Full Text of HB5094 93rd General Assembly
HB5094sam003 93RD GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 5/6/2004
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09300HB5094sam003 |
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| AMENDMENT TO HOUSE BILL 5094
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| AMENDMENT NO. ______. Amend House Bill 5094, AS AMENDED, | 3 |
| with reference to page and line numbers of House Amendment No. | 4 |
| 1, as follows:
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| on page 1, line 5, by changing "3.135" to "3.135, 3.160,"; and | 6 |
| on page 5, immediately below line 11, by inserting the | 7 |
| following:
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| "(415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
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| Sec. 3.160. Construction or demolition debris.
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| (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 | 17 |
| fixtures; non-asbestos insulation;
roofing shingles and other | 18 |
| roof coverings; reclaimed asphalt pavement; glass;
plastics | 19 |
| that are not sealed in a manner that conceals waste; electrical
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| wiring and components containing no hazardous substances; and | 21 |
| piping or metals
incidental to any of those materials.
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| General construction or demolition debris does not include | 23 |
| uncontaminated
soil generated during construction, remodeling, |
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| 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.
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| (b) "Clean construction or demolition debris" means
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| uncontaminated broken concrete without protruding metal bars | 6 |
| or, except in Cook County, with metal bars that do not protrude | 7 |
| more than 2 feet , bricks, rock,
stone, reclaimed asphalt | 8 |
| pavement, or soil generated from construction or
demolition | 9 |
| activities.
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| Clean construction or demolition debris does not include | 11 |
| uncontaminated soil
generated during construction, remodeling, | 12 |
| repair, and demolition of utilities,
structures, and roads | 13 |
| provided the uncontaminated soil is not commingled with
any | 14 |
| clean construction or demolition debris or other waste.
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| To the extent allowed by federal law, clean construction or | 16 |
| demolition debris
shall not be considered "waste" if it is (i) | 17 |
| used as fill material outside of a setback zone if the fill is | 18 |
| placed no higher than the
highest point of elevation existing | 19 |
| prior to the filling immediately adjacent
to the fill area, and | 20 |
| if covered by sufficient uncontaminated soil to
support | 21 |
| vegetation within 30 days of the completion of filling or if | 22 |
| covered
by a road or structure, or (ii) separated or processed | 23 |
| and returned to the
economic mainstream in the form of raw | 24 |
| materials or products, if it is not
speculatively accumulated | 25 |
| and, if used as a fill material, it is used in
accordance with | 26 |
| item (i) within 30 days of its generation, or (iii) solely
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| broken concrete without protruding metal bars used for erosion | 28 |
| control, or
(iv) generated from the construction or demolition | 29 |
| of a building, road, or
other structure and used to construct, | 30 |
| on the site where the construction or
demolition has taken | 31 |
| place, a manmade
functional structure not to exceed 20 feet | 32 |
| above the highest point of
elevation of the property | 33 |
| immediately adjacent to the new manmade functional
structure as | 34 |
| that elevation existed prior to the creation of that new
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LRB093 18656 BDD 50678 a |
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| structure,
provided that the structure shall be covered with | 2 |
| sufficient soil
materials to sustain vegetation or by a road or | 3 |
| structure, and further
provided that no such structure shall be | 4 |
| constructed within
a home rule municipality with a population | 5 |
| over 500,000 without the consent
of the municipality.
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| (Source: P.A. 92-574, eff. 6-26-02; 93-179, eff. 7-11-03.)"; | 7 |
| and
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| on page 24, immediately below line 4, by inserting the | 9 |
| following: | 10 |
| "Section 99. Effective date. This Section and the | 11 |
| provisions changing Section 3.160 of the Environmental | 12 |
| Protection Act take effect upon becoming law.".
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