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
a calendar year is transported off of the site during the next
calendar year; and (iv) if used as a fill material, it is used
in accordance with item (i) of the second paragraph of this
subsection (b).
(Source: P.A. 93-179, eff. 7-11-03; 94-272, eff. 7-19-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/13/2007