Full Text of SB2166 095th General Assembly
SB2166 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2166
Introduced 2/14/2008, by Sen. John J. Millner SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/3.160 |
was 415 ILCS 5/3.78 and 3.78a |
415 ILCS 5/22.51 |
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Amends the Environmental Protection Act. In the definition of "clean construction or demolition debris", provides that the term includes debris with contaminants that do not exceed certain levels. Requires the Environmental Protection Agency to develop a special authorization for clean construction or demolition debris fill operations that accept urban soil or other urban construction or demolition debris from the Chicago metropolitan area or the Metro-East area. Requires the Agency to grant interim authorization to any such facility, subject only to a demonstration that the acceptance of any such material will not adversely impact existing groundwater. Requires the Agency and the Pollution Control Board to adopt rules concerning the special authorizations. Effective immediately.
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A BILL FOR
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SB2166 |
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LRB095 19613 BDD 45951 b |
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| AN ACT concerning environmental safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Sections 3.160 and 22.51 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 or other asphalt pavement; glass;
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| plastics that are not sealed in a manner that conceals waste; | 18 |
| electrical
wiring and components containing no hazardous | 19 |
| substances; and piping or metals
incidental to any of those | 20 |
| materials.
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| General construction or demolition debris does not include | 22 |
| uncontaminated
soil generated during construction, remodeling, | 23 |
| repair, and demolition of
utilities, structures, and roads |
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LRB095 19613 BDD 45951 b |
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| provided the uncontaminated soil is not
commingled with any | 2 |
| general construction or demolition debris or other waste.
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| To the extent allowed by federal law, uncontaminated | 4 |
| concrete with protruding rebar shall be considered clean | 5 |
| construction or demolition debris and shall not be considered | 6 |
| "waste" if it is separated or processed and returned to the | 7 |
| economic mainstream in the form of raw materials or products | 8 |
| within 4 years of its generation, if it is not speculatively | 9 |
| accumulated and, if used as a fill material, it is used in | 10 |
| accordance with item (i) in subsection (b) of this Section.
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| (b) "Clean construction or demolition debris" means
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| uncontaminated broken concrete without protruding metal bars, | 13 |
| bricks, rock,
stone, reclaimed or other asphalt pavement, or | 14 |
| soil generated from construction or
demolition activities. | 15 |
| Material that would be clean construction or demolition | 16 |
| debris but for the presence of contaminants is clean | 17 |
| construction or demolition debris if the contaminants do not | 18 |
| exceed "area background", as defined in Section 58.2 of this | 19 |
| Act.
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| Clean 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 |
| clean construction or demolition debris or other waste.
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| To the extent allowed by federal law, clean construction or | 26 |
| demolition debris
shall not be considered "waste" if it is (i) |
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| used as fill material outside of a setback zone if the fill is | 2 |
| placed no higher than the
highest point of elevation existing | 3 |
| prior to the filling immediately adjacent
to the fill area, and | 4 |
| if covered by sufficient uncontaminated soil to
support | 5 |
| vegetation within 30 days of the completion of filling or if | 6 |
| covered
by a road or structure, or (ii) separated or processed | 7 |
| and returned to the
economic mainstream in the form of raw | 8 |
| materials or products, if it is not
speculatively accumulated | 9 |
| and, if used as a fill material, it is used in
accordance with | 10 |
| item (i), or (iii) solely
broken concrete without protruding | 11 |
| metal bars used for erosion control, or
(iv) generated from the | 12 |
| construction or demolition of a building, road, or
other | 13 |
| structure and used to construct, on the site where the | 14 |
| construction or
demolition has taken place, a manmade
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| functional structure not to exceed 20 feet above the highest | 16 |
| point of
elevation of the property immediately adjacent to the | 17 |
| new manmade functional
structure as that elevation existed | 18 |
| prior to the creation of that new
structure,
provided that the | 19 |
| structure shall be covered with sufficient soil
materials to | 20 |
| sustain vegetation or by a road or structure, and further
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| provided that no such structure shall be constructed within
a | 22 |
| home rule municipality with a population over 500,000 without | 23 |
| the consent
of the municipality.
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| For purposes of this subsection (b), reclaimed or other | 25 |
| asphalt pavement shall not be considered speculatively | 26 |
| accumulated if: (i) it is not commingled with any other clean |
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| construction or demolition debris or any waste; (ii) it is | 2 |
| returned to the economic mainstream in the form of raw | 3 |
| materials or products within 4 years after its generation; | 4 |
| (iii) at least 25% of the total amount present at a site during | 5 |
| a calendar year is transported off of the site during the next | 6 |
| calendar year; and (iv) if used as a fill material, it is used | 7 |
| in accordance with item (i) of the second paragraph of this | 8 |
| subsection (b).
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| (Source: P.A. 94-272, eff. 7-19-05; 95-121, eff. 8-13-07.)
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| (415 ILCS 5/22.51)
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| Sec. 22.51. Clean Construction or Demolition Debris Fill | 12 |
| Operations. | 13 |
| (a) No person shall conduct any clean construction or | 14 |
| demolition debris fill operation in violation of this Act or | 15 |
| any regulations or standards adopted by the Board. | 16 |
| (b)(1)(A) Beginning 30 days after the effective date of | 17 |
| this amendatory Act of the 94th General Assembly but prior to | 18 |
| July 1, 2008, no person shall use clean construction or | 19 |
| demolition debris as fill material in a current or former | 20 |
| quarry, mine, or other excavation, unless they have applied for | 21 |
| an interim authorization from the Agency for the clean | 22 |
| construction or demolition debris fill operation. | 23 |
| (B) The Agency shall approve an interim authorization upon | 24 |
| its receipt of a written application for the interim | 25 |
| authorization that is signed by the site owner and the site |
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| operator, or their duly authorized agent, and that contains the | 2 |
| following information: (i) the location of the site where the | 3 |
| clean construction or demolition debris fill operation is | 4 |
| taking place, (ii) the name and address of the site owner, | 5 |
| (iii) the name and address of the site operator, and (iv) the | 6 |
| types and amounts of clean construction or demolition debris | 7 |
| being used as fill material at the site. | 8 |
| (C) The Agency may deny an interim authorization if the | 9 |
| site owner or the site operator, or their duly authorized | 10 |
| agent, fails to provide to the Agency the information listed in | 11 |
| subsection (b)(1)(B) of
this Section. Any denial of an interim | 12 |
| authorization shall be subject to appeal to the Board in | 13 |
| accordance with the procedures of Section 40 of this Act. | 14 |
| (D) No person shall use clean construction or demolition | 15 |
| debris as fill material in a current or former quarry, mine, or | 16 |
| other excavation for which the Agency has denied interim | 17 |
| authorization under subsection (b)(1)(C) of this Section. The | 18 |
| Board may stay the prohibition of this subsection (D) during | 19 |
| the pendency of an appeal of the Agency's denial of the interim | 20 |
| authorization brought under subsection (b)(1)(C) of this | 21 |
| Section. | 22 |
| (2) Beginning September 1, 2006, owners and
operators of | 23 |
| clean construction or demolition debris fill operations shall, | 24 |
| in accordance with a schedule prescribed by the Agency, submit | 25 |
| to the Agency applications for the
permits required under this | 26 |
| Section. The Agency shall notify owners and operators in |
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| writing of the due date for their permit application. The due | 2 |
| date shall be no less than 90 days after the date of the | 3 |
| Agency's written notification. Owners and operators who do not | 4 |
| receive a written notification from the Agency by October 1, | 5 |
| 2007, shall submit a permit application to the Agency by | 6 |
| January 1, 2008. The interim authorization of owners and | 7 |
| operators who fail to submit a permit application to the Agency | 8 |
| by the permit application's due date shall terminate on (i) the | 9 |
| due
date established by the Agency if the owner or operator | 10 |
| received a written notification from the Agency prior to
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| October 1, 2007, or (ii) or January 1, 2008, if the owner or | 12 |
| operator did not receive a written notification from the Agency | 13 |
| by October 1, 2007. | 14 |
| (3) On and after July 1, 2008, no person shall use clean | 15 |
| construction or demolition debris as fill material in a current | 16 |
| or former quarry, mine, or other excavation without a permit | 17 |
| granted by the Agency for the clean construction or demolition | 18 |
| debris fill operation or in violation of any conditions imposed | 19 |
| by such permit, including periodic reports and full access to | 20 |
| adequate records and the inspection of facilities, as may be | 21 |
| necessary to assure compliance with this Act and with Board | 22 |
| regulations and standards adopted under this Act. | 23 |
| (4) This subsection (b) does not apply to: | 24 |
| (A) the use of clean construction or demolition debris | 25 |
| as fill material in a current or former quarry, mine, or | 26 |
| other excavation located on the site where the clean |
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| construction or demolition debris was generated; | 2 |
| (B) the use of clean construction or demolition debris | 3 |
| as fill material in an excavation other than a current or | 4 |
| former quarry or mine if this use complies with Illinois | 5 |
| Department of Transportation specifications; or
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| (C) current or former quarries, mines, and other | 7 |
| excavations that do not use clean construction or | 8 |
| demolition debris as fill material.
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| (c) In accordance with Title VII of this Act, the Board may | 10 |
| adopt regulations to promote the purposes of this Section. The | 11 |
| Agency shall consult with the mining and construction | 12 |
| industries during the development of any regulations to promote | 13 |
| the purposes of this Section. | 14 |
| (1) No later than December 15, 2005, the Agency shall | 15 |
| propose to the Board, and no later than September 1, 2006, | 16 |
| the Board shall adopt, regulations for the use of clean | 17 |
| construction or demolition debris as fill material in | 18 |
| current and former quarries, mines, and other excavations. | 19 |
| Such regulations shall include, but shall not be limited | 20 |
| to, standards for clean construction or demolition debris | 21 |
| fill operations and the submission and review of permits | 22 |
| required under this Section. | 23 |
| (2) Until the Board adopts rules under subsection | 24 |
| (c)(1) of this Section, all persons using clean | 25 |
| construction or
demolition debris as fill material in a | 26 |
| current or former quarry, mine, or other excavation shall: |
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| (A) Assure that only clean construction or | 2 |
| demolition debris is being used as fill material by | 3 |
| screening each truckload of material received using a | 4 |
| device approved by the Agency that detects volatile | 5 |
| organic compounds. Such devices may include, but are | 6 |
| not limited to, photo ionization detectors. All | 7 |
| screening devices shall be operated and maintained in | 8 |
| accordance with manufacturer's specifications. | 9 |
| Unacceptable fill material shall be rejected from the | 10 |
| site; and | 11 |
| (B) Retain for a minimum of 3 years the following | 12 |
| information: | 13 |
| (i) The name of the hauler, the name of the | 14 |
| generator, and place of origin of the debris or | 15 |
| soil; | 16 |
| (ii) The approximate weight or volume of the | 17 |
| debris or soil; and | 18 |
| (iii) The date the debris or soil was received. | 19 |
| (d) This Section applies only to clean construction or | 20 |
| demolition debris that is not considered "waste" as provided in | 21 |
| Section 3.160 of this Act. | 22 |
| (e) For purposes of a clean construction or demolition | 23 |
| debris fill operation: | 24 |
| (1) The term "operator" means a person responsible for | 25 |
| the operation and maintenance of a clean construction or | 26 |
| demolition debris fill operation. |
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| (2) The term "owner" means a person who has any direct | 2 |
| or indirect interest in a clean construction or demolition | 3 |
| debris fill operation or in land on which a person operates | 4 |
| and maintains a clean construction or demolition debris | 5 |
| fill operation. A "direct or indirect interest" does not | 6 |
| include the ownership of publicly traded stock. The "owner" | 7 |
| is the "operator" if there is no other person who is | 8 |
| operating and maintaining a clean construction or | 9 |
| demolition debris fill operation.
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| (f) The Agency shall develop a special authorization for | 11 |
| clean construction or demolition debris fill operations that | 12 |
| accept urban soil or other urban construction or demolition | 13 |
| debris from the Chicago metropolitan area or the Metro-East | 14 |
| area, which shall be known as CCDD urban facilities. Within 30 | 15 |
| days after the effective date of this amendatory Act of the | 16 |
| 95th General Assembly, the Agency shall grant interim | 17 |
| authorization to any facility requesting to be authorized as a | 18 |
| CCDD urban facility, subject only to a demonstration that the | 19 |
| acceptance of any such material will not adversely impact | 20 |
| existing groundwater. The Agency's denial of this interim | 21 |
| authorization, or its failure to grant this interim | 22 |
| authorization in accordance with this subsection, is | 23 |
| considered to be a final decision of the Agency that is subject | 24 |
| to appeal to the Board under Section 40 of this Act. Within 30 | 25 |
| days after the effective date of this amendatory Act of the | 26 |
| 95th General Assembly, the Agency shall propose rules to the |
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| Board to make this special permit program permanent. The Board | 2 |
| shall engage in rulemaking under Sections 27 and 28 of this Act | 3 |
| and shall adopt rules within 12 months after the effective date | 4 |
| of this amendatory Act of the 95th General Assembly. The rules | 5 |
| must include procedures to ensure that the acceptance of | 6 |
| material pursuant to this Section will not adversely impact | 7 |
| existing groundwater at or near the fill operation. | 8 |
| (Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06 .)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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