HB4622ham001 95TH GENERAL ASSEMBLY

Environment & Energy Committee

Filed: 3/12/2008

09500HB4622ham001 LRB095 17011 BDD 47491 a

AMENDMENT TO HOUSE BILL 4622

AMENDMENT NO. ______. Amend House Bill 4622 by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Protection Act is amended by changing Section 22.38 as follows:

(415 ILCS 5/22.38)

Sec. 22.38. Facilities accepting exclusively general construction or demolition debris for transfer, storage, or treatment.

(a) Facilities accepting exclusively general construction or demolition debris for transfer, storage, or treatment shall be subject to local zoning, ordinance, and land use requirements. Those facilities shall be located in accordance with local zoning requirements or, in the absence of local zoning requirements, shall be located so that no part of the facility boundary is closer than 1,320 feet from the nearest property zoned for primarily residential use.

(b) An owner or operator of a facility accepting exclusively general construction or demolition debris for transfer, storage, or treatment shall:

(1) within 48 hours of receipt of the general construction or demolition debris at the facility, sort the general construction or demolition debris to separate the recyclable general construction or demolition debris from non-recyclable general construction or demolition debris to be disposed of or discarded;

(2) transport off site for disposal all non-recyclable general construction or demolition debris in accordance with all applicable federal, State, and local requirements within 72 hours of its receipt at the facility;

(3) limit the percentage of incoming non-recyclable general construction or demolition debris to 25% or less of the total incoming general construction or demolition debris, as calculated on a daily basis;

(4) transport all non-putrescible recyclable general construction or demolition debris for recycling or disposal within 6 months of its receipt at the facility;

(5) transport all putrescible or combustible recyclable general construction or demolition debris for recycling or disposal within 45 days of its receipt at the facility;

(6) employ tagging and recordkeeping procedures to (i) demonstrate compliance with this Section and (ii) identify the source and transporter of material accepted by the facility;

(7) control odor, noise, combustion of materials, disease vectors, dust, and litter;

(8) control, manage, and dispose of any storm water runoff and leachate generated at the facility in accordance with applicable federal, State, and local requirements;

(9) control access to the facility;

(10) comply with all applicable federal, State, or local requirements for the handling, storage, transportation, or disposal of asbestos-containing material or other material accepted at the facility that is not general construction or demolition debris; and

(11) submit to the Agency at least 30 days prior to the initial acceptance of general construction or demolition debris at the facility, on forms provided by the Agency, the following information:

(A) the name, address, and telephone number of both the facility owner and operator;

(B) the street address and location of the facility;

(C) a description of facility operations;

(D) a description of the tagging and recordkeeping procedures the facility will employ to (i) demonstrate compliance with this Section and (ii) identify the source and transporter of any material accepted by the facility;

(E) the name and location of the disposal site to be used for the transportation and disposal of non-recyclable materials accepted at the facility;

(F) the name and location of an individual, facility, or business to which recyclable materials will be transported; and

(G) other information as specified on the form provided by the Agency.

When any of the information contained or processes described in the initial notification form submitted to the Agency changes, the owner and operator shall submit an updated form within 14 days of the change.

(c) For purposes of this Section, the term "recyclable general construction or demolition debris" means general construction or demolition debris that has been rendered reusable and is reused or that would otherwise be disposed of or discarded but is collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products. "Recyclable general construction or demolition debris" does not include general construction or demolition debris processed for use as fuel, incinerated, burned, buried, or otherwise used as fill material. "Recyclable general construction or demolition debris" does, however, include wood that is salvaged from general construction or demotion debris and that is processed for use as fuel if the requirements for the acceptance and combustion of the wood fuel are included in a fuel specification that is approved for the combustor in a permit issued by the Agency and if:

(1) the processing of salvaged wood into wood fuel in accordance with applicable permit requirements removes all foreign materials (including, without limitation, electrical wiring, metal and plastic objects, brick, stone, insulation, cardboard, and paper) and contaminated wood (including, without limitation, preserved wood, painted wood, laminated wood, particle board, and chemical-stained or oil-stained wood); or

(2) the wood salvaged for processing into wood fuel in accordance with applicable permit requirements and that has not had all foreign materials and contaminated wood removed is supplied only to intermediaries or end-users that have obtained all necessary waste management and air permits for handling and combustion of the wood fuel.

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this subsection, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

(d) For purposes of this Section, "treatment" means processing designed to alter the physical nature of the general construction or demolition debris, including but not limited to size reduction, crushing, grinding, or homogenization, but does not include processing designed to change the chemical nature of the general construction or demolition debris.

(Source: P.A. 90-475, eff. 8-17-97.)

Section 10. The Illinois Solid Waste Management Act is amended by changing Section 2.1 as follows:

(415 ILCS 20/2.1) (from Ch. 111 1/2, par. 7052.1)

Sec. 2.1. Definitions. When used in this Act, unless the context otherwise requires, the following terms have the meanings ascribed to them in this Section:

"Department", when a particular entity is not specified, means (i) in the case of a function to be performed on or after July 1, 1995 (the effective date of the Department of Natural Resources Act), the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), as successor to the former Department of Energy and Natural Resources under the Department of Natural Resources Act; or (ii) in the case of a function required to be performed before July 1, 1995, the former Illinois Department of Energy and Natural Resources.

"Deinked stock" means paper that has been processed to remove inks, clays, coatings, binders and other contaminants.

"End product" means only those items that are designed to be used until disposal; items designed to be used in production of a subsequent item are excluded.

"High grade printing and writing papers" includes offset printing paper, duplicator paper, writing paper (stationery), office paper, note pads, xerographic paper, envelopes, form bond including computer paper and carbonless forms, book papers, bond papers, ledger paper, book stock and cotton fiber papers.

"Paper and paper products" means high grade printing and writing papers, tissue products, newsprint, unbleached packaging and recycled paperboard.

"Postconsumer material" means only those products generated by a business or consumer which have served their intended end uses, and which have been separated or diverted from solid waste; wastes generated during production of an end product are excluded.

"Recovered paper material" means paper waste generated after the completion of the papermaking process, such as postconsumer materials, envelope cuttings, bindery trimmings, printing waste, cutting and other converting waste, butt rolls, and mill wrappers, obsolete inventories, and rejected unused stock. "Recovered paper material", however, does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls (mill broke), or fibrous byproducts of harvesting, extraction or woodcutting processes, or forest residues such as bark.

"Recycled paperboard" includes recycled paperboard products, folding cartons and pad backing.

"Recycling" means the process by which solid waste is collected, separated and processed for reuse as either a raw material or a product which itself is subject to recycling, but does not include the combustion of waste for energy recovery or volume reduction. "Recycling," however, does include the combustion of wood or other biomass fuel for energy recovery if the requirements for acceptance and combustion of the wood or other biomass fuel are included in a fuel specification approved for the combustor in a permit issued by the Agency and if:

(1) the wood or other biomass is salvaged from non-hazardous, solid waste and converted into fuel in accordance with applicable permit requirements using a process that removes all foreign materials (including, without limitation, electrical wiring, metal and plastic objects, brick, stone, insulation, cardboard, and paper) and contaminated wood (including, without limitation, preserved wood, painted wood, laminated wood, particle board, and chemical-stained or oil-stained wood); or

(2) the wood or other biomass is salvaged from non-hazardous, solid waste and converted into fuel in accordance with applicable permit requirements using a process that does not remove all foreign materials and contaminated wood and is supplied only to intermediaries or end-users that have obtained all necessary waste management and air permits for handling and combustion of the wood fuel. For purposes of this definition, "biomass" includes, but is not limited to, wood and agricultural residues (e.g. corn stover and wheat straw). Biomass that is used as fuel for energy recovery excludes, without limitation, energy crops (i.e. those produced solely or primarily for use as feedstocks in energy generation processes), sludge (as defined in Section 3.456 of the Environmental Protection Act), manure, and garbage (as defined in Section 3.200 of the Environmental Protection Act).

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this subsection, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

"Tissue products" includes toilet tissue, paper towels, paper napkins, facial tissue, paper doilies, industrial wipers, paper bags and brown papers.

"Unbleached packaging" includes corrugated and fiber boxes.

"USEPA Guidelines for federal procurement" means all minimum recycled content standards recommended by the U.S. Environmental Protection Agency.

(Source: P.A. 94-793, eff. 5-19-06.)".