizer, or soil
20         conditioner;
21             (D) the owner or operator, by January 1, 1990 (or
22         the January 1 following commencement of operation,
23         whichever is later) and January 1 of each year
24         thereafter, (i) registers the site with the Agency,
25         (ii) reports to the Agency on the volume of composting
26         material received and used at the site, (iii) certifies

 

 

09600SB1607sam002 - 20 - LRB096 09569 JDS 24431 a

1         to the Agency that the site complies with the
2         requirements set forth in subparagraphs (A), (B) and
3         (C) of this paragraph (q)(3), and (iv) certifies to the
4         Agency that all composting material was placed more
5         than 200 feet from the nearest potable water supply
6         well, was placed outside the boundary of the 10-year
7         floodplain or on a part of the site that is
8         floodproofed, was placed at least 1/4 mile from the
9         nearest residence (other than a residence located on
10         the same property as the facility) and there are not
11         more than 10 occupied non-farm residences within 1/2
12         mile of the boundaries of the site on the date of
13         application, and was placed more than 5 feet above the
14         water table.
15     For the purposes of this subsection (q), "agronomic rates"
16 means the application of not more than 20 tons per acre per
17 year, except that the Agency may allow a higher rate for
18 individual sites where the owner or operator has demonstrated
19 to the Agency that the site's soil characteristics or crop
20 needs require a higher rate.
21     (r) Cause or allow the storage or disposal of coal
22 combustion waste unless:
23         (1) such waste is stored or disposed of at a site or
24     facility for which a permit has been obtained or is not
25     otherwise required under subsection (d) of this Section; or
26         (2) such waste is stored or disposed of as a part of

 

 

09600SB1607sam002 - 21 - LRB096 09569 JDS 24431 a

1     the design and reclamation of a site or facility which is
2     an abandoned mine site in accordance with the Abandoned
3     Mined Lands and Water Reclamation Act; or
4         (3) such waste is stored or disposed of at a site or
5     facility which is operating under NPDES and Subtitle D
6     permits issued by the Agency pursuant to regulations
7     adopted by the Board for mine-related water pollution and
8     permits issued pursuant to the Federal Surface Mining
9     Control and Reclamation Act of 1977 (P.L. 95-87) or the
10     rules and regulations thereunder or any law or rule or
11     regulation adopted by the State of Illinois pursuant
12     thereto, and the owner or operator of the facility agrees
13     to accept the waste; and either
14             (i) such waste is stored or disposed of in
15         accordance with requirements applicable to refuse
16         disposal under regulations adopted by the Board for
17         mine-related water pollution and pursuant to NPDES and
18         Subtitle D permits issued by the Agency under such
19         regulations; or
20             (ii) the owner or operator of the facility
21         demonstrates all of the following to the Agency, and
22         the facility is operated in accordance with the
23         demonstration as approved by the Agency: (1) the
24         disposal area will be covered in a manner that will
25         support continuous vegetation, (2) the facility will
26         be adequately protected from wind and water erosion,

 

 

09600SB1607sam002 - 22 - LRB096 09569 JDS 24431 a

1         (3) the pH will be maintained so as to prevent
2         excessive leaching of metal ions, and (4) adequate
3         containment or other measures will be provided to
4         protect surface water and groundwater from
5         contamination at levels prohibited by this Act, the
6         Illinois Groundwater Protection Act, or regulations
7         adopted pursuant thereto.
8     Notwithstanding any other provision of this Title, the
9 disposal of coal combustion waste pursuant to item (2) or (3)
10 of this subdivision (r) shall be exempt from the other
11 provisions of this Title V, and notwithstanding the provisions
12 of Title X of this Act, the Agency is authorized to grant
13 experimental permits which include provision for the disposal
14 of wastes from the combustion of coal and other materials
15 pursuant to items (2) and (3) of this subdivision (r).
16     (s) After April 1, 1989, offer for transportation,
17 transport, deliver, receive or accept special waste for which a
18 manifest is required, unless the manifest indicates that the
19 fee required under Section 22.8 of this Act has been paid.
20     (t) Cause or allow a lateral expansion of a municipal solid
21 waste landfill unit on or after October 9, 1993, without a
22 permit modification, granted by the Agency, that authorizes the
23 lateral expansion.
24     (u) Conduct any vegetable by-product treatment, storage,
25 disposal or transportation operation in violation of any
26 regulation, standards or permit requirements adopted by the

 

 

09600SB1607sam002 - 23 - LRB096 09569 JDS 24431 a

1 Board under this Act. However, no permit shall be required
2 under this Title V for the land application of vegetable
3 by-products conducted pursuant to Agency permit issued under
4 Title III of this Act to the generator of the vegetable
5 by-products. In addition, vegetable by-products may be
6 transported in this State without a special waste hauling
7 permit, and without the preparation and carrying of a manifest.
8     (v) (Blank).
9     (w) Conduct any generation, transportation, or recycling
10 of construction or demolition debris, clean or general, or
11 painted construction or demolition debris or general fill
12 uncontaminated soil or restricted fill soil that is generated
13 during construction, remodeling, repair, and demolition of
14 utilities, structures, and roads that is not commingled with
15 any waste, without the maintenance of documentation
16 identifying the hauler, generator, place of origin of the
17 debris or soil, the weight or volume of the debris or soil, and
18 the location, owner, and operator of the facility where the
19 debris or soil was transferred, disposed, recycled, or treated.
20 This documentation must be maintained by the generator,
21 transporter, or recycler for 3 years. This subsection (w) shall
22 not apply to (1) a permitted pollution control facility that
23 transfers or accepts construction or demolition debris, clean
24 or general, or painted construction or demolition debris or
25 general fill soil or restricted fill uncontaminated soil for
26 final disposal, recycling, or treatment, (2) a public utility

 

 

09600SB1607sam002 - 24 - LRB096 09569 JDS 24431 a

1 (as that term is defined in the Public Utilities Act) or a
2 municipal utility, (3) the Illinois Department of
3 Transportation, or (4) a municipality or a county highway
4 department, with the exception of any municipality or county
5 highway department located within a county having a population
6 of over 3,000,000 inhabitants or located in a county that is
7 contiguous to a county having a population of over 3,000,000
8 inhabitants, or (5) the Illinois State Toll Highway Authority;
9 but it shall apply to an entity that contracts with a public
10 utility, a municipal utility, the Illinois Department of
11 Transportation, the Illinois State Toll Highway Authority or a
12 municipality or a county highway department. The terms
13 "generation" and "recycling" as used in this subsection do not
14 apply to clean construction or demolition debris when (i) used
15 as fill material below grade outside of a setback zone if
16 covered by sufficient general fill uncontaminated soil to
17 support vegetation within 30 days of the completion of filling
18 or if covered by a road or structure, (ii) solely broken
19 concrete without protruding metal bars is used for erosion
20 control, or (iii) milled asphalt or crushed concrete is used as
21 aggregate in construction of the shoulder of a roadway. The
22 terms "generation" and "recycling", as used in this subsection,
23 do not apply to general fill uncontaminated soil that is not
24 commingled with any waste when (i) used as fill material below
25 grade or contoured to grade, or (ii) used at the site of
26 generation.

 

 

09600SB1607sam002 - 25 - LRB096 09569 JDS 24431 a

1 (Source: P.A. 93-179, eff. 7-11-03; 94-94, eff. 7-1-05.)
 
2     (415 ILCS 5/22.51)
3     Sec. 22.51. Clean Construction or Demolition Debris Fill
4 Operations.
5     (a) No person shall conduct any CCDD clean construction or
6 demolition debris fill operation in violation of this Act or
7 any regulations or standards adopted by the Board.
8     (b)(1)(A) Beginning July 19, 2005 30 days after the
9 effective date of this amendatory Act of the 94th General
10 Assembly but prior to July 1, 2008, no person shall use CCDD
11 clean construction or demolition debris as fill material in a
12 current or former quarry, mine, or other excavation, unless
13 they have applied for an interim authorization from the Agency
14 for the CCDD clean construction or demolition debris fill
15 operation.
16     (B) The Agency shall approve an interim authorization upon
17 its receipt of a written application for the interim
18 authorization that is signed by the site owner and the site
19 operator, or their duly authorized agent, and that contains the
20 following information: (i) the location of the site where the
21 CCDD clean construction or demolition debris fill operation is
22 taking place, (ii) the name and address of the site owner,
23 (iii) the name and address of the site operator, and (iv) the
24 types and amounts of CCDD clean construction or demolition
25 debris being used as fill material at the site.

 

 

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1     (C) The Agency may deny an interim authorization if the
2 site owner or the site operator, or their duly authorized
3 agent, fails to provide to the Agency the information listed in
4 subsection (b)(1)(B) of this Section. Any denial of an interim
5 authorization shall be subject to appeal to the Board in
6 accordance with the procedures of Section 40 of this Act.
7     (D) No person shall use CCDD clean construction or
8 demolition debris as fill material in a current or former
9 quarry, mine, or other excavation for which the Agency has
10 denied interim authorization under subsection (b)(1)(C) of
11 this Section. The Board may stay the prohibition of this
12 subsection (D) during the pendency of an appeal of the Agency's
13 denial of the interim authorization brought under subsection
14 (b)(1)(C) of this Section.
15     (2) Beginning September 1, 2006, owners and operators of
16 CCDD clean construction or demolition debris fill operations
17 shall, in accordance with a schedule prescribed by the Agency,
18 submit to the Agency applications for the permits required
19 under this Section. The Agency shall notify owners and
20 operators in writing of the due date for their permit
21 application. The due date shall be no less than 90 days after
22 the date of the Agency's written notification. Owners and
23 operators who do not receive a written notification from the
24 Agency by October 1, 2007, shall submit a permit application to
25 the Agency by January 1, 2008. The interim authorization of
26 owners and operators who fail to submit a permit application to

 

 

09600SB1607sam002 - 27 - LRB096 09569 JDS 24431 a

1 the Agency by the permit application's due date shall terminate
2 on (i) the due date established by the Agency if the owner or
3 operator received a written notification from the Agency prior
4 to October 1, 2007, or (ii) or January 1, 2008, if the owner or
5 operator did not receive a written notification from the Agency
6 by October 1, 2007.
7     (3) On and after July 1, 2008, no person shall use CCDD
8 clean construction or demolition debris as fill material in a
9 current or former quarry, mine, or other excavation (i) without
10 a permit granted by the Agency for the clean construction or
11 demolition debris fill operation or in violation of any
12 conditions imposed by such permit, including periodic reports
13 and full access to adequate records and the inspection of
14 facilities, as may be necessary to assure compliance with this
15 Act and with Board regulations and standards adopted under this
16 Act; or (ii) in violation of any regulations or standards
17 adopted by the Board under this Act.
18     No person shall use restricted fill soil or painted
19 construction or demolition debris as fill material in a current
20 or former quarry, mine, or other excavation (i) without a
21 permit granted by the Agency or in violation of any conditions
22 imposed by such permit, including periodic reports and full
23 access to adequate records and the inspection of facilities, as
24 may be necessary to assure compliance with this Act and with
25 Board regulations and standards adopted under this Act; or (ii)
26 in violation of any rules or standards adopted by the Board

 

 

09600SB1607sam002 - 28 - LRB096 09569 JDS 24431 a

1 under this Act.
2     (A) Owners and operators of clean construction or
3 demolition debris fill operations with a permit issued prior to
4 the effective date of this amendatory Act of the 96th General
5 Assembly must, in accordance with a schedule prescribed by the
6 Agency, submit an application for a permit modification to make
7 the permit consistent with the requirements of this Section.
8 The Agency shall notify owners and operators in writing of the
9 due date for the application. The due date shall be no less
10 than 90 days after the date of the Agency's written
11 notification. Owners and operators who do not receive a written
12 notification from the Agency by April 1, 2010, shall submit
13 their application for permit modification by July 1, 2010.
14 Owners and operators seeking a modification that includes the
15 use of restricted fill soil or painted construction or
16 demolition debris as fill material may submit their application
17 for modification prior to the dates set forth in this paragraph
18 or the schedule prescribed by the Agency. Until a permit
19 modification is issued, persons required to submit an
20 application for a permit modification must operate their clean
21 construction or demolition debris fill operation in accordance
22 with the requirements of their permit as modified by the
23 requirements of this Act and Board rules adopted hereunder;
24 provided that until a permit modification is issued no person
25 shall use restricted fill soil or painted construction or
26 demolition debris as fill material without interim

 

 

09600SB1607sam002 - 29 - LRB096 09569 JDS 24431 a

1 authorization under subdivision (b)(3)(B) of this Section.
2     (B) Prior to January 1, 2011, owners and operators of clean
3 construction or demolition debris fill operations that are
4 required under subdivision (b)(3)(A) of this Section to submit
5 an application for a permit modification may use restricted
6 fill soil or painted construction or demolition debris as fill
7 material at the clean construction or demolition debris fill
8 operation if they obtain interim authorization under this
9 subdivision (b)(3)(B). Within 30 days after receipt of a
10 complete application for interim authorization that includes
11 the following information, the Agency shall approve interim
12 authorization: (i) the owner and the operator of the clean
13 construction or demolition debris fill operation, (ii) the name
14 of the clean construction or demolition debris fill operation
15 and its location, (iii) a copy of the recorded land use
16 restriction required under subdivision (d)(1) of this Section
17 and proof of its recording, and (iv) the signatures of the
18 owner and the operator or their duly authorized agents. The
19 application for interim authorization must be submitted on a
20 form and in a format prescribed by the Agency. Persons using
21 restricted fill soil or painted construction or demolition
22 debris as fill material under an interim authorization must
23 comply with the requirements of subdivisions (d)(1) through
24 (d)(5) of this Section. The interim authorization shall expire
25 60 days after the date the Agency approves the application for
26 interim authorization unless, within those 60 days, the owner

 

 

09600SB1607sam002 - 30 - LRB096 09569 JDS 24431 a

1 or operator submits an application for a permit modification
2 that includes the use of restricted fill soil or painted
3 construction or demolition debris as fill material. If the
4 application for permit modification is submitted within those
5 60 days, the interim authorization shall expire on the date the
6 Agency issues its final decision on the application for a
7 permit modification or, if the Agency's decision is appealed,
8 the date of final disposition of the appeal.
9     (C) Beginning January 1, 2011, no person required under
10 subdivision (b)(3)(A) of this Section to submit an application
11 for a permit modification shall operate a clean construction or
12 demolition debris fill operation without a permit modification
13 granted by the Agency that is consistent with the requirements
14 of this Section.
15     (4) This subsection (b) does not apply to:
16         (A) the use of CCDD, restricted fill soil, or painted
17     construction or demolition debris clean construction or
18     demolition debris as fill material in a current or former
19     quarry, mine, or other excavation located on the site where
20     the clean construction or demolition debris was generated;
21         (B) the use of CCDD clean construction or demolition
22     debris as fill material in an excavation other than a
23     current or former quarry or mine if this use complies with
24     Illinois Department of Transportation specifications; or
25         (C) current or former quarries, mines, and other
26     excavations that do not use CCDD, restricted fill soil, or

 

 

09600SB1607sam002 - 31 - LRB096 09569 JDS 24431 a

1     painted construction or demolition debris clean
2     construction or demolition debris as fill material.
3     (c) In accordance with Title VII of this Act, the Board may
4 adopt regulations to promote the purposes of this Section. The
5 Agency shall consult with the mining and construction
6 industries during the development of any regulations to promote
7 the purposes of this Section.
8         (1) No later than December 15, 2005, the Agency shall
9     propose to the Board, and no later than September 1, 2006,
10     the Board shall adopt, regulations for the use of CCDD
11     clean construction or demolition debris as fill material in
12     current and former quarries, mines, and other excavations.
13     Such regulations shall include, but shall not be limited
14     to, standards for CCDD clean construction or demolition
15     debris fill operations and the submission and review of
16     permits required under this Section.
17         (2) Until the Board adopts rules under subsection
18     (c)(1) of this Section, all persons using clean
19     construction or demolition debris as fill material in a
20     current or former quarry, mine, or other excavation shall:
21             (A) Assure that only CCDD clean construction or
22         demolition debris is being used as fill material by
23         screening each truckload of material received using a
24         device approved by the Agency that detects volatile
25         organic compounds. Such devices may include, but are
26         not limited to, photo ionization detectors. All

 

 

09600SB1607sam002 - 32 - LRB096 09569 JDS 24431 a

1         screening devices shall be operated and maintained in
2         accordance with manufacturer's specifications.
3         Unacceptable fill material shall be rejected from the
4         site; and
5             (B) Retain for a minimum of 3 years the following
6         information:
7                 (i) The name of the hauler, the name of the
8             generator, and place of origin of the debris or
9             soil;
10                 (ii) The approximate weight or volume of the
11             debris or soil; and
12                 (iii) The date the debris or soil was received.
13     (d) To the extent allowed by federal law, the Agency shall,
14 in a permit or a permit modification granted under this
15 Section, and in accordance with Sections 39 and 40 of this Act,
16 authorize the use of restricted fill soil and painted
17 construction or demolition debris as fill material at a clean
18 construction or demolition debris fill operation if the
19 requirements of this subsection (d) are met. To the extent
20 allowed by federal law, restricted fill soil and painted
21 construction or demolition debris used as fill material in
22 accordance with the permit and this Section are not waste.
23         (1) Before restricted fill soil is used as fill
24     material at the clean construction or demolition debris
25     fill operation: (i) a land use restriction that restricts
26     property use to industrial or commercial uses must be

 

 

09600SB1607sam002 - 33 - LRB096 09569 JDS 24431 a

1     recorded in the chain of title for the property on which
2     the clean construction or demolition debris fill operation
3     is located and (ii) proof of the recording must be
4     submitted to the Agency. Upon closure of the clean
5     construction or demolition debris fill operation, the land
6     use restriction may be removed if the site is entered into
7     the Agency's Site Remediation Program and, pursuant to
8     procedures adopted by the Board, the site is demonstrated
9     to meet the Tier 1 residential remediation objectives
10     adopted by the Board pursuant to Title XVII of this Act.
11         (2) The owner or operator of the clean construction or
12     demolition debris fill operation must develop and
13     implement a closure and post-closure care plan that
14     includes, but is not limited to, the following:
15             (i) covering all restricted fill soil and painted
16         construction or demolition debris with a minimum of 10
17         feet of general fill soil, or an engineered barrier
18         approved by the Agency in a permit granted under this
19         Section, within 180 days after completion of filling or
20         as approved by the Agency;
21             (ii) for all buildings at the site on or after
22         completion of filling, the installation and
23         maintenance of building control technologies as
24         approved by the Agency in accordance with Title XVII of
25         this Act and rules adopted thereunder to prevent indoor
26         inhalation exposures.

 

 

09600SB1607sam002 - 34 - LRB096 09569 JDS 24431 a

1         (3) Painted construction or demolition debris shall
2     not be used as fill material unless chemical analysis
3     demonstrates that the paint does not exceed the Class I
4     Soil Component of the Groundwater Ingestion Exposure Route
5     Values listed in Table A of 35 Ill. Adm. Code 742, Appendix
6     B, as amended. Chemical analysis is not required for
7     pavement markings that conform to Illinois Department of
8     Transportation specifications.
9         (4) The owner or operator of the CCDD fill operation
10     must develop and implement a Receipt Control and Screening
11     Plan that includes, but is not limited to, the following:
12                 (A) Documentation from the owner or operator
13             of the site where the restricted fill soil, general
14             fill soil, painted construction or demolition
15             debris, or clean construction or demolition debris
16             was removed that contains the following
17             information for each load received: (i) location
18             of the removal site, (ii) the owner of the removal
19             site, (iii) the site operator or general
20             contractor responsible for removal, and (iv) the
21             hauler of the load.
22                 (B) For all soil, either (i) a certification
23             from the owner or operator of the site from which
24             the soil was removed that the site has never been
25             used for commercial or industrial purposes or (ii)
26             a certification from a Licensed Professional

 

 

09600SB1607sam002 - 35 - LRB096 09569 JDS 24431 a

1             Engineer that the soil is restricted fill soil or
2             general fill soil. Certifications required under
3             subdivision (d)(4)(B) of this Section must be on
4             forms and in a format prescribed by the Agency.
5                 (C) Chemical analysis of paint on painted
6             construction or demolition debris to confirm that
7             the paint does not exceed the Class I Soil
8             Component of the groundwater Ingestion Exposure
9             Route Values listed in Table A of 35 Ill. Adm. Code
10             742, Appendix B, as amended. Chemical analysis is
11             not required for pavement markings that conform to
12             Illinois Department of Transportation
13             specifications.
14                 (D) A visual inspection to confirm that only
15             restricted fill soil, painted construction or
16             demolition debris, clean construction or
17             demolition debris, or general fill soil is being
18             accepted for use as fill.
19                 (E) Screening of the soil with a photo
20             ionization detector or a flame ionization
21             detector, in accordance with procedures approved
22             by the Agency in the CCDD fill operation permit, to
23             confirm that the soil is consistent with the
24             definitions of restricted fill soil or general
25             fill soil and any chemical analysis used to
26             determine that the soil is restricted fill soil or

 

 

09600SB1607sam002 - 36 - LRB096 09569 JDS 24431 a

1             general fill soil.
2                 (F) Confirmation that the soil was not removed
3             from a site as a part of a cleanup or removal of
4             contaminants, including, but not limited to,
5             activities conducted under the Comprehensive
6             Environmental Response, Compensation, and
7             Liability Act of 1980, as amended; as a part of a
8             Closure or Corrective Action under the Resource
9             Conservation and Recovery Act, as amended; or
10             under an Agency remediation program, such as the
11             Leaking Underground Storage Tank Program or Site
12             Remediation Program, but excluding sites subject
13             to Section 58.16 of this Act where there is no
14             presence or likely presence of a release or a
15             substantial threat of a release of a regulated
16             substance at, on, to, or from the real property.
17                 (G) Documentation of all activities conducted
18             under the Receipt Control and Screening Plan.
19             Documentation of any chemical analysis must
20             include, but is not limited to, (i) a copy of the
21             lab analysis, (ii) accreditation status of the
22             laboratory performing the analysis, and (iii)
23             certification by an authorized agent of the
24             laboratory that the analysis has been performed in
25             accordance with the Agency's rules for the
26             accreditation of environmental laboratories and

 

 

09600SB1607sam002 - 37 - LRB096 09569 JDS 24431 a

1             the scope of accreditation. Documentation must be
2             submitted on forms and in a format prescribed by
3             the Agency.
4         (5) The owner or operator of the CCDD fill operation
5     must develop and implement a Testing and Sampling Plan
6     which ensures that soil used as fill does not exceed the
7     Class I Soil Component of the Groundwater Ingestion
8     Exposure Route Values listed in Table A of 35 Ill. Adm.
9     Code 742, Appendix B, as amended. The Testing and Sampling
10     Plan must include, but is not limited to, the following:
11                 (A) For every 500 cubic yards of soil used as
12             fill, a minimum of one representative soil sample
13             must be screened with an X-ray Fluorescence
14             Spectroscopy instrument in accordance with
15             procedures approved by the Agency in the CCDD fill
16             operation permit. Soil samples must be screened
17             after the soil is placed as fill at the site. If a
18             screening sample indicates that soil may exceed
19             the Class I Soil Component of the Groundwater
20             Ingestion Exposure Route Values listed in Table A
21             of 35 Ill. Adm. Code 742, Appendix B, as amended,
22             then additional representative soil samples must
23             be collected and analyzed by a laboratory for all
24             of the chemicals listed in Table A of 35 Ill. Adm.
25             Code 742, Appendix B, as amended, to determine
26             whether the soil exceeds the Class I Soil Component

 

 

09600SB1607sam002 - 38 - LRB096 09569 JDS 24431 a

1             of the Groundwater Ingestion Exposure Route Values
2             listed in Table A of 35 Ill. Adm. Code 742,
3             Appendix B, as amended. All soil that exceeds the
4             Class I Soil Component of the Groundwater
5             Ingestion Exposure Route Values listed in Table A
6             of 35 Ill. Adm. Code 742, Appendix B, as amended,
7             must be removed and disposed of at a landfill.
8                 (B) In addition to the screening and sampling
9             required under subdivision (d)(5)(A) of this
10             Section, for every 2,500 cubic yards of soil used
11             as fill a minimum of one representative soil sample
12             must be collected and analyzed by a laboratory for
13             all of the chemicals listed in Table A of 35 Ill.
14             Adm. Code 742, Appendix B, as amended, to determine
15             whether the soil exceeds the Class I Soil Component
16             of the Groundwater Ingestion Exposure Route Values
17             listed in Table A of 35 Ill. Adm. Code 742,
18             Appendix B, as amended. The samples may be combined
19             into composite samples as approved by the Agency in
20             the CCDD fill operation permit. Copies of the
21             laboratory analytical results must be submitted to
22             the Agency at least quarterly. The results must be
23             submitted in a form and manner prescribed by the
24             Agency. All soil that exceeds the Class I Soil
25             Component of the Groundwater Ingestion Exposure
26             Route Values listed in Table A of 35 Ill. Adm. Code

 

 

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1             742, Appendix B, as amended, must be removed and
2             disposed at a landfill.
3     (d) This Section applies only to clean construction or
4 demolition debris that is not considered "waste" as provided in
5 Section 3.160 of this Act.
6     (e) For purposes of this Section a clean construction or
7 demolition debris fill operation:
8         (1) The term "operator" means a person responsible for
9     the operation and maintenance of a CCDD clean construction
10     or demolition debris fill operation.
11         (2) The term "owner" means a person who has any direct
12     or indirect interest in a CCDD clean construction or
13     demolition debris fill operation or in land on which a
14     person operates and maintains a CCDD clean construction or
15     demolition debris fill operation. A "direct or indirect
16     interest" does not include the ownership of publicly traded
17     stock. The "owner" is the "operator" if there is no other
18     person who is operating and maintaining a CCDD clean
19     construction or demolition debris fill operation.
20         (3) The term "clean construction or demolition debris
21     fill operation" means a current or former quarry, mine, or
22     other excavation where clean construction or demolition
23     debris is used as fill material.
24         (4) The term "other excavation" does not include holes,
25     trenches, or similar earth removal created as part of
26     normal construction, removal, or maintenance of a

 

 

09600SB1607sam002 - 40 - LRB096 09569 JDS 24431 a

1     structure, utility, or transportation infrastructure.
2     (f) Owners and operators of CCDD fill operations that are
3 not permitted under subsection (d) of this Section to use
4 restricted fill soil or painted construction or demolition
5 debris as fill material must do all of the following:
6         (1) Develop and implement a Receipt Control and
7     Screening Plan that includes, but is not limited to, the
8     following:
9             (A) Documentation from the owner or operator of the
10         site where the general fill soil or clean construction
11         or demolition debris was removed that contains the
12         following information for each load received: (i)
13         location of the removal site; (ii) the owner of the
14         removal site; (iii) the site operator or general
15         contractor responsible for removal; and (iv) the
16         hauler of the load.
17             (B) For all soil, either (i) a certification from
18         the owner or operator of the site from which the soil
19         was removed that the site has never been used for
20         commercial or industrial purposes and is presumed to be
21         general fill soil, or (ii) a certification from a
22         Licensed Professional Engineer that the soil is
23         general fill soil. Certifications required under
24         subdivision (f)(1)(B) of this Section must be on forms
25         and in a format prescribed by the Agency.
26             (C) A visual inspection to confirm that only clean

 

 

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1         construction or demolition debris or general fill soil
2         is being accepted for use as fill.
3             (D) Screening of the soil with a photo ionization
4         detector or a flame ionization detector, in accordance
5         with procedures approved by the Agency in the CCDD fill
6         operation permit, to confirm that the soil is
7         consistent with the definition of general fill soil and
8         any chemical analysis used to determine that the soil
9         is general fill soil.
10             (E) Confirmation that the soil was not removed from
11         a site as a part of a cleanup or removal of
12         contaminants, including, but not limited to,
13         activities conducted under the Comprehensive
14         Environmental Response, Compensation, and Liability
15         Act of 1980, as amended; as a part of a Closure or
16         Corrective Action under the Resource Conservation and
17         Recovery Act, as amended; or under an Agency
18         remediation program, such as the Leaking Underground
19         Storage Tank Program or Site Remediation Program, but
20         excluding sites subject to Section 58.16 of this Act
21         where there is no presence or likely presence of a
22         release or a substantial threat of a release of a
23         regulated substance at, on, to, or from the real
24         property.
25             (F) Documentation of all activities conducted
26         under the Receipt Control and Screening Plan.

 

 

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1         Documentation of any chemical analysis must include,
2         but is not limited to, (i) a copy of the lab analysis,
3         (ii) accreditation status of the laboratory performing
4         the analysis, and (iii) certification by an authorized
5         agent of the laboratory that the analysis has been
6         performed in accordance with the Agency's rules for the
7         accreditation of environmental laboratories and the
8         scope of accreditation. Documentation must be
9         submitted on forms and in a format prescribed by the
10         Agency.
11         (2) Develop and implement a Testing and Sampling Plan
12     which ensures that soil used as fill does not exceed the
13     most stringent Tier 1 exposure route values adopted by the
14     Board under Title XVII of this Act. The most stringent Tier
15     1 exposure route values adopted by the Board under Title
16     XVII of this Act shall be determined in the manner set
17     forth in the definition of general fill soil under Section
18     3.508 of this Act. The Testing and Sampling Plan must
19     include, but is not limited to, all of the following:
20             (A) For every 2,500 cubic yards of soil used as
21         fill, a minimum of one representative soil sample must
22         be collected and analyzed by a laboratory for all of
23         the chemicals listed in Table A of 35 Ill. Adm. Code
24         742, Appendix B, as amended to determine whether the
25         soil exceeds the most stringent Tier 1 exposure route
26         values adopted by the Board under Title XVII of this

 

 

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1         Act. The samples may be combined into composite samples
2         as approved by the Agency in the CCDD fill operation
3         permit. Copies of the laboratory analytical results
4         must be submitted to the Agency in a form and manner to
5         be determined by the Agency at least quarterly. The
6         results must be submitted in a form and manner
7         prescribed by the Agency.
8             (B) All soil that exceeds the most stringent Tier 1
9         exposure route values adopted by the Board under Title
10         XVII of this Act must be removed and disposed at a
11         landfill.
12         (3) A closure and post-closure care plan that includes,
13     but is not limited to, covering, within 90 days after
14     completion of the filling or as approved by the Agency, all
15     clean construction or demolition debris with a minimum of 3
16     feet of general fill soil, a road, pavement, or structure.
17     (g) Owners and operators of clean construction or
18 demolition debris fill operations must maintain all
19 documentation required under this Section until at least 3
20 years after the date of receipt of the restricted fill soil,
21 painted construction or demolition debris, clean construction
22 or demolition debris, or general fill soil, except that
23 documentation relating to an appeal, litigation, or other
24 disputed claim must be maintained until at least 3 years after
25 the date of the final disposition of the appeal, litigation, or
26 other disputed claim. Copies of the documentation must be made

 

 

09600SB1607sam002 - 44 - LRB096 09569 JDS 24431 a

1 available to the Agency for inspection and copying during
2 normal business hours.
3     Chemical analysis conducted under this Section must be
4 conducted in accordance with the requirements of 35 Ill. Adm.
5 Code 742 and "Test Methods for Evaluating Solid Waste,
6 Physical/Chemical Methods", USEPA Publication No. SW-846, as
7 amended.
8     (h) Except at CCDD fill operations permitted under
9 subsection (d) of this Section to use restricted fill soil as
10 fill material, no person shall use soil other than general fill
11 soil as fill material at a CCDD fill operation. At CCDD fill
12 operations permitted under subsection (d) of this Section to
13 use restricted fill soil as fill material, no person shall use
14 soil other than restricted fill soil or general fill soil as
15 fill material.
16     (h-5) Except at CCDD fill operations permitted under
17 subsection (d) of this Section to use painted construction or
18 demolition debris as fill material, no person shall use
19 construction or demolition debris other than clean
20 construction or demolition debris as fill material at a CCDD
21 fill operation. At CCDD fill operations permitted under
22 subsection (d) of this Section to use painted construction or
23 demolition debris as fill material, no person shall use
24 construction or demolition debris other than painted
25 construction or demolition debris or clean construction or
26 demolition debris as fill material.

 

 

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1     (i) No person shall use, or cause or allow the use of, any
2 site on which a land use restriction has been recorded under
3 subdivision (d)(1) of this Section in a manner that is
4 inconsistent with the land use restriction unless the land use
5 restriction has been removed in accordance with subdivision
6 (d)(1) of this Section.
7     (j) After completion of filling at a CCDD fill operation
8 where restricted fill soil has been used as fill material, no
9 person shall occupy, or cause or allow the occupancy, of any
10 building at the site unless the building control technologies
11 required under subdivision (d)(2) of this Section have been
12 installed and are maintained. No person shall perform any
13 activity that disturbs the building controls technologies
14 unless the site is entered into the Agency's Site Remediation
15 Program and the activity is approved by the Agency as
16 consistent with Title XVII of this Act and rules adopted
17 thereunder.
18     (l) No person other than the State of Illinois, its
19 agencies and institutions, or a unit of local government shall
20 use restricted fill soil or painted construction or demolition
21 debris as fill material in a current or former quarry, mine, or
22 other excavation unless that person has posted with the Agency
23 a performance bond or other security for the purpose of
24 insuring (i) closure of the site in accordance with this
25 Section and its regulations and (ii) completion of corrective
26 action remedies required under this Act and its regulations.

 

 

09600SB1607sam002 - 46 - LRB096 09569 JDS 24431 a

1 The amount of the performance bond or other security shall be
2 directly related to the design and volume of the site. The cost
3 estimate for the performance bond or other security shall be
4 calculated using a period of time not to exceed 30 years beyond
5 closure and may be a shorter period as may be approved or
6 required by the Agency. Cost estimates shall be in current
7 dollars. Any moneys forfeited to the State from any performance
8 bond or other security required under this subsection shall be
9 placed in the Landfill Closure and Post-Closure Fund and shall,
10 upon approval by the Governor and the Director, be used by and
11 under the direction of the Agency for the purposes for which
12 such performance bond or other security was issued.
13     The Agency is authorized to enter into such contracts and
14 agreements as it may deem necessary to carry out the purposes
15 of this Section. Neither the State, nor the Director, nor any
16 State employee is liable for any damages or injuries arising
17 out of or resulting from any action taken under this Section.
18 Nothing in this Section shall bar a cause of action by the
19 State for any other penalty or relief provided by this Act or
20 any other law.
21     The Agency has the authority to approve or disapprove any
22 performance bond or other security posted under this subsection
23 (l). Any person whose performance bond or other security is
24 disapproved by the Agency may contest the disapproval as a
25 permit denial appeal under Section 40 of this Act.
26     (m) The Agency may establish the procedures it deems

 

 

09600SB1607sam002 - 47 - LRB096 09569 JDS 24431 a

1 necessary to implement and execute its responsibilities under
2 this Section.
3 (Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06.)
 
4     (415 ILCS 5/22.51a new)
5     Sec. 22.51a. Soil Fill Operations. This Section applies to
6 persons using soil as fill material at a soil fill operation.
7     (a) For purposes of this Section:
8         (1) The term "soil fill operation" means a current or
9     former quarry, mine, or other excavation, other than a
10     clean construction or demolition debris fill operation as
11     defined in subdivision (e)(3) of Section 22.51 of this Act,
12     where soil is used as fill material.
13         (2) The term "other excavation" does not include holes,
14     trenches, or similar earth removal created as part of
15     normal construction, removal, or maintenance of a
16     structure, utility, or transportation infrastructure.
17     (b) No person shall:
18         (1) Use soil as fill material at a soil fill operation
19     unless the requirements of this Section are met.
20         (2) Use soil other than general fill soil as fill
21     material at a soil fill operation.
22         (3) Use construction or demolition debris, including,
23     but not limited to, painted construction or demolition
24     debris and clean construction or demolition debris, as fill
25     material at a soil fill operation.

 

 

09600SB1607sam002 - 48 - LRB096 09569 JDS 24431 a

1     (c) On and after January 1, 2010, no person shall use soil
2 as fill material at a soil fill operation unless the owner or
3 operator of the soil fill operation has notified the Agency of
4 the soil fill operation. The notice must be submitted on forms
5 and in a format prescribed by the Agency.
6     (d) Owners and operators of soil fill operations must do
7 all of the following:
8         (1) Develop and implement a Receipt Control and
9     Screening Plan that includes, but is not limited to, the
10     following:
11             (A) For all soil, either (i) a certification from
12         the owner or operator of the site from which the soil
13         was removed that the site has never been used for
14         commercial or industrial purposes or (ii) a
15         certification from a Licensed Professional Engineer
16         that the soil is general fill soil. Certifications
17         required under this subdivision (d)(1)(A) of this
18         Section must be on forms and in format prescribed by
19         the Agency.
20             (B) A visual inspection to confirm that only
21         general fill soil is being accepted for use as fill.
22             (C) Screening of the soil with a photo ionization
23         detector or a flame ionization detector to confirm that
24         the soil is consistent with the definition of general
25         fill soil and any chemical analysis used to determine
26         that the soil is general fill soil.

 

 

09600SB1607sam002 - 49 - LRB096 09569 JDS 24431 a

1             (D) Confirmation that the soil was not removed from
2         a site as a part of the cleanup or removal of
3         contaminants, including, but not limited to,
4         activities conducted under the Comprehensive
5         Environmental Response, Compensation, and Liability
6         Act of 1980, as amended; as a part of a Closure or
7         Corrective Action under the Resource Conservation and
8         Recovery Act, as amended; or under an Agency
9         remediation program, such as the Leaking Underground
10         Storage Tank Program or Site Remediation Program, but
11         excluding sites subject to Section 58.16 of this Act
12         where there is no presence or likely presence of a
13         release or a substantial threat of a release of a
14         regulated substance at, on, to, or from the real
15         property.
16             (E) Documentation of all activities conducted
17         under the Receipt Control and Screening Plan.
18         Documentation of any chemical analysis must include,
19         but is not limited to, (i) a copy of the lab analysis,
20         (ii) accreditation status of the laboratory performing
21         the analysis, and (iii) certification by an authorized
22         agent of the laboratory that the analysis has been
23         performed in accordance with the Agency's rules for the
24         accreditation of environmental laboratories and the
25         scope of accreditation. Documentation must be
26         submitted on forms and in a format prescribed by the

 

 

09600SB1607sam002 - 50 - LRB096 09569 JDS 24431 a

1         Agency.
2         (2) Develop and implement a Testing and Sampling Plan
3     which ensures that soil used as fill does not exceed the
4     most stringent Tier 1 exposure route values adopted by the
5     Board under Title XVII of this Act. The most stringent Tier
6     1 exposure route values adopted by the Board under Title
7     XVII of this Act shall be determined in the manner set
8     forth in the definition of general fill soil under Section
9     3.508 of this Act. The Testing and Sampling Plan must
10     include, but is not limited to, the following:
11             (A) For every 5,000 cubic yards of soil used as
12         fill, a minimum of one representative soil sample must
13         be collected and analyzed by a laboratory for all of
14         the chemicals listed in Table A of 35 Ill. Adm. Code
15         742, Appendix B, as amended to determine whether the
16         soil exceeds the most stringent Tier 1 exposure route
17         values adopted by the Board under Title XVII of this
18         Act. The samples may be combined into composite samples
19         as approved by the Agency. Copies of the laboratory
20         analytical results must be submitted to the Agency at
21         least quarterly. The results must be submitted in a
22         form and manner prescribed by the Agency.
23             (B) All soil that exceeds the most stringent Tier 1
24         exposure route values adopted by the Board under Title
25         XVII of this Act must be removed and disposed of at a
26         landfill.

 

 

09600SB1607sam002 - 51 - LRB096 09569 JDS 24431 a

1     (e) Owners and operators of soil fill operations must
2 maintain all documentation required under this Section until at
3 least 3 years after the date of receipt of the soil, except
4 that documentation relating to an appeal, litigation, or other
5 disputed claim must be maintained until at least 3 years after
6 the date of the final disposition of the appeal, litigation, or
7 other disputed claim. Copies of the documentation must be made
8 available to the Agency for inspection and copying during
9 normal business hours.
10     Chemical analysis conducted under this Section must be
11 conducted in accordance with the requirements of 35 Ill. Adm.
12 Code 742, as amended, and "Test Methods for Evaluating Solid
13 Waste, Physical/Chemical Methods", USEPA Publication No.
14 SW-846, as amended.
 
15     (415 ILCS 5/22.54 new)
16     Sec. 22.54. Intergovernmental agreements. Notwithstanding
17 any other provisions of this Act, to the extent allowed by
18 federal law the Agency may, through intergovernmental
19 agreements, authorize reuse of soil and clean construction or
20 demolition debris by State agencies, or by counties with a
21 population of 3,000,000 or more, or by units of local
22 government located in a county with a population of 3,000,000
23 or more, as long as the reuse is protective of human health and
24 the environment.
25     To the extent allowed by federal law, no permit is required

 

 

09600SB1607sam002 - 52 - LRB096 09569 JDS 24431 a

1 for the reuse of soil or clean construction or demolition
2 debris under agreements entered into under this Section. To the
3 extent allowed by federal law, soil and clean construction or
4 demolition debris reused under agreements entered into under
5 this Section are not waste. Intergovernmental Agreements are
6 not required for the purpose of reuse of general fill soil or
7 for the purpose of reuse of soil or clean construction or
8 demolition debris on the site from which it was removed.
 
9     (415 ILCS 5/31.1)  (from Ch. 111 1/2, par. 1031.1)
10     Sec. 31.1. Administrative citation.
11     (a) The prohibitions specified in subsections (o) and (p)
12 of Section 21 and in Sections 22.51 and 22.51a of this Act
13 shall be enforceable either by administrative citation under
14 this Section or as otherwise provided by this Act.
15     (b) Whenever Agency personnel or personnel of a unit of
16 local government to which the Agency has delegated its
17 functions pursuant to subsection (r) of Section 4 of this Act,
18 on the basis of direct observation, determine that any person
19 has violated any provision of subsection (o) or (p) of Section
20 21 or any provision of Section 22.51 or 22.51a of this Act, the
21 Agency or such unit of local government may issue and serve an
22 administrative citation upon such person within not more than
23 60 days after the date of the observed violation. Each such
24 citation issued shall be served upon the person named therein
25 or such person's authorized agent for service of process, and

 

 

09600SB1607sam002 - 53 - LRB096 09569 JDS 24431 a

1 shall include the following information:
2         (1) a statement specifying the provisions of
3     subsection (o) or (p) of Section 21 or the provisions of
4     Section 22.51 or 22.51a of which the person was observed to
5     be in violation;
6         (2) a copy of the inspection report in which the Agency
7     or local government recorded the violation, which report
8     shall include the date and time of inspection, and weather
9     conditions prevailing during the inspection;
10         (3) the penalty imposed by subdivision (b)(4), or
11     (b)(4-5), or (b)(6) of Section 42 for such violation;
12         (4) instructions for contesting the administrative
13     citation findings pursuant to this Section, including
14     notification that the person has 35 days within which to
15     file a petition for review before the Board to contest the
16     administrative citation; and
17         (5) an affidavit by the personnel observing the
18     violation, attesting to their material actions and
19     observations.
20     (c) The Agency or unit of local government shall file a
21 copy of each administrative citation served under subsection
22 (b) of this Section with the Board no later than 10 days after
23 the date of service.
24     (d) (1) If the person named in the administrative citation
25 fails to petition the Board for review within 35 days from the
26 date of service, the Board shall adopt a final order, which

 

 

09600SB1607sam002 - 54 - LRB096 09569 JDS 24431 a

1 shall include the administrative citation and findings of
2 violation as alleged in the citation, and shall impose the
3 penalty specified in subdivision (b)(4), or (b)(4-5), or (b)(6)
4 of Section 42.
5     (2) If a petition for review is filed before the Board to
6 contest an administrative citation issued under subsection (b)
7 of this Section, the Agency or unit of local government shall
8 appear as a complainant at a hearing before the Board to be
9 conducted pursuant to Section 32 of this Act at a time not less
10 than 21 days after notice of such hearing has been sent by the
11 Board to the Agency or unit of local government and the person
12 named in the citation. In such hearings, the burden of proof
13 shall be on the Agency or unit of local government. If, based
14 on the record, the Board finds that the alleged violation
15 occurred, it shall adopt a final order which shall include the
16 administrative citation and findings of violation as alleged in
17 the citation, and shall impose the penalty specified in
18 subdivision (b)(4), or (b)(4-5), or (b)(6) of Section 42.
19 However, if the Board finds that the person appealing the
20 citation has shown that the violation resulted from
21 uncontrollable circumstances, the Board shall adopt a final
22 order which makes no finding of violation and which imposes no
23 penalty.
24     (e) Sections 10-25 through 10-60 of the Illinois
25 Administrative Procedure Act shall not apply to any
26 administrative citation issued under subsection (b) of this

 

 

09600SB1607sam002 - 55 - LRB096 09569 JDS 24431 a

1 Section.
2     (f) The other provisions of this Section shall not apply to
3 a sanitary landfill operated by a unit of local government
4 solely for the purpose of disposing of water and sewage
5 treatment plant sludges, including necessary stabilizing
6 materials.
7     (g) All final orders issued and entered by the Board
8 pursuant to this Section shall be enforceable by injunction,
9 mandamus or other appropriate remedy, in accordance with
10 Section 42 of this Act.
11 (Source: P.A. 92-16, eff. 6-28-01.)
 
12     (415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)
13     Sec. 42. Civil penalties.
14     (a) Except as provided in this Section, any person that
15 violates any provision of this Act or any regulation adopted by
16 the Board, or any permit or term or condition thereof, or that
17 violates any order of the Board pursuant to this Act, shall be
18 liable for a civil penalty of not to exceed $50,000 for the
19 violation and an additional civil penalty of not to exceed
20 $10,000 for each day during which the violation continues; such
21 penalties may, upon order of the Board or a court of competent
22 jurisdiction, be made payable to the Environmental Protection
23 Trust Fund, to be used in accordance with the provisions of the
24 Environmental Protection Trust Fund Act.
25     (b) Notwithstanding the provisions of subsection (a) of

 

 

09600SB1607sam002 - 56 - LRB096 09569 JDS 24431 a

1 this Section:
2         (1) Any person that violates Section 12(f) of this Act
3     or any NPDES permit or term or condition thereof, or any
4     filing requirement, regulation or order relating to the
5     NPDES permit program, shall be liable to a civil penalty of
6     not to exceed $10,000 per day of violation.
7         (2) Any person that violates Section 12(g) of this Act
8     or any UIC permit or term or condition thereof, or any
9     filing requirement, regulation or order relating to the
10     State UIC program for all wells, except Class II wells as
11     defined by the Board under this Act, shall be liable to a
12     civil penalty not to exceed $2,500 per day of violation;
13     provided, however, that any person who commits such
14     violations relating to the State UIC program for Class II
15     wells, as defined by the Board under this Act, shall be
16     liable to a civil penalty of not to exceed $10,000 for the
17     violation and an additional civil penalty of not to exceed
18     $1,000 for each day during which the violation continues.
19         (3) Any person that violates Sections 21(f), 21(g),
20     21(h) or 21(i) of this Act, or any RCRA permit or term or
21     condition thereof, or any filing requirement, regulation
22     or order relating to the State RCRA program, shall be
23     liable to a civil penalty of not to exceed $25,000 per day
24     of violation.
25         (4) In an administrative citation action under Section
26     31.1 of this Act, any person found to have violated any

 

 

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1     provision of subsection (o) of Section 21 of this Act shall
2     pay a civil penalty of $500 for each violation of each such
3     provision, plus any hearing costs incurred by the Board and
4     the Agency. Such penalties shall be made payable to the
5     Environmental Protection Trust Fund, to be used in
6     accordance with the provisions of the Environmental
7     Protection Trust Fund Act; except that if a unit of local
8     government issued the administrative citation, 50% of the
9     civil penalty shall be payable to the unit of local
10     government.
11         (4-5) In an administrative citation action under
12     Section 31.1 of this Act, any person found to have violated
13     any provision of subsection (p) of Section 21 of this Act
14     shall pay a civil penalty of $1,500 for each violation of
15     each such provision, plus any hearing costs incurred by the
16     Board and the Agency, except that the civil penalty amount
17     shall be $3,000 for each violation of any provision of
18     subsection (p) of Section 21 that is the person's second or
19     subsequent adjudication violation of that provision. The
20     penalties shall be deposited into the Environmental
21     Protection Trust Fund, to be used in accordance with the
22     provisions of the Environmental Protection Trust Fund Act;
23     except that if a unit of local government issued the
24     administrative citation, 50% of the civil penalty shall be
25     payable to the unit of local government.
26         (5) Any person who violates subsection 6 of Section

 

 

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1     39.5 of this Act or any CAAPP permit, or term or condition
2     thereof, or any fee or filing requirement, or any duty to
3     allow or carry out inspection, entry or monitoring
4     activities, or any regulation or order relating to the
5     CAAPP shall be liable for a civil penalty not to exceed
6     $10,000 per day of violation.
7         (6) In an administrative citation action under Section
8     31.1 of this Act, any person without a permit issued under
9     Section 22.51 of this Act that is found to have violated
10     any provision of Section 22.51 of this Act shall pay a
11     civil penalty of $1,500 for each violation of each
12     provision, plus any hearing costs incurred by the Board and
13     the Agency, except that the civil penalty amount shall be
14     $3,000 for each violation of any provision of Section 22.51
15     that is the person's second or subsequent adjudicated
16     violation of that provision. Any person with a permit
17     issued under Section 22.51 of this Act that is found to
18     have violated any provision of Section 22.51 or the permit,
19     or any person that is found to have violated Section 22.51a
20     of this Act, shall pay a civil penalty of $1,000 for each
21     violation of each provision, plus any hearing costs
22     incurred by the Board and the Agency, except that the civil
23     penalty amount shall be $2,000 for each violation of any
24     provision of Section 22.51, the permit, or Section 22.51a,
25     that is the person's second or subsequent adjudicated
26     violation of that provision. The penalties shall be

 

 

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1     deposited into the Environmental Protection Trust Fund, to
2     be used in accordance with the provisions of the
3     Environmental Protection Trust Fund Act; except that if a
4     delegated unit of local government issued the
5     administrative citation, 50% of the civil penalty shall be
6     payable to the unit of local government.
7     (b.5) In lieu of the penalties set forth in subsections (a)
8 and (b) of this Section, any person who fails to file, in a
9 timely manner, toxic chemical release forms with the Agency
10 pursuant to Section 25b-2 of this Act shall be liable for a
11 civil penalty of $100 per day for each day the forms are late,
12 not to exceed a maximum total penalty of $6,000. This daily
13 penalty shall begin accruing on the thirty-first day after the
14 date that the person receives the warning notice issued by the
15 Agency pursuant to Section 25b-6 of this Act; and the penalty
16 shall be paid to the Agency. The daily accrual of penalties
17 shall cease as of January 1 of the following year. All
18 penalties collected by the Agency pursuant to this subsection
19 shall be deposited into the Environmental Protection Permit and
20 Inspection Fund.
21     (c) Any person that violates this Act, any rule or
22 regulation adopted under this Act, any permit or term or
23 condition of a permit, or any Board order and causes the death
24 of fish or aquatic life shall, in addition to the other
25 penalties provided by this Act, be liable to pay to the State
26 an additional sum for the reasonable value of the fish or

 

 

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1 aquatic life destroyed. Any money so recovered shall be placed
2 in the Wildlife and Fish Fund in the State Treasury.
3     (d) The penalties provided for in this Section may be
4 recovered in a civil action.
5     (e) The State's Attorney of the county in which the
6 violation occurred, or the Attorney General, may, at the
7 request of the Agency or on his own motion, institute a civil
8 action for an injunction, prohibitory or mandatory, to restrain
9 violations of this Act, any rule or regulation adopted under
10 this Act, any permit or term or condition of a permit, or any
11 Board order, or to require such other actions as may be
12 necessary to address violations of this Act, any rule or
13 regulation adopted under this Act, any permit or term or
14 condition of a permit, or any Board order.
15     (f) The State's Attorney of the county in which the
16 violation occurred, or the Attorney General, shall bring such
17 actions in the name of the people of the State of Illinois.
18 Without limiting any other authority which may exist for the
19 awarding of attorney's fees and costs, the Board or a court of
20 competent jurisdiction may award costs and reasonable
21 attorney's fees, including the reasonable costs of expert
22 witnesses and consultants, to the State's Attorney or the
23 Attorney General in a case where he has prevailed against a
24 person who has committed a wilful, knowing or repeated
25 violation of this Act, any rule or regulation adopted under
26 this Act, any permit or term or condition of a permit, or any

 

 

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1 Board order.
2     Any funds collected under this subsection (f) in which the
3 Attorney General has prevailed shall be deposited in the
4 Hazardous Waste Fund created in Section 22.2 of this Act. Any
5 funds collected under this subsection (f) in which a State's
6 Attorney has prevailed shall be retained by the county in which
7 he serves.
8     (g) All final orders imposing civil penalties pursuant to
9 this Section shall prescribe the time for payment of such
10 penalties. If any such penalty is not paid within the time
11 prescribed, interest on such penalty at the rate set forth in
12 subsection (a) of Section 1003 of the Illinois Income Tax Act,
13 shall be paid for the period from the date payment is due until
14 the date payment is received. However, if the time for payment
15 is stayed during the pendency of an appeal, interest shall not
16 accrue during such stay.
17     (h) In determining the appropriate civil penalty to be
18 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
19 (b)(5) of this Section, the Board is authorized to consider any
20 matters of record in mitigation or aggravation of penalty,
21 including but not limited to the following factors:
22         (1) the duration and gravity of the violation;
23         (2) the presence or absence of due diligence on the
24     part of the respondent in attempting to comply with
25     requirements of this Act and regulations thereunder or to
26     secure relief therefrom as provided by this Act;

 

 

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1         (3) any economic benefits accrued by the respondent
2     because of delay in compliance with requirements, in which
3     case the economic benefits shall be determined by the
4     lowest cost alternative for achieving compliance;
5         (4) the amount of monetary penalty which will serve to
6     deter further violations by the respondent and to otherwise
7     aid in enhancing voluntary compliance with this Act by the
8     respondent and other persons similarly subject to the Act;
9         (5) the number, proximity in time, and gravity of
10     previously adjudicated violations of this Act by the
11     respondent;
12         (6) whether the respondent voluntarily self-disclosed,
13     in accordance with subsection (i) of this Section, the
14     non-compliance to the Agency; and
15         (7) whether the respondent has agreed to undertake a
16     "supplemental environmental project," which means an
17     environmentally beneficial project that a respondent
18     agrees to undertake in settlement of an enforcement action
19     brought under this Act, but which the respondent is not
20     otherwise legally required to perform.
21     In determining the appropriate civil penalty to be imposed
22 under subsection (a) or paragraph (1), (2), (3), or (5) of
23 subsection (b) of this Section, the Board shall ensure, in all
24 cases, that the penalty is at least as great as the economic
25 benefits, if any, accrued by the respondent as a result of the
26 violation, unless the Board finds that imposition of such

 

 

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1 penalty would result in an arbitrary or unreasonable financial
2 hardship. However, such civil penalty may be off-set in whole
3 or in part pursuant to a supplemental environmental project
4 agreed to by the complainant and the respondent.
5     (i) A person who voluntarily self-discloses non-compliance
6 to the Agency, of which the Agency had been unaware, is
7 entitled to a 100% reduction in the portion of the penalty that
8 is not based on the economic benefit of non-compliance if the
9 person can establish the following:
10         (1) that the non-compliance was discovered through an
11     environmental audit or a compliance management system
12     documented by the regulated entity as reflecting the
13     regulated entity's due diligence in preventing, detecting,
14     and correcting violations;
15         (2) that the non-compliance was disclosed in writing
16     within 30 days of the date on which the person discovered
17     it;
18         (3) that the non-compliance was discovered and
19     disclosed prior to:
20             (i) the commencement of an Agency inspection,
21         investigation, or request for information;
22             (ii) notice of a citizen suit;
23             (iii) the filing of a complaint by a citizen, the
24         Illinois Attorney General, or the State's Attorney of
25         the county in which the violation occurred;
26             (iv) the reporting of the non-compliance by an

 

 

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1         employee of the person without that person's
2         knowledge; or
3             (v) imminent discovery of the non-compliance by
4         the Agency;
5         (4) that the non-compliance is being corrected and any
6     environmental harm is being remediated in a timely fashion;
7         (5) that the person agrees to prevent a recurrence of
8     the non-compliance;
9         (6) that no related non-compliance events have
10     occurred in the past 3 years at the same facility or in the
11     past 5 years as part of a pattern at multiple facilities
12     owned or operated by the person;
13         (7) that the non-compliance did not result in serious
14     actual harm or present an imminent and substantial
15     endangerment to human health or the environment or violate
16     the specific terms of any judicial or administrative order
17     or consent agreement;
18         (8) that the person cooperates as reasonably requested
19     by the Agency after the disclosure; and
20         (9) that the non-compliance was identified voluntarily
21     and not through a monitoring, sampling, or auditing
22     procedure that is required by statute, rule, permit,
23     judicial or administrative order, or consent agreement.
24     If a person can establish all of the elements under this
25 subsection except the element set forth in paragraph (1) of
26 this subsection, the person is entitled to a 75% reduction in

 

 

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1 the portion of the penalty that is not based upon the economic
2 benefit of non-compliance.
3     (j) In addition to an other remedy or penalty that may
4 apply, whether civil or criminal, any person who violates
5 Section 22.52 of this Act shall be liable for an additional
6 civil penalty of up to 3 times the gross amount of any
7 pecuniary gain resulting from the violation.
8 (Source: P.A. 94-272, eff. 7-19-05; 94-580, eff. 8-12-05;
9 95-331, eff. 8-21-07.)
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.".