Full Text of HB4172 95th General Assembly
HB4172ham001 95TH GENERAL ASSEMBLY
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Environment & Energy Committee
Filed: 3/5/2008
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| AMENDMENT TO HOUSE BILL 4172
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| AMENDMENT NO. ______. Amend House Bill 4172 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 3.135 as follows:
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| (415 ILCS 5/3.135) (was 415 ILCS 5/3.94)
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| Sec. 3.135. Coal combustion by-product; CCB.
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| (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.
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| (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 |
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| precast/prestressed components; asphalt or cementious | 2 |
| roofing products; plastic products including pipes and | 3 |
| fittings; paints
and metal alloys; kiln fired products | 4 |
| including bricks, blocks, and tiles; abrasive media; | 5 |
| gypsum wallboard; asphaltic concrete, or asphalt based | 6 |
| paving material. | 7 |
| (3) CCB used (A) in accordance with the Illinois | 8 |
| Department of Transportation ("IDOT") standard
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| specifications and subsection (a-5) of this Section or (B)
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| under the
approval of the Department of Transportation for | 11 |
| IDOT projects.
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| (4) Bottom ash used as antiskid material, athletic | 13 |
| tracks, or foot paths.
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| (5) Use in the
stabilization or modification of
soils | 15 |
| providing the CCB meets the IDOT
specifications for soil | 16 |
| modifiers.
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| (6) CCB used as a functionally equivalent substitute | 18 |
| for agricultural lime
as a soil conditioner.
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| (7) Bottom ash used in non-IDOT pavement sub-base or
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| base, pipe bedding, or foundation
backfill.
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| (8) Structural fill, when used in an engineered | 22 |
| application or combined
with cement, sand, or water to | 23 |
| produce a controlled strength fill material
and covered | 24 |
| with 12 inches of soil , within 30 days after the final | 25 |
| placement and completion of the structural fill project or | 26 |
| if the project becomes inactive for more than 90 days, |
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| unless infiltration is prevented by the
material itself or | 2 |
| other suitable cover material. CCB may be used under this | 3 |
| item (8) only if the structural fill is located no less | 4 |
| than 250 feet from any active or operating downgradient | 5 |
| well being used as a residential or municipal potable water | 6 |
| source. | 7 |
| Within 3 months after notification to the Agency under | 8 |
| item (C) of subsection (a-5) of this Section, the Agency | 9 |
| must inspect the structural fill project to ensure that the | 10 |
| cover requirements of this item (8) are satisfied for each | 11 |
| project involving the use of coal combustion waste as | 12 |
| structural fill.
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| (9) Mine subsidence, mine fire control, mine sealing, | 14 |
| and mine reclamation. | 15 |
| (a-5) Except to the extent that the uses are otherwise | 16 |
| authorized by law
without such restrictions, the uses specified | 17 |
| in items (a)(3)(A) and (a)(7) through (9) shall be subject to | 18 |
| the
following conditions:
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| (A) CCB shall not have been mixed with hazardous waste | 20 |
| prior to use.
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| (B) CCB shall not exceed Class I Groundwater Standards | 22 |
| for
metals when
tested utilizing test method ASTM D3987-85. | 23 |
| The sample or samples tested shall be representative of the | 24 |
| CCB being considered for use.
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| (C) Unless otherwise exempted, users of CCB for the | 26 |
| purposes described in items (a)(3)(A) and (a)(7) through |
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| (9) of this Section shall provide notification
to the | 2 |
| Agency for each project utilizing CCB documenting the | 3 |
| quantity of CCB
utilized and certification of compliance | 4 |
| with conditions (A) and (B) of this subsection.
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| Notification shall not be required for users of CCB for | 6 |
| purposes described in items (a)(1), (a)(2), (a)(3)(B), | 7 |
| (a)(4), (a)(5) and (a)(6) of this Section, or as required | 8 |
| specifically under a beneficial use determination as | 9 |
| provided under this Section, or pavement base, parking lot | 10 |
| base, or
building base projects utilizing less than 10,000 | 11 |
| tons, flowable fill/grout
projects utilizing less than | 12 |
| 1,000 cubic yards or other applications utilizing
less than | 13 |
| 100 tons.
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| (D) Fly ash shall be managed in a manner that minimizes | 15 |
| the generation
of airborne particles and dust using | 16 |
| techniques such as moisture conditioning,
granulating, | 17 |
| inground application, or other demonstrated method.
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| (E) CCB is not to be accumulated speculatively. CCB is | 19 |
| not accumulated
speculatively if during the calendar year, | 20 |
| the CCB used is equal to 75% of the
CCB by weight or volume | 21 |
| accumulated at the beginning of the period.
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| (F) CCB shall include any prescribed mixture of fly | 23 |
| ash, bottom ash, boiler slag, flue gas desulfurization | 24 |
| scrubber sludge, fluidized bed combustion ash, and stoker | 25 |
| boiler ash and shall be tested as intended for use.
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| (b) To encourage and promote the utilization of CCB in |
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| productive and beneficial
applications, upon request by the | 2 |
| applicant, the Agency shall make a written beneficial use | 3 |
| determination that coal-combustion
waste is CCB when used in a | 4 |
| manner other than those uses specified in subsection (a) of | 5 |
| this Section if the applicant demonstrates that use of the | 6 |
| coal-combustion waste satisfies all of the following criteria: | 7 |
| the use will not cause, threaten, or allow the discharge of any | 8 |
| contaminant into the environment; the use will otherwise | 9 |
| protect human health and safety and the environment; and the | 10 |
| use constitutes a legitimate use of the coal-combustion waste | 11 |
| as an ingredient or raw material that is an effective | 12 |
| substitute for an analogous ingredient or raw material.
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| Notwithstanding the criteria set forth in this subsection | 14 |
| (b), the The Agency's beneficial use determinations may allow | 15 |
| the uses set forth in items (a)(3)(A) and (a)(7) through (9) of | 16 |
| this Section without the CCB being subject to the restrictions | 17 |
| set forth in subdivisions (a-5)(B) and (a-5)(E) of this | 18 |
| Section.
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| Within 90 days after the receipt of an application for a | 20 |
| beneficial use determination under this subsection (b), the | 21 |
| Agency shall, in writing, approve, disapprove, or approve with | 22 |
| conditions the beneficial use. Any disapproval or approval with | 23 |
| conditions shall include the Agency's reasons for the | 24 |
| disapproval or conditions. Failure of the Agency to issue a | 25 |
| decision within 90 days shall constitute disapproval of the | 26 |
| beneficial use request. These beneficial use determinations |
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| are subject to review under Section 40 of this Act.
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| Any approval of a beneficial use under this subsection (b) | 3 |
| shall become effective upon the date of the Agency's written | 4 |
| decision and remain in effect for a period of 5 years. If an | 5 |
| applicant desires to continue a beneficial use after the | 6 |
| expiration of the 5-year period, the applicant must submit an | 7 |
| application for renewal no later than 90 days prior to the | 8 |
| expiration. The beneficial use approval shall be automatically | 9 |
| extended unless denied by the Agency in writing with the | 10 |
| Agency's reasons for disapproval, or unless the Agency has | 11 |
| requested an extension for review, in which case the use will | 12 |
| continue to be allowed until an Agency determination is made. | 13 |
| Coal-combustion waste for which a beneficial use is | 14 |
| approved pursuant to this subsection (b) shall be considered | 15 |
| CCB during the effective period of the approval, and the | 16 |
| continued approval upon renewal may not be denied by the Agency | 17 |
| as long as it is used in accordance with the approval and any | 18 |
| conditions. Any determination under this subsection (b) is | 19 |
| subject to review under Section 40 of this Act. | 20 |
| Notwithstanding the other provisions of this subsection | 21 |
| (b), written beneficial use determination applications for the | 22 |
| use of CCB at sites governed by the federal Surface Mining | 23 |
| Control and Reclamation Act of 1977 (P.L. 95-87) or the rules | 24 |
| and regulations thereunder, or by any law or rule or regulation | 25 |
| adopted by the State of Illinois pursuant thereto, shall be | 26 |
| reviewed and approved by the Office of Mines and Minerals |
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| within the Department of Natural Resources pursuant to 62 Ill. | 2 |
| Adm. Code §§ 1700-1850. Further, appeals of those | 3 |
| determinations shall be made pursuant to the Illinois | 4 |
| Administrative Review Law.
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| The Board shall adopt rules establishing standards and | 6 |
| procedures for the Agency's issuance of beneficial use | 7 |
| determinations under this subsection (b). The Board rules may | 8 |
| also, but are not required to, include standards and procedures | 9 |
| for the revocation of the beneficial use determinations. Prior | 10 |
| to the effective date of Board rules adopted under this | 11 |
| subsection (b), the Agency is authorized to make beneficial use | 12 |
| determinations in accordance with this subsection (b). No later | 13 |
| than January 31, 2009, the Governor, in coordination with the | 14 |
| Agency and the Board, must propose rules concerning the use of | 15 |
| CCB under item (8) of subsection (a). These proposed rules must | 16 |
| include specific guidelines for the use of CCB as structural | 17 |
| fill and a site-approval process. Agency approval, however, is | 18 |
| not required for structural fill projects if that project uses | 19 |
| less than 10,000 tons of CCB material or if the fill material | 20 |
| meets the ASTM D3987-85 standards for Class 1 Groundwater. The | 21 |
| proposed rules for a site-approval process must include, along | 22 |
| with other permits that may be required, (i) specific | 23 |
| timeframes for Agency approval and (ii) informal consultation | 24 |
| with the Department of Natural Resources on whether the | 25 |
| structural fill project will harm any endangered species. | 26 |
| Notwithstanding any other rulemaking authority that may exist, |
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| neither the Governor nor any agency or agency head under the | 2 |
| jurisdiction of the Governor has any authority to make or | 3 |
| promulgate rules to implement or enforce the provisions of this | 4 |
| amendatory Act of the 95th General Assembly. The Governor shall | 5 |
| propose rules to the General Assembly by filing them with the | 6 |
| Clerk of the House and the Secretary of the Senate and by | 7 |
| requesting that the General Assembly authorize such rulemaking | 8 |
| by law, enact those proposed rules into law, or take any other | 9 |
| appropriate action in the General Assembly's discretion. | 10 |
| Nothing contained in this amendatory Act of the 95th General | 11 |
| Assembly shall be interpreted to grant rulemaking authority | 12 |
| under any other Illinois statute where such authority is not | 13 |
| otherwise explicitly given. For the purposes of this paragraph, | 14 |
| "rules" is given the meaning contained in Section 1-70 of the | 15 |
| Illinois Administrative Procedure Act, and "agency" and | 16 |
| "agency head" are given the meanings contained in Sections 1-20 | 17 |
| and 1-25 of the Illinois Administrative Procedure Act to the | 18 |
| extent that such definitions apply to agencies or agency heads | 19 |
| under the jurisdiction of the Governor. | 20 |
| The Agency is authorized to prepare and distribute guidance | 21 |
| documents relating to its administration of this Section. | 22 |
| Guidance documents prepared under this subsection are not rules | 23 |
| for the purposes of the Illinois Administrative Procedure Act.
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| (c) In addition to the other penalties and remedies | 25 |
| provided in this Act, any person harmed by a violation of item | 26 |
| (8) of subsection (a) of this Section may bring a civil action |
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| in the circuit court of the county of that person's residence | 2 |
| for damages or other appropriate legal or equitable remedies | 3 |
| against the violator. | 4 |
| (Source: P.A. 94-66, eff. 1-1-06.)".
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