SB3721 Enrolled LRB096 16682 JDS 31966 b

1     AN ACT concerning safety.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Environmental Protection Act is amended by
5 changing Sections 3.160, 22.51, 31.1, and 42 and by adding
6 Sections 22.51a and 22.51b as follows:
 
7     (415 ILCS 5/3.160)  (was 415 ILCS 5/3.78 and 3.78a)
8     Sec. 3.160. Construction or demolition debris.
9     (a) "General construction or demolition debris" means
10 non-hazardous, uncontaminated materials resulting from the
11 construction, remodeling, repair, and demolition of utilities,
12 structures, and roads, limited to the following: bricks,
13 concrete, and other masonry materials; soil; rock; wood,
14 including non-hazardous painted, treated, and coated wood and
15 wood products; wall coverings; plaster; drywall; plumbing
16 fixtures; non-asbestos insulation; roofing shingles and other
17 roof coverings; reclaimed or other asphalt pavement; glass;
18 plastics that are not sealed in a manner that conceals waste;
19 electrical wiring and components containing no hazardous
20 substances; and corrugated cardboard, piping or metals
21 incidental to any of those materials.
22     General construction or demolition debris does not include
23 uncontaminated soil generated during construction, remodeling,

 

 

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1 repair, and demolition of utilities, structures, and roads
2 provided the uncontaminated soil is not commingled with any
3 general construction or demolition debris or other waste.
4     To the extent allowed by federal law, uncontaminated
5 concrete with protruding rebar shall be considered clean
6 construction or demolition debris and shall not be considered
7 "waste" if it is separated or processed and returned to the
8 economic mainstream in the form of raw materials or products
9 within 4 years of its generation, if it is not speculatively
10 accumulated and, if used as a fill material, it is used in
11 accordance with item (i) in subsection (b) of this Section.
12     (b) "Clean construction or demolition debris" means
13 uncontaminated broken concrete without protruding metal bars,
14 bricks, rock, stone, reclaimed or other asphalt pavement, or
15 soil generated from construction or demolition activities.
16     Clean construction or demolition debris does not include
17 uncontaminated soil generated during construction, remodeling,
18 repair, and demolition of utilities, structures, and roads
19 provided the uncontaminated soil is not commingled with any
20 clean construction or demolition debris or other waste.
21     To the extent allowed by federal law, clean construction or
22 demolition debris shall not be considered "waste" if it is (i)
23 used as fill material outside of a setback zone if the fill is
24 placed no higher than the highest point of elevation existing
25 prior to the filling immediately adjacent to the fill area, and
26 if covered by sufficient uncontaminated soil to support

 

 

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1 vegetation within 30 days of the completion of filling or if
2 covered by a road or structure, and, if used as fill material
3 in a current or former quarry, mine, or other excavation, is
4 used in accordance with the requirements of Section 22.51 of
5 this Act and the rules adopted thereunder or (ii) separated or
6 processed and returned to the economic mainstream in the form
7 of raw materials or products, if it is not speculatively
8 accumulated and, if used as a fill material, it is used in
9 accordance with item (i), or (iii) solely broken concrete
10 without protruding metal bars used for erosion control, or (iv)
11 generated from the construction or demolition of a building,
12 road, or other structure and used to construct, on the site
13 where the construction or demolition has taken place, a manmade
14 functional structure not to exceed 20 feet above the highest
15 point of elevation of the property immediately adjacent to the
16 new manmade functional structure as that elevation existed
17 prior to the creation of that new structure, provided that the
18 structure shall be covered with sufficient soil materials to
19 sustain vegetation or by a road or structure, and further
20 provided that no such structure shall be constructed within a
21 home rule municipality with a population over 500,000 without
22 the consent of the municipality.
23     For purposes of this subsection (b), reclaimed or other
24 asphalt pavement shall not be considered speculatively
25 accumulated if: (i) it is not commingled with any other clean
26 construction or demolition debris or any waste; (ii) it is

 

 

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1 returned to the economic mainstream in the form of raw
2 materials or products within 4 years after its generation;
3 (iii) at least 25% of the total amount present at a site during
4 a calendar year is transported off of the site during the next
5 calendar year; and (iv) if used as a fill material, it is used
6 in accordance with item (i) of the second paragraph of this
7 subsection (b).
8     (c) For purposes of this Section, the term "uncontaminated
9 soil" means soil that does not contain contaminants in
10 concentrations that pose a threat to human health and safety
11 and the environment.
12         (1) No later than one year after the effective date of
13     this amendatory Act of the 96th General Assembly, the
14     Agency shall propose, and, no later than one year after
15     receipt of the Agency's proposal, the Board shall adopt,
16     rules specifying the maximum concentrations of
17     contaminants that may be present in uncontaminated soil for
18     purposes of this Section. For carcinogens, the maximum
19     concentrations shall not allow exposure to exceed an excess
20     upper-bound lifetime risk of 1 in 1,000,000; provided that
21     the Board may consider allowing benzo(a)pyrene up to the
22     applicable background concentration set forth in Table H of
23     Appendix A of 35 Ill. Adm. Code 742 in soil used as fill
24     material in a current or former quarry, mine, or other
25     excavation in accordance with Section 22.51 or 22.51a of
26     this Act and rules adopted under those Sections, so long as

 

 

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1     the applicable background concentration is based upon the
2     location of the quarry, mine, or other excavation.
3         (2) To the extent allowed under federal law and
4     regulations, uncontaminated soil shall not be considered a
5     waste.
6 (Source: P.A. 95-121, eff. 8-13-07; 96-235, eff. 8-11-09.)
 
7     (415 ILCS 5/22.51)
8     Sec. 22.51. Clean Construction or Demolition Debris Fill
9 Operations.
10     (a) No person shall conduct any clean construction or
11 demolition debris fill operation in violation of this Act or
12 any regulations or standards adopted by the Board.
13     (b)(1)(A) Beginning August 18, 2005 30 days after the
14 effective date of this amendatory Act of the 94th General
15 Assembly but prior to July 1, 2008, no person shall use clean
16 construction or demolition debris as fill material in a current
17 or former quarry, mine, or other excavation, unless they have
18 applied for an interim authorization from the Agency for the
19 clean construction or demolition debris fill operation.
20     (B) The Agency shall approve an interim authorization upon
21 its receipt of a written application for the interim
22 authorization that is signed by the site owner and the site
23 operator, or their duly authorized agent, and that contains the
24 following information: (i) the location of the site where the
25 clean construction or demolition debris fill operation is

 

 

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

 

 

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

 

 

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

 

 

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1         demolition debris is being used as fill material by
2         screening each truckload of material received using a
3         device approved by the Agency that detects volatile
4         organic compounds. Such devices may include, but are
5         not limited to, photo ionization detectors. All
6         screening devices shall be operated and maintained in
7         accordance with manufacturer's specifications.
8         Unacceptable fill material shall be rejected from the
9         site; and
10             (B) Retain for a minimum of 3 years the following
11         information:
12                 (i) The name of the hauler, the name of the
13             generator, and place of origin of the debris or
14             soil;
15                 (ii) The approximate weight or volume of the
16             debris or soil; and
17                 (iii) The date the debris or soil was received.
18     (d) This Section applies only to clean construction or
19 demolition debris that is not considered "waste" as provided in
20 Section 3.160 of this Act.
21     (e) For purposes of this Section a clean construction or
22 demolition debris fill operation:
23         (1) The term "operator" means a person responsible for
24     the operation and maintenance of a clean construction or
25     demolition debris fill operation.
26         (2) The term "owner" means a person who has any direct

 

 

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

 

 

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

 

 

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1     debris or uncontaminated soil, (ii) the weight or volume of
2     the clean construction or demolition debris or
3     uncontaminated soil, and (iii) the date the clean
4     construction or demolition debris or uncontaminated soil
5     was received.
6         (B) For all soil, obtain either (i) a certification
7     from the owner or operator of the site from which the soil
8     was removed that the site has never been used for
9     commercial or industrial purposes and is presumed to be
10     uncontaminated soil or (ii) a certification from a licensed
11     Professional Engineer that the soil is uncontaminated
12     soil. Certifications required under this subdivision
13     (f)(2)(B) must be on forms and in a format prescribed by
14     the Agency.
15         (C) Confirm that the clean construction or demolition
16     debris or uncontaminated soil was not removed from a site
17     as part of a cleanup or removal of contaminants, including,
18     but not limited to, activities conducted under the
19     Comprehensive Environmental Response, Compensation, and
20     Liability Act of 1980, as amended; as part of a Closure or
21     Corrective Action under the Resource Conservation and
22     Recovery Act, as amended; or under an Agency remediation
23     program, such as the Leaking Underground Storage Tank
24     Program or Site Remediation Program, but excluding sites
25     subject to Section 58.16 of this Act where there is no
26     presence or likely presence of a release or a substantial

 

 

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1     threat of a release of a regulated substance at, on, or
2     from the real property.
3         (D) Document all activities required under subdivision
4     (f)(2) of this Section. Documentation of any chemical
5     analysis must include, but is not limited to, (i) a copy of
6     the lab analysis, (ii) accreditation status of the
7     laboratory performing the analysis, and (iii)
8     certification by an authorized agent of the laboratory that
9     the analysis has been performed in accordance with the
10     Agency's rules for the accreditation of environmental
11     laboratories and the scope of accreditation.
12     (3) Owners and operators of clean construction or
13 demolition debris fill operations must maintain all
14 documentation required under subdivision (f)(2) of this
15 Section for a minimum of 3 years following the receipt of each
16 load of clean construction or demolition debris or
17 uncontaminated soil, except that documentation relating to an
18 appeal, litigation, or other disputed claim must be maintained
19 until at least 3 years after the date of the final disposition
20 of the appeal, litigation, or other disputed claim. Copies of
21 the documentation must be made available to the Agency and to
22 units of local government for inspection and copying during
23 normal business hours. The Agency may prescribe forms and
24 formats for the documentation required under subdivision
25 (f)(2) of this Section.
26     Chemical analysis conducted under subdivision (f)(2) of

 

 

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1 this Section must be conducted in accordance with the
2 requirements of 35 Ill. Adm. Code 742, as amended, and "Test
3 Methods for Evaluating Solid Waste, Physical/Chemical
4 Methods", USEPA Publication No. SW-846, as amended.
5     (g)(1) No person shall use soil other than uncontaminated
6 soil as fill material at a clean construction or demolition
7 debris fill operation.
8     (2) No person shall use construction or demolition debris
9 other than clean construction or demolition debris as fill
10 material at a clean construction or demolition debris fill
11 operation.
12 (Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06.)
 
13     (415 ILCS 5/22.51a new)
14     Sec. 22.51a. Uncontaminated Soil Fill Operations.
15     (a) For purposes of this Section:
16         (1) The term "uncontaminated soil" shall have the same
17     meaning as uncontaminated soil under Section 3.160 of this
18     Act.
19         (2) The term "uncontaminated soil fill operation"
20     means a current or former quarry, mine, or other excavation
21     where uncontaminated soil is used as fill material, but
22     does not include a clean construction or demolition debris
23     fill operation.
24     (b) No person shall use soil other than uncontaminated soil
25 as fill material at an uncontaminated soil fill operation.

 

 

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1     (c) Owners and operators of uncontaminated soil fill
2 operations must register the fill operations with the Agency.
3 Uncontaminated soil fill operations that received
4 uncontaminated soil prior to the effective date of this
5 amendatory Act of the 96th General Assembly must be registered
6 with the Agency no later than March 31, 2011. Uncontaminated
7 soil fill operations that first receive uncontaminated soil on
8 or after the effective date of this amendatory Act of the 96th
9 General Assembly must be registered with the Agency prior to
10 the receipt of any uncontaminated soil. Registrations must be
11 submitted on forms and in a format prescribed by the Agency.
12     (d)(1) No later than one year after the effective date of
13 this amendatory Act of the 96th General Assembly, the Agency
14 shall propose to the Board, and, no later than one year after
15 the Board's receipt of the Agency's proposal, the Board shall
16 adopt, rules for the use of uncontaminated soil as fill
17 material at uncontaminated soil fill operations. The rules must
18 include standards and procedures necessary to protect
19 groundwater, which shall include, but shall not be limited to,
20 testing and certification of soil used as fill material and
21 requirements for recordkeeping.
22     (2) Until the effective date of the Board rules adopted
23 under subdivision (d)(1) of this Section, owners and operators
24 of uncontaminated soil fill operations must do all of the
25 following in subdivisions (d)(2)(A) through (d)(2)(F) of this
26 Section for all uncontaminated soil accepted for use as fill

 

 

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1 material. The requirements in subdivisions (d)(2)(A) through
2 (d)(2)(F) of this Section shall not limit any rules adopted by
3 the Board.
4         (A) Document the following information for each load of
5     uncontaminated soil received: (i) the name of the hauler,
6     the address of the site of origin, and the owner and the
7     operator of the site of origin of the uncontaminated soil,
8     (ii) the weight or volume of the uncontaminated soil, and
9     (iii) the date the uncontaminated soil was received.
10         (B) Obtain either (i) a certification from the owner or
11     operator of the site from which the soil was removed that
12     the site has never been used for commercial or industrial
13     purposes and is presumed to be uncontaminated soil or (ii)
14     a certification from a licensed Professional Engineer that
15     the soil is uncontaminated soil. Certifications required
16     under this subdivision (d)(2)(B) must be on forms and in a
17     format prescribed by the Agency.
18         (C) Confirm that the uncontaminated soil was not
19     removed from a site as part of a cleanup or removal of
20     contaminants, including, but not limited to, activities
21     conducted under the Comprehensive Environmental Response,
22     Compensation, and Liability Act of 1980, as amended; as
23     part of a Closure or Corrective Action under the Resource
24     Conservation and Recovery Act, as amended; or under an
25     Agency remediation program, such as the Leaking
26     Underground Storage Tank Program or Site Remediation

 

 

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1     Program, but excluding sites subject to Section 58.16 of
2     this Act where there is no presence or likely presence of a
3     release or a substantial threat of a release of a regulated
4     substance at, on, or from the real property.
5         (D) Visually inspect each load to confirm that only
6     uncontaminated soil is being accepted for use as fill
7     material.
8         (E) Screen each load of uncontaminated soil using a
9     device that is approved by the Agency and detects volatile
10     organic compounds. Such a device may include, but is not
11     limited to, a photo ionization detector or a flame
12     ionization detector. All screening devices shall be
13     operated and maintained in accordance with the
14     manufacturer's specifications. Unacceptable soil must be
15     rejected from the fill operation.
16         (F) Document all activities required under subdivision
17     (d)(2) of this Section. Documentation of any chemical
18     analysis must include, but is not limited to, (i) a copy of
19     the lab analysis, (ii) accreditation status of the
20     laboratory performing the analysis, and (iii)
21     certification by an authorized agent of the laboratory that
22     the analysis has been performed in accordance with the
23     Agency's rules for the accreditation of environmental
24     laboratories and the scope of accreditation.
25     (3) Owners and operators of uncontaminated soil fill
26 operations must maintain all documentation required under

 

 

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1 subdivision (d)(2) of this Section for a minimum of 3 years
2 following the receipt of each load of uncontaminated soil,
3 except that documentation relating to an appeal, litigation, or
4 other disputed claim must be maintained until at least 3 years
5 after the date of the final disposition of the appeal,
6 litigation, or other disputed claim. Copies of the
7 documentation must be made available to the Agency and to units
8 of local government for inspection and copying during normal
9 business hours. The Agency may prescribe forms and formats for
10 the documentation required under subdivision (d)(2) of this
11 Section.
12     Chemical analysis conducted under subdivision (d)(2) of
13 this Section must be conducted in accordance with the
14 requirements of 35 Ill. Adm. Code 742, as amended, and "Test
15 Methods for Evaluating Solid Waste, Physical/Chemical
16 Methods", USEPA Publication No. SW-846, as amended.
 
17     (415 ILCS 5/22.51b new)
18     Sec. 22.51b. Fees for permitted facilities accepting clean
19 construction or demolition debris or uncontaminated soil.
20     (a) The Agency shall assess and collect a fee from the
21 owner or operator of each clean construction or demolition
22 debris fill operation that is permitted or required to be
23 permitted by the Agency. The fee assessed and collected under
24 this subsection shall be 20 cents per cubic yard of clean
25 construction or demolition debris or uncontaminated soil

 

 

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1 accepted by the clean construction or demolition debris fill
2 operation, or, alternatively, the owner or operator may weigh
3 the quantity of the clean construction or demolition debris or
4 uncontaminated soil with a device for which certification has
5 been obtained under the Weights and Measures Act and pay a fee
6 of 14 cents per ton of clean construction or demolition debris
7 or uncontaminated soil. The fee shall apply to construction or
8 demolition debris or uncontaminated soil if (i) the clean
9 construction or demolition debris fill operation is located off
10 the site where the clean construction or demolition debris or
11 uncontaminated soil was generated and (ii) the clean
12 construction or demolition debris fill operation is owned,
13 controlled, and operated by a person other than the generator
14 of the clean construction or demolition debris or
15 uncontaminated soil.
16     (b) The Agency shall establish rules relating to the
17 collection of the fees authorized by subsection (a) of this
18 Section. These rules shall include, but are not limited to, the
19 following:
20         (1) Records identifying the quantities of clean
21     construction or demolition debris and uncontaminated soil
22     received.
23         (2) The form and submission of reports to accompany the
24     payment of fees to the Agency.
25         (3) The time and manner of payment of fees to the
26     Agency, which payments shall not be more often than

 

 

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1     quarterly.
2     (c) Fees collected under this Section shall be in addition
3 to any other fees collected under any other Section.
4     (d) The Agency shall not refund any fee paid to it under
5 this Section.
6     (e) The Agency shall deposit all fees collected under this
7 subsection into the Environmental Protection Permit and
8 Inspection Fund. Pursuant to appropriation, all moneys
9 collected under this Section shall be used by the Agency for
10 the implementation of this Section and for permit and
11 inspection activities.
12     (f) A unit of local government, as defined in the Local
13 Solid Waste Disposal Act, in which a clean construction or
14 demolition debris fill operation is located and which has
15 entered into a delegation agreement with the Agency pursuant to
16 subsection (r) of Section 4 of this Act for inspection,
17 investigation, or enforcement functions related to clean
18 construction or demolition debris fill operations may
19 establish a fee, tax, or surcharge with regard to clean
20 construction or demolition debris or uncontaminated soil
21 accepted by clean construction or demolition debris fill
22 operations. All fees, taxes, and surcharges collected under
23 this subsection shall be used for inspection, investigation,
24 and enforcement functions performed by the unit of local
25 government pursuant to the delegation agreement with the
26 Agency. Fees, taxes, and surcharges established under this

 

 

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1 subsection (f) shall not exceed a total of 10 cents per cubic
2 yard of clean construction or demolition debris or
3 uncontaminated soil accepted by the clean construction or
4 demolition debris fill operation, unless the owner or operator
5 weighs the quantity of the clean construction or demolition
6 debris or uncontaminated soil with a device for which
7 certification has been obtained under the Weights and Measures
8 Act, in which case the fee shall not exceed 7 cents per ton of
9 clean construction or demolition debris or uncontaminated
10 soil.
11     (g) For the purposes of this Section:
12         (1) The term "uncontaminated soil" shall have the same
13     meaning as uncontaminated soil under Section 3.160 of this
14     Act.
15         (2) The term "clean construction or demolition debris
16     fill operation" shall have the same meaning as clean
17     construction or demolition debris fill operation under
18     Section 22.51 of this Act.
 
19     (415 ILCS 5/31.1)  (from Ch. 111 1/2, par. 1031.1)
20     Sec. 31.1. Administrative citation.
21     (a) The prohibitions specified in subsections (o) and (p)
22 of Section 21 and subsection (k) of Section 55 of this Act
23 shall be enforceable either by administrative citation under
24 this Section or as otherwise provided by this Act. Violations
25 of Section 22.51 and 22.51a of this Act shall be enforceable

 

 

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1 either by administrative citation under this Section or as
2 otherwise provided by this Act.
3     (b) Whenever Agency personnel or personnel of a unit of
4 local government to which the Agency has delegated its
5 functions pursuant to subsection (r) of Section 4 of this Act,
6 on the basis of direct observation, determine that any person
7 has violated any provision of subsection (o) or (p) of Section
8 21, Section 22.51, Section 22.51a, or subsection (k) of Section
9 55 of this Act, the Agency or such unit of local government may
10 issue and serve an administrative citation upon such person
11 within not more than 60 days after the date of the observed
12 violation. Each such citation issued shall be served upon the
13 person named therein or such person's authorized agent for
14 service of process, and shall include the following
15 information:
16         (1) a statement specifying the provisions of
17     subsection (o) or (p) of Section 21, Section 22.51, Section
18     22.51a, or subsection (k) of Section 55 of which the person
19     was observed to be in violation;
20         (2) a copy of the inspection report in which the Agency
21     or local government recorded the violation, which report
22     shall include the date and time of inspection, and weather
23     conditions prevailing during the inspection;
24         (3) the penalty imposed by subdivision (b)(4) or
25     (b)(4-5) of Section 42 for such violation;
26         (4) instructions for contesting the administrative

 

 

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1     citation findings pursuant to this Section, including
2     notification that the person has 35 days within which to
3     file a petition for review before the Board to contest the
4     administrative citation; and
5         (5) an affidavit by the personnel observing the
6     violation, attesting to their material actions and
7     observations.
8     (c) The Agency or unit of local government shall file a
9 copy of each administrative citation served under subsection
10 (b) of this Section with the Board no later than 10 days after
11 the date of service.
12     (d) (1) If the person named in the administrative citation
13 fails to petition the Board for review within 35 days from the
14 date of service, the Board shall adopt a final order, which
15 shall include the administrative citation and findings of
16 violation as alleged in the citation, and shall impose the
17 penalty specified in subdivision (b)(4) or (b)(4-5) of Section
18 42.
19     (2) If a petition for review is filed before the Board to
20 contest an administrative citation issued under subsection (b)
21 of this Section, the Agency or unit of local government shall
22 appear as a complainant at a hearing before the Board to be
23 conducted pursuant to Section 32 of this Act at a time not less
24 than 21 days after notice of such hearing has been sent by the
25 Board to the Agency or unit of local government and the person
26 named in the citation. In such hearings, the burden of proof

 

 

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1 shall be on the Agency or unit of local government. If, based
2 on the record, the Board finds that the alleged violation
3 occurred, it shall adopt a final order which shall include the
4 administrative citation and findings of violation as alleged in
5 the citation, and shall impose the penalty specified in
6 subdivision (b)(4) or (b)(4-5) of Section 42. However, if the
7 Board finds that the person appealing the citation has shown
8 that the violation resulted from uncontrollable circumstances,
9 the Board shall adopt a final order which makes no finding of
10 violation and which imposes no penalty.
11     (e) Sections 10-25 through 10-60 of the Illinois
12 Administrative Procedure Act shall not apply to any
13 administrative citation issued under subsection (b) of this
14 Section.
15     (f) The other provisions of this Section shall not apply to
16 a sanitary landfill operated by a unit of local government
17 solely for the purpose of disposing of water and sewage
18 treatment plant sludges, including necessary stabilizing
19 materials.
20     (g) All final orders issued and entered by the Board
21 pursuant to this Section shall be enforceable by injunction,
22 mandamus or other appropriate remedy, in accordance with
23 Section 42 of this Act.
24 (Source: P.A. 96-737, eff. 8-25-09.)
 
25     (415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)

 

 

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1     Sec. 42. Civil penalties.
2     (a) Except as provided in this Section, any person that
3 violates any provision of this Act or any regulation adopted by
4 the Board, or any permit or term or condition thereof, or that
5 violates any order of the Board pursuant to this Act, shall be
6 liable for a civil penalty of not to exceed $50,000 for the
7 violation and an additional civil penalty of not to exceed
8 $10,000 for each day during which the violation continues; such
9 penalties may, upon order of the Board or a court of competent
10 jurisdiction, be made payable to the Environmental Protection
11 Trust Fund, to be used in accordance with the provisions of the
12 Environmental Protection Trust Fund Act.
13     (b) Notwithstanding the provisions of subsection (a) of
14 this Section:
15         (1) Any person that violates Section 12(f) of this Act
16     or any NPDES permit or term or condition thereof, or any
17     filing requirement, regulation or order relating to the
18     NPDES permit program, shall be liable to a civil penalty of
19     not to exceed $10,000 per day of violation.
20         (2) Any person that violates Section 12(g) of this Act
21     or any UIC permit or term or condition thereof, or any
22     filing requirement, regulation or order relating to the
23     State UIC program for all wells, except Class II wells as
24     defined by the Board under this Act, shall be liable to a
25     civil penalty not to exceed $2,500 per day of violation;
26     provided, however, that any person who commits such

 

 

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1     violations relating to the State UIC program for Class II
2     wells, as defined by the Board under this Act, shall be
3     liable to a civil penalty of not to exceed $10,000 for the
4     violation and an additional civil penalty of not to exceed
5     $1,000 for each day during which the violation continues.
6         (3) Any person that violates Sections 21(f), 21(g),
7     21(h) or 21(i) of this Act, or any RCRA permit or term or
8     condition thereof, or any filing requirement, regulation
9     or order relating to the State RCRA program, shall be
10     liable to a civil penalty of not to exceed $25,000 per day
11     of violation.
12         (4) In an administrative citation action under Section
13     31.1 of this Act, any person found to have violated any
14     provision of subsection (o) of Section 21 of this Act shall
15     pay a civil penalty of $500 for each violation of each such
16     provision, plus any hearing costs incurred by the Board and
17     the Agency. Such penalties shall be made payable to the
18     Environmental Protection Trust Fund, to be used in
19     accordance with the provisions of the Environmental
20     Protection Trust Fund Act; except that if a unit of local
21     government issued the administrative citation, 50% of the
22     civil penalty shall be payable to the unit of local
23     government.
24         (4-5) In an administrative citation action under
25     Section 31.1 of this Act, any person found to have violated
26     any provision of subsection (p) of Section 21, Section

 

 

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1     22.51, Section 22.51a, or subsection (k) of Section 55 of
2     this Act shall pay a civil penalty of $1,500 for each
3     violation of each such provision, plus any hearing costs
4     incurred by the Board and the Agency, except that the civil
5     penalty amount shall be $3,000 for each violation of any
6     provision of subsection (p) of Section 21, Section 22.51,
7     Section 22.51a, or subsection (k) of Section 55 that is the
8     person's second or subsequent adjudication violation of
9     that provision. The penalties shall be deposited into the
10     Environmental Protection Trust Fund, to be used in
11     accordance with the provisions of the Environmental
12     Protection Trust Fund Act; except that if a unit of local
13     government issued the administrative citation, 50% of the
14     civil penalty shall be payable to the unit of local
15     government.
16         (5) Any person who violates subsection 6 of Section
17     39.5 of this Act or any CAAPP permit, or term or condition
18     thereof, or any fee or filing requirement, or any duty to
19     allow or carry out inspection, entry or monitoring
20     activities, or any regulation or order relating to the
21     CAAPP shall be liable for a civil penalty not to exceed
22     $10,000 per day of violation.
23         (6) Any owner or operator of a community water system
24     that violates subsection (b) of Section 18.1 or subsection
25     (a) of Section 25d-3 of this Act shall, for each day of
26     violation, be liable for a civil penalty not to exceed $5

 

 

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

 

 

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1     (e) The State's Attorney of the county in which the
2 violation occurred, or the Attorney General, may, at the
3 request of the Agency or on his own motion, institute a civil
4 action for an injunction, prohibitory or mandatory, to restrain
5 violations of this Act, any rule or regulation adopted under
6 this Act, any permit or term or condition of a permit, or any
7 Board order, or to require such other actions as may be
8 necessary to address violations of this Act, any rule or
9 regulation adopted under this Act, any permit or term or
10 condition of a permit, or any Board order.
11     (f) The State's Attorney of the county in which the
12 violation occurred, or the Attorney General, shall bring such
13 actions in the name of the people of the State of Illinois.
14 Without limiting any other authority which may exist for the
15 awarding of attorney's fees and costs, the Board or a court of
16 competent jurisdiction may award costs and reasonable
17 attorney's fees, including the reasonable costs of expert
18 witnesses and consultants, to the State's Attorney or the
19 Attorney General in a case where he has prevailed against a
20 person who has committed a wilful, knowing or repeated
21 violation of this Act, any rule or regulation adopted under
22 this Act, any permit or term or condition of a permit, or any
23 Board order.
24     Any funds collected under this subsection (f) in which the
25 Attorney General has prevailed shall be deposited in the
26 Hazardous Waste Fund created in Section 22.2 of this Act. Any

 

 

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

 

 

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

 

 

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1     (i) A person who voluntarily self-discloses non-compliance
2 to the Agency, of which the Agency had been unaware, is
3 entitled to a 100% reduction in the portion of the penalty that
4 is not based on the economic benefit of non-compliance if the
5 person can establish the following:
6         (1) that the non-compliance was discovered through an
7     environmental audit or a compliance management system
8     documented by the regulated entity as reflecting the
9     regulated entity's due diligence in preventing, detecting,
10     and correcting violations;
11         (2) that the non-compliance was disclosed in writing
12     within 30 days of the date on which the person discovered
13     it;
14         (3) that the non-compliance was discovered and
15     disclosed prior to:
16             (i) the commencement of an Agency inspection,
17         investigation, or request for information;
18             (ii) notice of a citizen suit;
19             (iii) the filing of a complaint by a citizen, the
20         Illinois Attorney General, or the State's Attorney of
21         the county in which the violation occurred;
22             (iv) the reporting of the non-compliance by an
23         employee of the person without that person's
24         knowledge; or
25             (v) imminent discovery of the non-compliance by
26         the Agency;

 

 

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1         (4) that the non-compliance is being corrected and any
2     environmental harm is being remediated in a timely fashion;
3         (5) that the person agrees to prevent a recurrence of
4     the non-compliance;
5         (6) that no related non-compliance events have
6     occurred in the past 3 years at the same facility or in the
7     past 5 years as part of a pattern at multiple facilities
8     owned or operated by the person;
9         (7) that the non-compliance did not result in serious
10     actual harm or present an imminent and substantial
11     endangerment to human health or the environment or violate
12     the specific terms of any judicial or administrative order
13     or consent agreement;
14         (8) that the person cooperates as reasonably requested
15     by the Agency after the disclosure; and
16         (9) that the non-compliance was identified voluntarily
17     and not through a monitoring, sampling, or auditing
18     procedure that is required by statute, rule, permit,
19     judicial or administrative order, or consent agreement.
20     If a person can establish all of the elements under this
21 subsection except the element set forth in paragraph (1) of
22 this subsection, the person is entitled to a 75% reduction in
23 the portion of the penalty that is not based upon the economic
24 benefit of non-compliance.
25     (j) In addition to an other remedy or penalty that may
26 apply, whether civil or criminal, any person who violates

 

 

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1 Section 22.52 of this Act shall be liable for an additional
2 civil penalty of up to 3 times the gross amount of any
3 pecuniary gain resulting from the violation.
4 (Source: P.A. 95-331, eff. 8-21-07; 96-603, eff. 8-24-09;
5 96-737, eff. 8-25-09; revised 9-15-09.)
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.