SB2285 96TH GENERAL ASSEMBLY

LRB096 11216 JDS 21617 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2285

Introduced 2/20/2009, by Sen. Don Harmon

SYNOPSIS AS INTRODUCED:

415 ILCS 5/22.51a new

Amends the Environmental Protection Act. Provides that urban soil and urban clean construction or demolition debris taken to a clean construction or demolition debris fill operation is not waste. Defines "urban soil" as soil that is excavated and removed from sites within the boundaries of a municipality with a population in excess of 1 million and that has not been the subject of a release of contaminants but may nonetheless contain contaminants due to certain causes. Defines "urban clean construction or demolition debris" as specified paving materials that are excavated from a construction or demolition site within the corporate boundaries of a municipality having a population in excess of 1,000,000. Requires the owner of a site from which urban soil only is removed, prior to authorizing the transfer of that soil, to perform or cause to be performed (i) a Phase I Environmental Audit or an historical or regulatory database search, such as that set forth in the Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (ASTM E 1528-06), (ii) a Phase II Environmental Audit (under some circumstances), and (iii) testing of representative samples of the soil using specific methods. Requires the owner to certify certain information to the clean construction or demolition debris fill operator. Requires fill operations that accept urban soil to develop and implement a Receipt Control and Screening Plan that ensures the receipt of certification documents. Authorizes the Agency to propose to the Board, and the Board to adopt certain rules. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Environmental Protection Act is amended by adding Section 22.51a as follows:

(415 ILCS 5/22.51a new)

Sec. 22.51a. Urban Soil and Urban Clean Construction or Demolition Debris; Clean Construction or Demolition Debris Fill Operations.

(a) This Section applies to urban soil and urban clean construction or demolition debris utilized as fill at a clean construction or demolition debris fill operation. Notwithstanding any other provisions of the Act, urban soil and urban clean construction or demolition debris may be used as fill at a clean construction or demolition debris fill operation as provided in this Section. Urban soil used consistently with this Section is not a waste and such use is not a violation of the Act. This Section shall not restrict the reuse of soil, clean construction or demolition debris, or other material as otherwise allowed by law.

(b) For purposes of this Section, the following definitions apply:

"Clean construction or demolition debris fill operation" means a former quarry, mine, or other excavation permitted by Section 22.51. "Other excavation" does not include holes, trenches, or similar earth removal created as part of normal construction, removal, or maintenance of a structure, utility, or transportation infrastructure.

"Owner" means the owner of the site from which the urban soil or urban clean construction or demolition debris was removed.

"Urban clean construction or demolition debris" means (i) broken concrete without protruding metal bars, bricks, rock, stone, reclaimed or other asphalt pavement or (ii) urban soil that has been excavated from a construction or demolition site within the corporate boundaries of a municipality having a population in excess of 1,000,000.

"Urban soil" means soil (i) that is excavated from a construction or demolition site within the corporate boundaries of a municipality having a population in excess of 1,000,000 and (ii) that has not been the subject of a release of regulated substances, but may nonetheless contain background levels of regulated substances due to natural or anthropogenic causes, including but not limited to urban dust, vehicle emissions, and the Great Chicago Fire of 1871.

(c) Prior to authorizing the transfer of urban soil to a clean construction or demolition debris fill operation, the owner shall:

(1) perform, or cause to be performed, a Phase I Environmental Audit at the site in accordance with Section 22.2 of the Act or an historical or regulatory database search, such as that set forth in the Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (ASTM E 1528-06);

(2) perform, or cause to be performed, a Phase II environmental audit, conducted in accordance with Section 22.2 of this Act, if the initial environmental site assessment, conducted under item (1) of subsection (c) of this Section disclosed the presence or likely presence of a release or a substantial threat of a release of a regulated substance at, on, to, or from the real property;

(3) perform, or cause to be performed, testing of representative samples of the soil in accordance with the requirements of the Tiered Approach to Corrective Action Objective (TACO) Program (35 Ill. Adm. Code 742) and "Test Methods for Evaluating Soil Waste Physical/Chemical Methods" USEPA Publication No. SW-846, as amended, using Method 1312, the Synthetic Precipitation Leaching Procedure (SPLP). Urban fill soil shall be tested for Polynuclear Aromatics and Metals listed in 35 Ill. Adm. Code 732, Table A, and for any other constituents of concern identified in the site investigation.

(d) The owner shall provide a certification to the clean construction or demolition debris fill operator which shall document the following:

(1) the name, address and contact information for the owner or his authorized representative;

(2) the specific location of the site and portions of the site from which the soil was removed;

(3) a certification, signed by a licensed professional engineer or other environmental professional, certifying that:

(i) the urban soil does not exceed the Tiered Approach to Corrective Action Objective (TACO) Class I Groundwater Concentrations found in Table F, 35 Ill. Adm. Code 742, Appendix B, as amended; and

(ii) the urban soil or urban clean construction or demolition debris was not removed from any portions of a site impacted by a release of a regulated substance and that the urban soil or urban clean construction was not removed as a part of the cleanup or removal of contaminants on the basis of activities conducted under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; RCRA Closure or Corrective Action; the Leaking Underground Storage Tank Program; or the Dry Cleaning Program.

(e) Copies of the certification required in subsection (d) of this Section and documentation that the soil meets the definition of "urban soil" shall be maintained by the owner of the excavated soil site for a period of 3 years, or as otherwise required by Board rule, and shall be available for inspection by the Agency.

(f) Any testing under this Section shall be conducted in accordance with the requirements of the Tiered Approach to Corrective Action Objective (TACO) Program (35 Ill. Adm. Code 742) and "Test Methods for Evaluating Soil Waste Physical/Chemical Methods" USEPA Publication No. SW-846, as amended, using Method 1312, the Synthetic Precipitation Leaching Procedure (SPLP). Urban fill soil shall be tested for Polynuclear Aromatics and Metals listed in 35 Ill. Adm. Code 732, Table A.

(g) In addition to the requirements of Section 22.51 and regulations adopted under its authority, clean construction or demolition fill operations that accept urban soil and urban clean construction or demolition debris must also develop and implement a Receipt Control and Screening Plan that ensures the receipt of certification documents provided by the owner of the site as required in subsection (d) of this Section.

(h) The Agency may propose to the Board, and the Board may adopt, rules to further implement this Section, including additional procedures, standards, and permit requirements applicable to owners and operators of clean construction or demolition debris fill operations who accept urban fill soil. Those additional permit requirements may include, but are not limited to, land use restrictions, performance bonds, closure and post-closure requirements, and analytical sampling requirements applicable to the fill site.

Section 99. Effective date. This Act takes effect upon becoming law.