|
|
Public Act 095-0121
|
| HB0496 Enrolled |
LRB095 04713 CMK 24772 b |
|
|
AN ACT concerning safety.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Environmental Protection Act is amended by |
changing Section 3.160 as follows:
|
(415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
|
Sec. 3.160. Construction or demolition debris.
|
(a) "General construction or demolition debris" means |
non-hazardous,
uncontaminated materials resulting from the |
construction, remodeling, repair,
and demolition of utilities, |
structures, and roads, limited to the following:
bricks, |
concrete, and other masonry materials; soil; rock; wood, |
including
non-hazardous painted, treated, and coated wood and |
wood products; wall
coverings; plaster; drywall; plumbing |
fixtures; non-asbestos insulation;
roofing shingles and other |
roof coverings; reclaimed or other asphalt pavement; glass;
|
plastics that are not sealed in a manner that conceals waste; |
electrical
wiring and components containing no hazardous |
substances; and piping or metals
incidental to any of those |
materials.
|
General construction or demolition debris does not include |
uncontaminated
soil generated during construction, remodeling, |
repair, and demolition of
utilities, structures, and roads |
|
provided the uncontaminated soil is not
commingled with any |
general construction or demolition debris or other waste.
|
To the extent allowed by federal law, uncontaminated |
concrete with protruding rebar shall be considered clean |
construction or demolition debris and shall not be considered |
"waste" if it is separated or processed and returned to the |
economic mainstream in the form of raw materials or products |
within 4 years of its generation, if it is not speculatively |
accumulated and, if used as a fill material, it is used in |
accordance with item (i) in subsection (b) of this Section |
within 30 days of its generation.
|
(b) "Clean construction or demolition debris" means
|
uncontaminated broken concrete without protruding metal bars, |
bricks, rock,
stone, reclaimed or other asphalt pavement, or |
soil generated from construction or
demolition activities.
|
Clean construction or demolition debris does not include |
uncontaminated soil
generated during construction, remodeling, |
repair, and demolition of utilities,
structures, and roads |
provided the uncontaminated soil is not commingled with
any |
clean construction or demolition debris or other waste.
|
To the extent allowed by federal law, clean construction or |
demolition debris
shall not be considered "waste" if it is (i) |
used as fill material outside of a setback zone if the fill is |
placed no higher than the
highest point of elevation existing |
prior to the filling immediately adjacent
to the fill area, and |
if covered by sufficient uncontaminated soil to
support |
|
vegetation within 30 days of the completion of filling or if |
covered
by a road or structure, or (ii) separated or processed |
and returned to the
economic mainstream in the form of raw |
materials or products, if it is not
speculatively accumulated |
and, if used as a fill material, it is used in
accordance with |
item (i) within 30 days of its generation, or (iii) solely
|
broken concrete without protruding metal bars used for erosion |
control, or
(iv) generated from the construction or demolition |
of a building, road, or
other structure and used to construct, |
on the site where the construction or
demolition has taken |
place, a manmade
functional structure not to exceed 20 feet |
above the highest point of
elevation of the property |
immediately adjacent to the new manmade functional
structure as |
that elevation existed prior to the creation of that new
|
structure,
provided that the structure shall be covered with |
sufficient soil
materials to sustain vegetation or by a road or |
structure, and further
provided that no such structure shall be |
constructed within
a home rule municipality with a population |
over 500,000 without the consent
of the municipality.
|
For purposes of this subsection (b), reclaimed or other |
asphalt pavement shall not be considered speculatively |
accumulated if: (i) it is not commingled with any other clean |
construction or demolition debris or any waste; (ii) it is |
returned to the economic mainstream in the form of raw |
materials or products within 4 years after its generation; |
(iii) at least 25% of the total amount present at a site during |