Full Text of SB1408 99th General Assembly
SB1408 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1408 Introduced 2/20/2015, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
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Amends the Environmental Protection Act. Provides that a facility permitted or approved and regulated by the Environmental Protection Agency under specified provisions of the Act shall not be subject to fees assessed by a unit of local government that are directly related to the facility's recycling activities, provided that the facility recycles 75% or more of the material brought to the facility in a calendar year.
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| | A BILL FOR |
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| 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 22.38 as follows:
| 6 | | (415 ILCS 5/22.38)
| 7 | | Sec. 22.38. Facilities accepting exclusively general | 8 | | construction or
demolition debris
for transfer, storage, or | 9 | | treatment.
| 10 | | (a) Facilities accepting exclusively general construction | 11 | | or demolition
debris for
transfer, storage, or treatment shall | 12 | | be subject to local zoning, ordinance,
and
land use | 13 | | requirements.
Those facilities shall be located in accordance | 14 | | with local zoning requirements
or, in the absence of local | 15 | | zoning requirements, shall be located so that no
part of the | 16 | | facility boundary is closer than 1,320 feet from the nearest
| 17 | | property zoned for primarily residential use.
| 18 | | (b) An owner or operator of a facility accepting | 19 | | exclusively general
construction or demolition debris for | 20 | | transfer, storage, or treatment shall:
| 21 | | (1) Within 48 hours after receipt of the general | 22 | | construction or demolition
debris at the facility, sort the | 23 | | general construction or demolition debris to
separate the
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| 1 | | recyclable general construction or demolition debris, | 2 | | recovered wood that is processed for use as fuel, and | 3 | | general construction or demolition debris that is | 4 | | processed for use at a landfill from the non-recyclable
| 5 | | general construction or demolition debris that is to be | 6 | | disposed of or discarded.
| 7 | | (2) Transport off site for disposal, in accordance with | 8 | | all applicable federal, State, and local requirements | 9 | | within 72 hours after its receipt at the facility, all | 10 | | non-usable or non-recyclable general
construction or | 11 | | demolition debris that is not recyclable general | 12 | | construction or demolition debris, recovered wood that is | 13 | | processed for use as fuel, or general construction or | 14 | | demolition debris that is processed for use at a landfill.
| 15 | | (3) Limit the percentage of incoming non-recyclable | 16 | | general construction
or demolition debris to 25% or
less of | 17 | | the total incoming general construction or demolition | 18 | | debris, so that 75% or more of the general construction or | 19 | | demolition debris accepted, as calculated monthly on a | 20 | | rolling 12-month average, consists of recyclable general | 21 | | construction or demolition debris, recovered wood that is | 22 | | processed for use as fuel, or general construction or | 23 | | demolition debris that is processed for use at a landfill | 24 | | except that general construction or demolition debris | 25 | | processed for use at a landfill shall not exceed 35% of the | 26 | | general construction or demolition debris accepted on a |
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| 1 | | rolling 12-month average basis. The percentages in this | 2 | | paragraph (3) of subsection (b) shall be calculated by | 3 | | weight, using scales located at the facility that are | 4 | | certified under the Weights and Measures Act.
| 5 | | (4) Within 6 months after its receipt at the facility, | 6 | | transport: | 7 | | (A) all non-putrescible recyclable general | 8 | | construction or
demolition debris
for recycling or | 9 | | disposal; and | 10 | | (B) all non-putrescible general construction or | 11 | | demolition debris that is processed for use at a | 12 | | landfill to a MSWLF unit for use or disposal.
| 13 | | (5) Within 45 days after its receipt at the facility, | 14 | | transport: | 15 | | (A) all putrescible or combustible recyclable | 16 | | general
construction or demolition debris
(excluding | 17 | | recovered wood that is processed for use as fuel) for | 18 | | recycling or disposal; | 19 | | (B) all recovered wood that is processed for use as | 20 | | fuel to an intermediate processing facility for | 21 | | sizing, to a combustion facility for use as fuel, or to | 22 | | a disposal facility; and | 23 | | (C) all putrescible general construction or | 24 | | demolition debris that is processed for use at a | 25 | | landfill to a MSWLF unit for use or disposal.
| 26 | | (6) Employ tagging and recordkeeping procedures to (i) |
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| 1 | | demonstrate
compliance
with this Section and (ii) identify | 2 | | the source and transporter of material
accepted by the | 3 | | facility.
| 4 | | (7) Control odor, noise, combustion of materials, | 5 | | disease vectors, dust,
and litter.
| 6 | | (8) Control, manage, and dispose of any storm water | 7 | | runoff and leachate
generated at the facility in accordance | 8 | | with applicable federal, State, and
local requirements.
| 9 | | (9) Control access to the facility.
| 10 | | (10) Comply with all applicable federal, State, or | 11 | | local requirements for
the handling, storage, | 12 | | transportation, or disposal of asbestos-containing
| 13 | | material or other material accepted at the
facility that is | 14 | | not general construction or demolition debris.
| 15 | | (11) Prior to August 24, 2009 (the effective date of | 16 | | Public Act 96-611), submit to the Agency at least 30 days | 17 | | prior to the initial acceptance
of general construction or | 18 | | demolition debris at the facility, on forms provided
by the | 19 | | Agency, the following information:
| 20 | | (A) the name, address, and telephone number of both | 21 | | the facility owner
and operator;
| 22 | | (B) the street address and location of the | 23 | | facility;
| 24 | | (C) a description of facility operations;
| 25 | | (D) a description of the tagging and recordkeeping | 26 | | procedures the
facility will employ to (i) demonstrate |
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| 1 | | compliance with this Section and (ii)
identify the | 2 | | source and transporter of any material accepted by the | 3 | | facility;
| 4 | | (E) the name and location of the disposal sites to | 5 | | be used for the
disposal of any general construction or | 6 | | demolition debris received at the facility that must be | 7 | | disposed of;
| 8 | | (F) the name and location of an individual, | 9 | | facility, or business to
which recyclable materials | 10 | | will be transported;
| 11 | | (G) the name and location of intermediate | 12 | | processing facilities or combustion facilities to | 13 | | which recovered wood that is processed for use as fuel | 14 | | will be transported; and
| 15 | | (H) other information as specified on the form | 16 | | provided by the Agency.
| 17 | | (12) On or after August 24, 2009 (the effective date of | 18 | | Public Act 96-611), obtain a permit issued by the Agency | 19 | | prior to the initial acceptance of general construction or | 20 | | demolition debris at the facility.
| 21 | | When any of the information contained or processes | 22 | | described in the initial
notification form submitted to the | 23 | | Agency under paragraph (11) of subsection (b) of this | 24 | | Section changes, the owner and operator shall
submit an | 25 | | updated form within 14 days of the change.
| 26 | | (c) For purposes of this Section, the term "recyclable |
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| 1 | | general
construction or demolition debris" means general | 2 | | construction or demolition
debris that has been rendered | 3 | | reusable and is reused or that would otherwise
be disposed of | 4 | | or discarded but is collected, separated, or processed and
| 5 | | returned to the economic mainstream in the form of raw | 6 | | materials or products.
"Recyclable general construction or | 7 | | demolition debris" does not include (i) general
construction or | 8 | | demolition debris processed for use as fuel, incinerated,
| 9 | | burned, buried, or otherwise used as fill material or (ii) | 10 | | general construction or demolition debris that is processed for | 11 | | use at a landfill.
| 12 | | (d) For purposes of this Section, "treatment" means | 13 | | processing
designed to alter the physical nature of the general | 14 | | construction or
demolition debris, including but not limited to | 15 | | size reduction, crushing,
grinding, or
homogenization, but | 16 | | does not include processing designed to change the chemical
| 17 | | nature of the general construction or demolition debris.
| 18 | | (e) For purposes of this Section, "recovered wood that is | 19 | | processed for use as fuel" means wood that has been salvaged | 20 | | from general construction or demolition debris and processed | 21 | | for use as fuel, as authorized by the applicable state or | 22 | | federal environmental regulatory authority, and supplied only | 23 | | to intermediate processing facilities for sizing, or to | 24 | | combustion facilities for use as fuel, that have obtained all | 25 | | necessary waste management and air permits for handling and | 26 | | combustion of the fuel. |
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| 1 | | (f) For purposes of this Section, "non-recyclable general | 2 | | construction or demolition debris" does not include "recovered | 3 | | wood that is processed for use as fuel" or general construction | 4 | | or demolition debris that is processed for use at a landfill. | 5 | | (g) Recyclable general construction or demolition debris, | 6 | | recovered wood that is processed for use as fuel, and general | 7 | | construction or demolition debris that is processed for use at | 8 | | a landfill shall not be considered as meeting the 75% diversion | 9 | | requirement for purposes of subdivision (b)(3) of this Section | 10 | | if sent for disposal at the end of the applicable retention | 11 | | period. | 12 | | (h) For the purposes of this Section, "general construction | 13 | | or demolition debris that is processed for use at a landfill" | 14 | | means general construction or demolition debris that is | 15 | | processed for use at a MSWLF unit as alternative daily cover, | 16 | | road building material, or drainage structure building | 17 | | material in accordance with the MSWLF unit's waste disposal | 18 | | permit issued by the Agency under this Act. | 19 | | (i) For purposes of the 75% diversion requirement under | 20 | | subdivision (b)(3) of this Section, owners and operators of | 21 | | facilities accepting exclusively general construction or | 22 | | demolition debris for transfer, storage, or treatment may | 23 | | multiply by 2 the amount of accepted asphalt roofing shingles | 24 | | that are transferred to a facility for recycling in accordance | 25 | | with a beneficial use determination issued under Section 22.54 | 26 | | of this Act. The owner or operator of the facility accepting |
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| 1 | | exclusively general construction or demolition debris for | 2 | | transfer, storage, or treatment must maintain receipts from the | 3 | | shingle recycling facility that document the amounts of asphalt | 4 | | roofing shingles transferred for recycling in accordance with | 5 | | the beneficial use determination. All receipts must be | 6 | | maintained for a minimum of 3 years and must be made available | 7 | | to the Agency for inspection and copying during normal business | 8 | | hours. | 9 | | (j) A facility permitted or approved and regulated by the | 10 | | Agency under either Section 22.38 or Section 22.54 of this Act | 11 | | shall not be subject to fees assessed by a unit of local | 12 | | government that are directly related to the facility's | 13 | | recycling activities, provided that the facility recycles 75% | 14 | | or more of the material brought to the facility in a calendar | 15 | | year. | 16 | | (Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09; | 17 | | 96-1000, eff. 7-2-10; 97-230, eff. 7-28-11; 97-314, eff. | 18 | | 1-1-12; 97-813, eff. 7-13-12.)
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