Illinois General Assembly - Full Text of HB4007
Illinois General Assembly

Previous General Assemblies

Full Text of HB4007  99th General Assembly


Rep. Jay Hoffman

Filed: 3/25/2015





09900HB4007ham001LRB099 08971 MGM 33384 a


2    AMENDMENT NO. ______. Amend House Bill 4007 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 22.54 as follows:
6    (415 ILCS 5/22.54)
7    Sec. 22.54. Beneficial Use Determinations. The purpose of
8this Section is to allow the Agency to determine that a
9material otherwise required to be managed as waste may be
10managed as non-waste if that material is used beneficially and
11in a manner that is protective of human health and the
13    (a) To the extent allowed by federal law, the Agency may,
14upon the request of an applicant, make a written determination
15that a material is used beneficially (rather than discarded)
16and, therefore, not a waste if the applicant demonstrates all



09900HB4007ham001- 2 -LRB099 08971 MGM 33384 a

1of the following:
2        (1) The chemical and physical properties of the
3    material are comparable to similar commercially available
4    materials.
5        (2) The market demand for the material is such that all
6    of the following requirements are met:
7            (A) The material will be used within a reasonable
8        time.
9            (B) The material's storage prior to use will be
10        minimized.
11            (C) The material will not be abandoned.
12        (3) The material is legitimately beneficially used.
13    For the purposes of this item (3) of subsection (a) of this
14    Section, a material is "legitimately beneficially used" if
15    the applicant demonstrates all of the following:
16            (A) The material is managed separately from waste,
17        as a valuable material, and in a manner that maintains
18        its beneficial usefulness, including, but not limited
19        to, storing in a manner that minimizes the material's
20        loss and maintains its beneficial usefulness.
21            (B) The material is used as an effective substitute
22        for a similar commercially available material. For the
23        purposes of this paragraph (B) of item (3) of
24        subsection (a) of this Section, a material is "used as
25        an effective substitute for a commercially available
26        material" if the applicant demonstrates one or more of



09900HB4007ham001- 3 -LRB099 08971 MGM 33384 a

1        the following:
2                (i) The material is used as a valuable raw
3            material or ingredient to produce a legitimate end
4            product.
5                (ii) The material is used directly as a
6            legitimate end product in place of a similar
7            commercially available product.
8                (iii) The material replaces a catalyst or
9            carrier to produce a legitimate end product.
10            The applicant's demonstration under this paragraph
11        (B) of item (3) of subsection (a) of this Section must
12        include, but is not limited to, a description of the
13        use of the material, a description of the use of the
14        legitimate end product, and a demonstration that the
15        use of the material is comparable to the use of similar
16        commercially available products.
17            (C) The applicant demonstrates all of the
18        following:
19                (i) The material is used under paragraph (B) of
20            item (3) of subsection (a) of this Section within a
21            reasonable time.
22                (ii) The material's storage prior to use is
23            minimized.
24                (iii) The material is not abandoned.
25        (4) The management and use of the material will not
26    cause, threaten, or allow the release of any contaminant



09900HB4007ham001- 4 -LRB099 08971 MGM 33384 a

1    into the environment, except as authorized by law.
2        (5) The management and use of the material otherwise
3    protects human health and safety and the environment.
4    (b) Applications for beneficial use determinations must be
5submitted on forms and in a format prescribed by the Agency.
6Agency approval, approval with conditions, or disapproval of an
7application for a beneficial use determination must be in
8writing. Approvals with conditions and disapprovals of
9applications for a beneficial use determination must include
10the Agency's reasons for the conditions or disapproval, and
11they are subject to review under Section 40 of this Act.
12    (c) Beneficial use determinations shall be effective for a
13period approved by the Agency, but that period may not exceed 5
14years. Material that is beneficially used (i) in accordance
15with a beneficial use determination, (ii) during the effective
16period of the beneficial use determination, and (iii) by the
17recipient of a beneficial use determination shall maintain its
18non-waste status after the effective period of the beneficial
19use determination unless its use no longer complies with the
20terms of the beneficial use determination or the material
21otherwise becomes waste.
22    (d) No recipient of a beneficial use determination shall
23manage or use the material that is the subject of the
24determination in violation of the determination or any
25conditions in the determination, unless the material is managed
26as waste.



09900HB4007ham001- 5 -LRB099 08971 MGM 33384 a

1    (e) A beneficial use determination shall terminate by
2operation of law if, due to a change in law, it conflicts with
3the law; however, the recipient of the determination may apply
4for a new beneficial use determination that is consistent with
5the law as amended.
6    (f) This Section does not apply to hazardous waste, coal
7combustion waste, coal combustion by-product, sludge applied
8to the land, potentially infectious medical waste, or used oil.
9    (g) This Section does not apply to material that is burned
10for energy recovery, that is used to produce a fuel, or that is
11otherwise contained in a fuel. The prohibition in this
12subsection (g) does not apply to any dust suppressants applied
13to a material that is (i) burned for energy recovery, (ii) used
14to produce a fuel, or (iii) otherwise contained in a fuel.
15    (h) This Section does not apply to waste from the steel and
16foundry industries that is (i) classified as beneficially
17usable waste under Board rules and (ii) beneficially used in
18accordance with Board rules governing the management of
19beneficially usable waste from the steel and foundry
20industries. This Section does apply to other beneficial uses of
21waste from the steel and foundry industries, including, but not
22limited to, waste that is classified as beneficially usable
23waste but not used in accordance with the Board's rules
24governing the management of beneficially usable waste from the
25steel and foundry industries. No person shall use iron slags,
26steelmaking slags, or foundry sands for land reclamation



09900HB4007ham001- 6 -LRB099 08971 MGM 33384 a

1purposes unless they have obtained a beneficial use
2determination for such use under this Section.
3    (i) For purposes of this Section, the term "commercially
4available material" means virgin material that (i) meets
5industry standards for a specific use and (ii) is normally sold
6for such use. For purposes of this Section, the term
7"commercially available product" means a product made of virgin
8material that (i) meets industry standards for a specific use
9and (ii) is normally sold for such use.
10    (j) Before issuing a beneficial use determination for the
11beneficial use of asphalt shingles, the Agency shall conduct an
12evaluation of the applicant's prior experience in asphalt
13shingle recycling operations. The Agency may deny such a
14beneficial use determination if the applicant, or any employee
15or officer of the applicant, has a history of any one or more
16of the following related to the operation of asphalt shingle
17recycling operation facilities or sites:
18        (1) repeated violations of federal, State, or local
19    laws, rules, regulations, standards, or ordinances;
20        (2) conviction in a court of this State or another
21    state of any crime that is a felony under the laws of this
22    State;
23        (3) conviction in a federal court of any crime that is
24    a felony under federal law;
25        (4) conviction in a court of this State or another
26    state, or in a federal court, of forgery, official



09900HB4007ham001- 7 -LRB099 08971 MGM 33384 a

1    misconduct, bribery, perjury, or knowingly submitting
2    false information under any environmental law, rule,
3    regulation, or permit term or condition; or
4        (5) gross carelessness or incompetence in the
5    handling, storing, processing, transporting, disposing, or
6    recycling of asphalt shingles.
7(Source: P.A. 98-296, eff. 1-1-14.)".