SB1607sam001 96TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 3/10/2009

09600SB1607sam001 LRB096 09569 JDS 23511 a

AMENDMENT TO SENATE BILL 1607

AMENDMENT NO. ______. Amend Senate Bill 1607 as follows:

on page 2, by replacing lines 16 through 22 with the following: "pavement, or soil generated from construction or demolition activities; provided that concrete without protruding metal bars, bricks, rock, stone, or reclaimed or other asphalt pavement that is generated from the construction or demolition of a road may be considered "clean construction or demolition debris" if it is (i) uncontaminated except for pavement markings that conform to Illinois Department of Transportation specifications and (ii) used as fill material in a current or former quarry, mine, or other excavation in accordance with the requirements of Section 22.51 of this Act and rules adopted thereunder."; and

on page 3, line 5, by replacing "other" with "other"; and

on page 3, line 13, by replacing "if" with "is if"; and

on page 4, line 4, by replacing "soil materials" with "general fill soil materials"; and

on page 4, by inserting the following immediately below line 19:

"(c) "Painted construction or demolition debris" means broken concrete without protruding metal bars, bricks, rock, stone, or reclaimed asphalt pavement generated from the construction or demolition activities that contains paint but is otherwise uncontaminated. However, concrete without protruding metal bars, bricks, rock, stone, or reclaimed or other asphalt pavement that is generated from the construction or demolition of a road may be considered "clean construction or demolition debris" instead of "painted construction or demolition debris" if it is (i) uncontaminated except for pavement markings that conform to Illinois Department of Transportation specifications and (ii) used as fill material in a current or former quarry, mine, or other excavation in accordance with the requirements of Section 22.51 of this Act and rules adopted thereunder."; and

on page 4, line 23, by replacing "21, and 22.51 of this Act" with "21, 22.51, and 22.51a of this Act"; and

on page 4, lines 23 and 24, by deleting ", to the extent allowed by federal law,"; and

on page 5, line 5, by replacing "exposure route" with "exposure route value"; and

on page 5, lines 6 and 7, by deleting ", broken concrete, bricks, or asphalt"; and

on page 5, line 19, by replacing "The Inhalation" with "The Outdoor Inhalation"; and

on page 6, by replacing lines 5 and 6 with the following:

"(6) Indoor Inhalation Exposure Route Specific value for soil, listed in Table G of 35 Ill. Adm. Code 742, Appendix B."; and

on page 6, line 13, by replacing "total" with" totals"; and

on page 6, line 20, by replacing "total" with "totals"; and

on page 6, line 25, by replacing "The Inhalation" to "The Outdoor Inhalation"; and

on page 7, lines 12 and 13, by replacing "Indoor Inhalation exposure route values established by the Board in 35 Ill. Adm. Code 742" with "The Indoor Inhalation Exposure Route value for soil listed in Table G of 35 Ill. Adm. Code 742, Appendix B."; and

on page 7, line 18, by deleting "its"; and

on page 22, lines 14 and 15, by replacing "or general fill uncontaminated soil" with "or painted construction or demolition debris or general fill uncontaminated soil"; and

on page 23, lines 1 and 2, by replacing "or general fill or restricted fill uncontaminated soil" with "or painted construction or demolition debris or general fill soil uncontaminated soil"; and

on page 24, by deleting lines 7 through 12; and

on page 24, line 18, by replacing "January 1, 2010 July 1, 2008" with "July 1, 2008"; and

on page 26, line 15, by replacing "January 1, 2010 July 1, 2008" with "July 1, 2008"; and

on page 26, inserting the following immediately below line 25:

"No person shall use restricted fill soil or painted construction or demolition debris as fill material in a current or former quarry, mine, or other excavation (i) without a permit granted by the Agency or in violation of any conditions imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with Board regulations and standards adopted under this Act; or (ii) in violation of any rules or standards adopted by the Board under this Act.

Beginning July 1, 2010, owners and operators of clean construction or demolition debris fill operations with a permit issued prior to the effective date of this amendatory Act of the 96th General Assembly must, in accordance with a schedule prescribed by the Agency, seek modifications to the permit to make it consistent with the requirements of this Section. The Agency shall notify owners and operators in writing of the due date for their application for permit modification. The due date shall be no less than 90 days after the date of the Agency's written notification. Owners and operators who do not receive a written notification from the Agency by April 1, 2011, shall submit their application for modification by July 1, 2011. Owners and operators seeking a modification that includes the use of restricted fill soil or painted construction or demolition debris as fill material may submit their application for modification prior to the dates set forth in this paragraph or the schedule prescribed by the Agency. Until a permit modification is issued, persons required to obtain a permit modification must operate their clean construction or demolition debris fill operation in accordance with the requirements of their permit as modified by the requirements of this Act and Board rules adopted hereunder; provided that no person shall use restricted fill soil or painted construction or demolition debris as fill material at the clean construction or demolition debris fill operation unless a permit modification allowing such has been issued. Beginning July 1, 2012, no person required to obtain a permit modification under subdivision (b)(3) of this Section shall use clean construction or demolition debris as fill material in the current or former quarry, mine, or other excavation for which the permit modification is required without a permit modification granted by the Agency that is consistent with requirements of this Section."; and

on page 27, line 1, by replacing "CCDD clean" with "CCDD, restricted fill soil, or painted construction or demolition debris clean"; and

on page 27, line 10, by replacing "CCDD clean" with "CCDD, restricted fill soil, or painted construction or demolition debris clean"; and

on page 28, line 25, by replacing "clean" with "painted"; and

on page 29, line 3, by deleting "clean"; and

by replacing page 29, line 23, through page 30, line 8, with the following:

"includes, but is not limited to, the following:

(i) covering all restricted fill soil and painted construction or demolition debris with a minimum of 10 feet of general fill soil, or an engineered barrier approved by the Agency in a permit granted under this Section, within 180 days after completion of filling or as approved by the Agency; and

(ii) for all buildings at the site on or after completion of filling, the installation and maintenance of building control technologies as approved by the Agency in accordance with Title XVII of this Act and rules adopted thereunder to prevent indoor inhalation exposures."; and

on page 30, line 9, by deleting "clean"; and

on page 30, by replacing lines 11 through 14 with the following: "demonstrates that the paint does not exceed the Class I Soil Component of the Groundwater Ingestion Exposure Route Values listed in Table A of 35 Ill. Adm. Code 742, Appendix B, as amended. Chemical analysis is not"; and

by replacing page 30, line 17, through page 33, line 17, with the following:

"(4) The owner or operator of the CCDD fill operation must develop and implement a Receipt Control and Screening Plan that includes, but is not limited to, the following:

(A) For all soil, either (i) a certification from the owner or operator of the site from which the soil was removed that the site has never been used for commercial or industrial purposes and is presumed to be general fill soil, or (ii) a certification from a Licensed Professional Engineer that the soil is restricted fill soil or general fill. Certifications required under subdivision (d)(4)(A) of this Section must be on forms prescribed by the Agency.

(B) Chemical analysis of paint on painted construction or demolition debris to confirm that the paint does not exceed the Class I Soil Component of the groundwater Ingestion Exposure Route Values listed in Table A of 35 Ill. Adm. Code 742, Appendix B, as amended. Chemical analysis is not required for pavement marking that conform to Illinois Department of Transportation specifications.

(C) A visual inspection to confirm that only restricted fill soil, painted construction or demolition debris, clean construction or demolition debris, or general fill soil is being accepted for use as fill.

(D) Screening of the soil with a photo ionization detector or a flame ionization detector, in accordance with procedures approved by the Agency in the CCDD fill operation permit, to confirm that the soil is consistent with the definitions of restricted fill soil or general fill soil and any chemical analysis used to determine that the soil is restricted fill soil or general fill soil.

(E) Confirmation that the soil was not removed from a site as a part of a cleanup or removal of contaminants, including, but not limited to, activities conducted under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; as a part of a Closure or Corrective Action under the Resource Conservation and Recovery Act; or as a part of an Agency remediation program, such as the Leaking Underground Storage Tank Program or Site Remediation Program, but excluding sites subject to Section 58.16 of this Act where there is no presence or likely presence of a release or a substantial threat of a release of a regulated substance at, on, to, or from the real property.

(F) Documentation of all activities conducted under the Receipt Control and Screening Plan. Documentation of any chemical analysis must include, but is not limited to, a copy of the lab analysis, on letterhead of the laboratory conducting the analysis, that is signed by the person that conducted the analysis and by his or her supervisor or reported in accordance with National Environmental Laboratory Accreditation Conference standards or their equivalent.

(5) The owner or operator of the CCDD fill operation must develop and implement a Testing and Sampling Plan which ensures that soil used as fill does not exceed the Class I Soil Component of the Groundwater Ingestion Exposure Route Values listed in Table A of 35 Ill. Adm. Code 742, Appendix B, as amended. The Testing and Sampling Plan must include, but is not limited to, the following:

(A) For every 500 cubic yards of soil used as fill, a minimum of one representative soil sample must be screened with an X-ray Fluorescense Spectroscopy instrument in accordance with procedures approved by the Agency in the CCDD fill operation permit. Soil samples must be screened after the soil is placed as fill at the site. If a screening sample indicates that soil may exceed the pH Specific Soil Remediation Objectives for Inorganics and Ionizing Organics for the Soil Component of the Groundwater Ingestion Route (Class I Groundwater) listed in Table C of 35 Ill. Adm. Code 742, Appendix B, as amended, then additional representative soil samples must be collected and analyzed by a laboratory for all of the chemicals listed in Table A of 35 Ill. Adm. Code 742, Appendix B, as amended, to determine whether the soil exceeds the Class I Soil Component of the Groundwater Ingestion Exposure Route Values listed in Table A of 35 Ill. Adm. Code 742, Appendix B, as amended. All of the soil that exceeds the Class I Soil Component of the Groundwater Ingestion Exposure Route Values listed in Table A of 35 Ill. Adm. Code 742, Appendix B, as amended, must be removed and disposed of at a landfill.

(B) In addition to the screening and sampling required under subdivision (d)(5)(A) of this Section, for every 2,500 cubic yards of soil used as fill a minimum of one representative soil sample must be collected. Up to 5 representative samples may be combined into one composite sample and the composite sample must be analyzed by a laboratory for all of the chemicals listed in Table A of 35 Ill. Adm. Code 742, Appendix B, as amended, to determine whether the soil exceeds the Class I Soil Component of the Groundwater Ingestion Exposure Route Values listed in Table A of 35 Ill. Adm. Code 742, Appendix B, as amended. The laboratory's analyses of samples must be performed in accordance with procedures established by the Agency. All soil that exceeds the Class I Soil Component of the Groundwater Ingestion Exposure Route Values listed in Table A of 35 Ill. Adm. Code 742, Appendix B, as amended, must be removed and disposed at a landfill.; and

by replacing page 34, line 17, through page 35, line 15, with the following:

"(f) Owners and operators of CCDD fill operations that are not permitted under subsection (d) of this Section to use restricted fill soil or painted construction or demolition debris as fill material must do all of the following:

(1) Develop and implement a Receipt Control and Screening Plan that includes, but is not limited to, the following:

(A) For all soil, either (i) a certification from the owner or operator of the site from which the soil was removed that the site has never been used for commercial or industrial purposes and is presumed to be general fill soil, or (ii) a certification from a Licensed Profession Engineer that the soil is general fill soil. Certifications required under subdivision (f)(1)(A) of this Section must be on forms prescribed by the Agency.

(B) A visual inspection to confirm that only clean construction or demolition debris or general fill soil is being accepted for use as fill.

(C) Screening of the soil with a photo ionization detector or a flame ionization detector, in accordance with procedures approved by the Agency in the CCDD fill operation permit, to confirm that the soil is consistent with the definition of general fill soil and any chemical analysis used to determine that the soil is general fill soil.

(D) Confirmation that the soil was not removed from a site as a part of a cleanup or removal of contaminants, including, but not limited to, activities conducted under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; as a part of a Closure or Corrective Action under the Resource Conservation and Recovery Act; or as a part of an Agency remediation program, such as the Leaking Underground Storage Tank Program or Site Remediation Program, but excluding sites subject to Section 58.16 of this Act where there is no presence or likely presence of a release or a substantial threat of a release of a regulated substance at, on, to, or from the real property.

(E) Documentation of all activities conducted under the Receipt Control and Screening Plan. Documentation of any chemical analysis must include, but is not limited to, a copy of the lab analysis, on letterhead of the laboratory conducting the analysis, that is signed by the person that conducted the analysis and by his or her supervisor or reported in accordance with National Environmental Laboratory Accreditation Conference standards or their equivalent.

(2) Develop and implement a Testing and Sampling Plan which ensures that soil used as fill does not exceed the most stringent Tier 1 exposure route values adopted by the Board under Title XVII of this Act. The most stringent Tier 1 exposure route values adopted by the Board under Title XVII of this Act shall be determined in the manner set forth in the definition of general fill soil under Section 3.508 of this Act. The Testing and Sampling Plan must include, but is not limited to, all of the following:

(A) For every 2,500 cubic yards of soil used as fill, a minimum of one representative soil sample must be collected.

(B) Up to 5 representative samples, may be combined into one composite sample, and the composite sample must be analyzed by a laboratory for all of the chemicals listed in Table A of 35 Ill. Adm. Code 742, Appendix B, as amended.

(C) The laboratory's analysis of samples must be in accordance with procedures established by the Agency to determine whether the soil exceeds the most stringent Tier 1 exposure route values adopted by the Board under Title XVII of this Act.

(D) All soil that exceeds the most stringent Tier 1 exposure route values adopted by the Board under Title XVII of this Act must be removed and disposed at a landfill.

(3) A closure and post-closure care plan that includes, but is not limited to, covering, within 90 days after completion of the filling or as approved by the Agency, all clean construction or demolition debris with a minimum of 3 feet of general fill soil, a road, pavement, or structure.; and

on page 35, by replacing lines 19 and 20 with the following: "years after the date of receipt of the restricted fill soil, painted construction or demolition debris, clean construction or demolition debris, or general fill soil, except that documentation relating"; and

on page 36, by replacing lines 5 through 8 with the following:

"(h) Except at CCDD fill operations permitted under subsection (d) of this Section to use restricted fill soil as fill material, no person shall use soil other than general fill soil as fill material at a CCDD fill operation. At CCDD fill operations permitted under subsection (d) of this Section to use restricted fill soil as fill material, no person shall use soil other than restricted fill soil or general fill soil as fill material.

(h-5) Except at CCDD fill operations permitted under subsection (d) of this Section to use painted construction or demolition debris as fill material, no person shall use construction or demolition debris other than clean construction or demolition debris as fill material at a CCDD fill operation. At CCDD fill operations permitted under subsection (d) of this Section to use painted construction or demolition debris as fill material, no person shall use construction or demolition debris other than painted construction or demolition debris or clean construction or demolition debris as fill material."; and

on page 36, by replacing lines 15 through 19 with the following:

"(j) After completion of filling at a CCDD fill operation where restricted fill soil has been used as fill material, no person shall occupy, or cause or allow the occupancy, of any building at the site unless the building control technologies required under subdivision (d)(2) of this Section have been installed and are maintained. No person shall perform any activity that disturbs the building controls technologies unless the site is entered into the Agency's Site Remediation Program and the activity is approved by the Agency as consistent with Title XVII of this Act and rules adopted thereunder."; and

by deleting page 36, line 20, through page 37, line 2; and

on page 37, line 5, immediately after "soil", by inserting "or painted construction or demolition debris"; and

on page 37, line 10, by deleting "any"; and

on page 37, line 11, by replacing "The bond amount" with "The amount of the performance bond or other security"; and

on page 37, line 12, immediately after "cost estimate" by inserting "for the performance bond or other security"; and

by replacing page 38, line 14, through page 40, line 11, with the following:

"Sec. 22.51a. Soil Fill Operations. This Section applies to persons using soil as fill material at a soil fill operation.

(a) For purposes of this Section:

(1) The term "soil fill operation" means a current or former quarry, mine, or other excavation, other than a clean construction or demolition debris fill operation as defined in subdivision (e)(3) of Section 22.51 of this Act, where soil is used as fill material.

(2) The term "other excavation" does not include holes, trenches, or similar earth removal created as part of normal construction, removal, or maintenance of a structure, utility, or transportation infrastructure.

(b) No person shall:

(1) Use soil as fill material at a soil fill operation unless the requirements of this Section are met.

(2) Use soil other than general fill soil as fill material at a soil fill operation.

(3) Use construction or demolition debris, including, but not limited to, painted construction or demolition debris and clean construction or demolition debris, as fill material at a soil fill operation.

(c) On and after January 1, 2010, no person shall use soil as fill material at a soil fill operation unless the owner or operator of the soil fill operation has notified the Agency of the soil fill operation. The notice must be submitted on forms and in a format prescribed by the Agency.

(d) Owners and operators of soil fill operations must do all of the following:

(1) Develop and implement a Receipt Control and Screening Plan that includes, but is not limited to, the following:

(A) For all soil, either (i) a certification from the owner or operator of the site from which the soil was removed that the site has never been used for commercial or industrial purposes and is presumed to be general fill soil, or (ii) a certification from a Licensed Profession Engineer that the soil is general fill soil. Certifications required under this subdivision (d)(1)(A) of this Section must be on forms prescribed by the Agency.

(B) A visual inspection to confirm that only general fill soil is being accepted for use as fill.

(C) Screening of the soil with a photo ionization detector or a flame ionization detector to confirm that the soil is consistent with the definition of general fill soil and any chemical analysis used to determine that the soil is general fill soil.

(D) Confirmation that the soil was not removed from a site as a part of the cleanup or removal of contaminants, including, but not limited to, activities conducted under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; as a part of a Closure or Corrective Action under the Resource Conservation and Recovery; or as a part of an Agency remediation program, such as the Leaking Underground Storage Tank Program or Site Remediation Program, but excluding sites subject to Section 58.16 of this Act where there is no presence or likely presence of a release or a substantial threat of a release of a regulated substance at, on, to, or from the real property.

(E) Documentation of all activities conducted under the Receipt Control and Screening Plan. Documentation of any chemical analysis must include, but is not limited to, a copy of the lab analysis, on letterhead of the laboratory conducting the analysis, that is signed by the person that conducted the analysis and by his or her supervisor or that is reported in accordance with National Environmental Laboratory Accreditation Conference standards or their equivalent.

(2) Develop and implement a Testing and Sampling Plan which ensures that soil used as fill does not exceed the most stringent Tier 1 exposure route values adopted by the Board under Title XVII of this Act. The most stringent Tier 1 exposure route values adopted by the Board under Title XVII of this Act shall be determined in the manner set forth in the definition of general fill soil under Section 3.508 of this Act. The Testing and Sampling Plan must include, but is not limited to, the following:

(A) For every 5,000 cubic yards of soil used as fill, a minimum of one representative soil sample must be collected.

(B) Up to 5 representative samples may be combined into one composite sample, and the composite sample must be analyzed by a laboratory for all of the chemicals listed in Table A of 35 Ill. Adm. Code 742, Appendix B, as amended.

(C) The laboratory's analyses must be performed in accordance with procedures established by the Agency, to determine whether the soil exceeds the most stringent Tier 1 exposure route values adopted by the Board under Title XVII of this Act.

(D) All soil that exceeds the most stringent Tier 1 exposure route values adopted by the Board under Title XVII of this Act must be removed and disposed of at a landfill.

(e) Owners and operators of soil fill operations must maintain all documentation required under this Section until at least 3 years after the date of receipt of the soil, except that documentation relating to an appeal, litigation, or other disputed claim must be maintained until at least 3 years after the date of the final disposition of the appeal, litigation, or other disputed claim. Copies of the documentation must be made available to the Agency for inspection and copying during normal business hours.

Chemical analysis conducted under this Section must be conducted in accordance with the requirements of 35 Ill. Adm. Code 742 and "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA Publication No. SW-846, as amended."; and

on page 40, lines 23 and 24 by replacing "clean construction or demolition debris or soil" with "soil or clean construction or demolition debris"; and

on page 40, line 25, through page 41, line 1, by replacing "clean construction or demolition debris and soil" with "soil and clean construction or demolition debris"; and

on page 41, line 4, by replacing "construction demolition" with "construction or demolition"; and

on page 41, line 9, by replacing "Section 22.51" with "Sections 22.51 and 22.51a"; and

on page 41, line 17, by replacing "Section 22.51" with "Section 22.51 or 22.51a"; and

on page 42, line 1, by replacing "Section 22.51" with" Section 22.51 or 22.51a"; and

on page 47, by replacing lines 14 through 17 with the following: "issued under Section 22.51 of this Act that is found to have violated any provision of Section 22.51 or the permit, or any person that is found to have violated Section 22.51a of this Act, shall pay a civil penalty of $1,000 for each violation of each provision,"; and

on page 47, by replacing line 20 with the following: "$2,000 for each violation of any provision of Section 22.51, the permit, or Section 22.51a,".