Full Text of SB1006 93rd General Assembly
SB1006enr 93RD GENERAL ASSEMBLY
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SB1006 Enrolled |
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LRB093 03241 AMC 03258 b |
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| AN ACT in relation to environmental safety.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section
3.160 as follows:
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| (415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
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| Sec. 3.160. Construction or demolition debris.
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| (a) "General construction or demolition debris" means | 9 |
| non-hazardous,
uncontaminated materials resulting from the | 10 |
| construction, remodeling, repair,
and demolition of utilities, | 11 |
| structures, and roads, limited to the following:
bricks, | 12 |
| concrete, and other masonry materials; soil; rock; wood, | 13 |
| including
non-hazardous painted, treated, and coated wood and | 14 |
| wood products; wall
coverings; plaster; drywall; plumbing | 15 |
| fixtures; non-asbestos insulation;
roofing shingles and other | 16 |
| roof coverings; reclaimed asphalt pavement; glass;
plastics | 17 |
| that are not sealed in a manner that conceals waste; electrical
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| wiring and components containing no hazardous substances; and | 19 |
| piping or metals
incidental to any of those materials.
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| General construction or demolition debris does not include | 21 |
| uncontaminated
soil generated during construction, remodeling, | 22 |
| repair, and demolition of
utilities, structures, and roads | 23 |
| provided the uncontaminated soil is not
commingled with any | 24 |
| general construction or demolition debris or other waste.
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| (b) "Clean construction or demolition debris" means
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| uncontaminated broken concrete without protruding metal bars, | 27 |
| bricks, rock,
stone, reclaimed asphalt pavement, or soil | 28 |
| generated from construction or
demolition activities.
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| Clean construction or demolition debris does not include | 30 |
| uncontaminated soil
generated during construction, remodeling, | 31 |
| repair, and demolition of utilities,
structures, and roads | 32 |
| provided the uncontaminated soil is not commingled with
any |
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SB1006 Enrolled |
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LRB093 03241 AMC 03258 b |
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| clean construction or demolition debris or other waste.
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| To the extent allowed by federal law, clean construction or | 3 |
| demolition debris
shall not be considered "waste" if it is (i) | 4 |
| used as fill material outside of a setback zone if the fill is | 5 |
| placed no higher than the
highest point of elevation existing | 6 |
| prior to the filling immediately adjacent
to the fill area, and | 7 |
| if covered by sufficient uncontaminated soil to
support | 8 |
| vegetation within 30 days of the completion of filling or if | 9 |
| covered
by a road or structure, or (ii) separated or processed | 10 |
| and returned to the
economic mainstream in the form of raw | 11 |
| materials or products, if it is not
speculatively accumulated | 12 |
| and, if used as a fill material, it is used in
accordance with | 13 |
| item (i) within 30 days of its generation, or (iii) solely
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| broken concrete without protruding metal bars used for erosion | 15 |
| control, or
(iv) generated from the construction or demolition | 16 |
| of a building, road, or
other structure and used to construct, | 17 |
| on the site where the construction or
demolition has taken | 18 |
| place, a manmade
functional structure not to exceed 20 feet | 19 |
| above the highest point of
elevation of the property | 20 |
| immediately adjacent to the new manmade functional
structure as | 21 |
| that elevation existed prior to the creation of that new
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| structure,
provided that the structure shall be covered with | 23 |
| sufficient soil
materials to sustain vegetation or by a road or | 24 |
| structure, and further
provided that no such structure shall be | 25 |
| constructed within
a home rule municipality with a population | 26 |
| over 500,000 without the consent
of the municipality , or (v) | 27 |
| used to construct a
recreation facility at a site located | 28 |
| within an Enterprise Zone, as certified
by the Department of | 29 |
| Commerce and Economic Opportunity, pursuant to a permit
issued | 30 |
| by a municipality with an equalized assessed valuation of less | 31 |
| than
$15,000,000 .
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| (Source: P.A. 92-574, eff. 6-26-02; 93-179, eff. 7-11-03.)
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| Section 99. Effective date. This Act takes effect upon | 34 |
| becoming law.
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