Illinois General Assembly - Full Text of HB4172
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Full Text of HB4172  95th General Assembly



State of Illinois
2007 and 2008


Introduced , by Rep. William B. Black


415 ILCS 5/3.135   was 415 ILCS 5/3.94

    Amends the Environmental Protection Act. In a Section defining "coal combustion by-product" (CCB), provides that coal combustion waste must be covered with 12 inches of soil, within 30 days after deposit of the coal combustion waste, before it may be considered as CCB. Provides that coal combustion waste may be used as CCB only if the structural fill is located no less than 500 feet from any residence and any well being used as a residential water source. Provides for Agency inspection of structural fill CCB projects. Provides that the Agency must adopt rules concerning the use of coal combustion waste and sets out requirements for those rules. Provides a cause of action for persons harmed by the violation of that provision.

LRB095 14143 CMK 40004 b






HB4172 LRB095 14143 CMK 40004 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 Section 3.135 as follows:
6     (415 ILCS 5/3.135)  (was 415 ILCS 5/3.94)
7     Sec. 3.135. Coal combustion by-product; CCB.
8     (a) "Coal combustion by-product" (CCB) means coal
9 combustion waste when used beneficially in any of the following
10 ways:
11         (1) The extraction or recovery of material compounds
12     contained within CCB.
13         (2) The use of CCB as a raw ingredient or mineral
14     filler in the manufacture of the following commercial
15     products: cement; concrete and concrete mortars;
16     cementious products including block, pipe and
17     precast/prestressed components; asphalt or cementious
18     roofing products; plastic products including pipes and
19     fittings; paints and metal alloys; kiln fired products
20     including bricks, blocks, and tiles; abrasive media;
21     gypsum wallboard; asphaltic concrete, or asphalt based
22     paving material.
23         (3) CCB used (A) in accordance with the Illinois



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1     Department of Transportation ("IDOT") standard
2     specifications and subsection (a-5) of this Section or (B)
3     under the approval of the Department of Transportation for
4     IDOT projects.
5         (4) Bottom ash used as antiskid material, athletic
6     tracks, or foot paths.
7         (5) Use in the stabilization or modification of soils
8     providing the CCB meets the IDOT specifications for soil
9     modifiers.
10         (6) CCB used as a functionally equivalent substitute
11     for agricultural lime as a soil conditioner.
12         (7) Bottom ash used in non-IDOT pavement sub-base or
13     base, pipe bedding, or foundation backfill.
14         (8) Structural fill, when used in an engineered
15     application or combined with cement, sand, or water to
16     produce a controlled strength fill material and covered
17     with 12 inches of soil, within 30 days after deposit of the
18     coal combustion waste, unless infiltration is prevented by
19     the material itself or other cover material. Coal
20     combustion waste may be used as CCB under this item (8)
21     only if the structural fill is located no less than 500
22     feet from any residence and any well being used as a
23     residential water source.
24         Within 3 months after notification to the Agency under
25     item (C) of subsection (a-5) of this Section, the Agency
26     must inspect the structural fill project to ensure that the



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1     cover requirements of this item (8) are satisfied for each
2     project involving the use of coal combustion waste as
3     structural fill.
4         (9) Mine subsidence, mine fire control, mine sealing,
5     and mine reclamation.
6     (a-5) Except to the extent that the uses are otherwise
7 authorized by law without such restrictions, the uses specified
8 in items (a)(3)(A) and (a)(7) through (9) shall be subject to
9 the following conditions:
10         (A) CCB shall not have been mixed with hazardous waste
11     prior to use.
12         (B) CCB shall not exceed Class I Groundwater Standards
13     for metals when tested utilizing test method ASTM D3987-85.
14     The sample or samples tested shall be representative of the
15     CCB being considered for use.
16         (C) Unless otherwise exempted, users of CCB for the
17     purposes described in items (a)(3)(A) and (a)(7) through
18     (9) of this Section shall provide notification to the
19     Agency for each project utilizing CCB documenting the
20     quantity of CCB utilized and certification of compliance
21     with conditions (A) and (B) of this subsection.
22     Notification shall not be required for users of CCB for
23     purposes described in items (a)(1), (a)(2), (a)(3)(B),
24     (a)(4), (a)(5) and (a)(6) of this Section, or as required
25     specifically under a beneficial use determination as
26     provided under this Section, or pavement base, parking lot



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1     base, or building base projects utilizing less than 10,000
2     tons, flowable fill/grout projects utilizing less than
3     1,000 cubic yards or other applications utilizing less than
4     100 tons.
5         (D) Fly ash shall be managed in a manner that minimizes
6     the generation of airborne particles and dust using
7     techniques such as moisture conditioning, granulating,
8     inground application, or other demonstrated method.
9         (E) CCB is not to be accumulated speculatively. CCB is
10     not accumulated speculatively if during the calendar year,
11     the CCB used is equal to 75% of the CCB by weight or volume
12     accumulated at the beginning of the period.
13         (F) CCB shall include any prescribed mixture of fly
14     ash, bottom ash, boiler slag, flue gas desulfurization
15     scrubber sludge, fluidized bed combustion ash, and stoker
16     boiler ash and shall be tested as intended for use.
17     (b) To encourage and promote the utilization of CCB in
18 productive and beneficial applications, upon request by the
19 applicant, the Agency shall make a written beneficial use
20 determination that coal-combustion waste is CCB when used in a
21 manner other than those uses specified in subsection (a) of
22 this Section if the applicant demonstrates that use of the
23 coal-combustion waste satisfies all of the following criteria:
24 the use will not cause, threaten, or allow the discharge of any
25 contaminant into the environment; the use will otherwise
26 protect human health and safety and the environment; and the



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1 use constitutes a legitimate use of the coal-combustion waste
2 as an ingredient or raw material that is an effective
3 substitute for an analogous ingredient or raw material.
4     The Agency's beneficial use determinations may allow the
5 uses set forth in items (a)(3)(A) and (a)(7) through (9) of
6 this Section without the CCB being subject to the restrictions
7 set forth in subdivisions (a-5)(B) and (a-5)(E) of this
8 Section.
9     Within 90 days after the receipt of an application for a
10 beneficial use determination under this subsection (b), the
11 Agency shall, in writing, approve, disapprove, or approve with
12 conditions the beneficial use. Any disapproval or approval with
13 conditions shall include the Agency's reasons for the
14 disapproval or conditions. Failure of the Agency to issue a
15 decision within 90 days shall constitute disapproval of the
16 beneficial use request. These beneficial use determinations
17 are subject to review under Section 40 of this Act.
18     Any approval of a beneficial use under this subsection (b)
19 shall become effective upon the date of the Agency's written
20 decision and remain in effect for a period of 5 years. If an
21 applicant desires to continue a beneficial use after the
22 expiration of the 5-year period, the applicant must submit an
23 application for renewal no later than 90 days prior to the
24 expiration. The beneficial use approval shall be automatically
25 extended unless denied by the Agency in writing with the
26 Agency's reasons for disapproval, or unless the Agency has



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1 requested an extension for review, in which case the use will
2 continue to be allowed until an Agency determination is made.
3     Coal-combustion waste for which a beneficial use is
4 approved pursuant to this subsection (b) shall be considered
5 CCB during the effective period of the approval, as long as it
6 is used in accordance with the approval and any conditions.
7     Notwithstanding the other provisions of this subsection
8 (b), written beneficial use determination applications for the
9 use of CCB at sites governed by the federal Surface Mining
10 Control and Reclamation Act of 1977 (P.L. 95-87) or the rules
11 and regulations thereunder, or by any law or rule or regulation
12 adopted by the State of Illinois pursuant thereto, shall be
13 reviewed and approved by the Office of Mines and Minerals
14 within the Department of Natural Resources pursuant to 62 Ill.
15 Adm. Code §§ 1700-1850. Further, appeals of those
16 determinations shall be made pursuant to the Illinois
17 Administrative Review Law.
18     The Board shall adopt rules establishing standards and
19 procedures for the Agency's issuance of beneficial use
20 determinations under this subsection (b). The Board rules may
21 also, but are not required to, include standards and procedures
22 for the revocation of the beneficial use determinations. Prior
23 to the effective date of Board rules adopted under this
24 subsection (b), the Agency is authorized to make beneficial use
25 determinations in accordance with this subsection (b).
26     The Agency is authorized to prepare and distribute guidance



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1 documents relating to its administration of this Section.
2 Guidance documents prepared under this subsection are not rules
3 for the purposes of the Illinois Administrative Procedure Act.
4     The Agency must adopt rules concerning the use of coal
5 combustion waste under item (8) of subsection (a). The rules
6 must include specific guidelines detailing the use of coal
7 combustion waste as structural fill and a site approval process
8 for all uses of CCB as structural fill. The site approval
9 process must include (i) an opportunity for public comment and
10 (ii) input from the Department of Natural Resources on whether
11 the structural fill project will effect any endangered species.
12     (c) In addition to the other penalties and remedies
13 provided in this Act, any person harmed by a violation of item
14 (8) of subsection (a) of this Section may bring a civil action
15 in the circuit court of the county of that person's residence
16 for damages or other appropriate legal or equitable remedies
17 against the violator.
18 (Source: P.A. 94-66, eff. 1-1-06.)