Illinois General Assembly - Full Text of HB4007
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Full Text of HB4007  99th General Assembly




HB4007 EnrolledLRB099 08971 MGM 29146 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing Section 22.54 as follows:
6    (415 ILCS 5/22.54)
7    Sec. 22.54. Beneficial Use Determinations. The purpose of
8this Section is to allow the Agency to determine that a
9material otherwise required to be managed as waste may be
10managed as non-waste if that material is used beneficially and
11in a manner that is protective of human health and the
13    (a) To the extent allowed by federal law, the Agency may,
14upon the request of an applicant, make a written determination
15that a material is used beneficially (rather than discarded)
16and, therefore, not a waste if the applicant demonstrates all
17of the following:
18        (1) The chemical and physical properties of the
19    material are comparable to similar commercially available
20    materials.
21        (2) The market demand for the material is such that all
22    of the following requirements are met:
23            (A) The material will be used within a reasonable



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



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1                (iii) The material replaces a catalyst or
2            carrier to produce a legitimate end product.
3            The applicant's demonstration under this paragraph
4        (B) of item (3) of subsection (a) of this Section must
5        include, but is not limited to, a description of the
6        use of the material, a description of the use of the
7        legitimate end product, and a demonstration that the
8        use of the material is comparable to the use of similar
9        commercially available products.
10            (C) The applicant demonstrates all of the
11        following:
12                (i) The material is used under paragraph (B) of
13            item (3) of subsection (a) of this Section within a
14            reasonable time.
15                (ii) The material's storage prior to use is
16            minimized.
17                (iii) The material is not abandoned.
18        (4) The management and use of the material will not
19    cause, threaten, or allow the release of any contaminant
20    into the environment, except as authorized by law.
21        (5) The management and use of the material otherwise
22    protects human health and safety and the environment.
23    (b) Applications for beneficial use determinations must be
24submitted on forms and in a format prescribed by the Agency.
25Agency approval, approval with conditions, or disapproval of an
26application for a beneficial use determination must be in



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



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1to the land, potentially infectious medical waste, or used oil.
2    (g) This Section does not apply to material that is burned
3for energy recovery, that is used to produce a fuel, or that is
4otherwise contained in a fuel. The prohibition in this
5subsection (g) does not apply to any dust suppressants applied
6to a material that is (i) burned for energy recovery, (ii) used
7to produce a fuel, or (iii) otherwise contained in a fuel.
8    (h) This Section does not apply to waste from the steel and
9foundry industries that is (i) classified as beneficially
10usable waste under Board rules and (ii) beneficially used in
11accordance with Board rules governing the management of
12beneficially usable waste from the steel and foundry
13industries. This Section does apply to other beneficial uses of
14waste from the steel and foundry industries, including, but not
15limited to, waste that is classified as beneficially usable
16waste but not used in accordance with the Board's rules
17governing the management of beneficially usable waste from the
18steel and foundry industries. No person shall use iron slags,
19steelmaking slags, or foundry sands for land reclamation
20purposes unless they have obtained a beneficial use
21determination for such use under this Section.
22    (i) For purposes of this Section, the term "commercially
23available material" means virgin material that (i) meets
24industry standards for a specific use and (ii) is normally sold
25for such use. For purposes of this Section, the term
26"commercially available product" means a product made of virgin



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1material that (i) meets industry standards for a specific use
2and (ii) is normally sold for such use.
3    (j) Before issuing a beneficial use determination for the
4beneficial use of asphalt shingles, the Agency shall conduct an
5evaluation of the applicant's prior experience in asphalt
6shingle recycling operations. The Agency may deny such a
7beneficial use determination if the applicant, or any employee
8or officer of the applicant, has a history of any one or more
9of the following related to the operation of asphalt shingle
10recycling operation facilities or sites:
11        (1) repeated violations of federal, State, or local
12    laws, rules, regulations, standards, or ordinances;
13        (2) conviction in a court of this State or another
14    state of any crime that is a felony under the laws of this
15    State;
16        (3) conviction in a federal court of any crime that is
17    a felony under federal law;
18        (4) conviction in a court of this State or another
19    state, or in a federal court, of forgery, official
20    misconduct, bribery, perjury, or knowingly submitting
21    false information under any environmental law, rule,
22    regulation, or permit term or condition; or
23        (5) gross carelessness or incompetence in the
24    handling, storing, processing, transporting, disposing, or
25    recycling of asphalt shingles.
26(Source: P.A. 98-296, eff. 1-1-14.)