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Public Act 097-0230 | ||||
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AN ACT concerning 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 | ||||
changing Section 22.38 as follows:
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(415 ILCS 5/22.38)
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Sec. 22.38. Facilities accepting exclusively general | ||||
construction or
demolition debris
for transfer, storage, or | ||||
treatment.
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(a) Facilities accepting exclusively general construction | ||||
or demolition
debris for
transfer, storage, or treatment shall | ||||
be subject to local zoning, ordinance,
and
land use | ||||
requirements.
Those facilities shall be located in accordance | ||||
with local zoning requirements
or, in the absence of local | ||||
zoning requirements, shall be located so that no
part of the | ||||
facility boundary is closer than 1,320 feet from the nearest
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property zoned for primarily residential use.
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(b) An owner or operator of a facility accepting | ||||
exclusively general
construction or demolition debris for | ||||
transfer, storage, or treatment shall:
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(1) Within 48 hours after of receipt of the general | ||||
construction or demolition
debris at the facility, sort the | ||||
general construction or demolition debris to
separate the
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recyclable general construction or demolition debris , and | ||
recovered wood that is processed for use as fuel , and | ||
general construction or demolition debris that is | ||
processed for use at a landfill from the non-recyclable
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general construction or demolition debris that is to be | ||
disposed of or discarded.
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(2) Transport off site for disposal , in accordance with | ||
all applicable federal, State, and local requirements | ||
within 72 hours after its receipt at the facility, all | ||
non-usable or non-recyclable general
construction or | ||
demolition debris that is not neither recyclable general | ||
construction or demolition debris , nor recovered wood that | ||
is processed for use as fuel , or general construction or | ||
demolition debris that is processed for use at a landfill | ||
in
accordance with all applicable federal, State, and local | ||
requirements within 72
hours of its receipt at the | ||
facility .
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(3) Limit the percentage of incoming non-recyclable | ||
general construction
or demolition debris to 25% or
less of | ||
the total incoming general construction or demolition | ||
debris ,
as calculated on a daily basis , so that 75% or more | ||
of the general construction or demolition debris accepted , | ||
as calculated monthly on a rolling 12-month average, on a | ||
daily basis consists of recyclable general construction or | ||
demolition debris, recovered wood that is processed for use | ||
as fuel, or general construction or demolition debris that |
is processed for use at a landfill except that general | ||
construction or demolition debris processed for use at a | ||
landfill shall not exceed 35% of the general construction | ||
or demolition debris accepted on a rolling 12-month average | ||
basis both . The percentages in this paragraph (3) of | ||
subsection (b) shall be calculated by weight, using scales | ||
located at the facility that are certified under the | ||
Weights and Measures Act.
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(4) Within 6 months after its receipt at the facility, | ||
transport: | ||
(A) Transport all non-putrescible recyclable | ||
general construction or
demolition debris
for | ||
recycling or disposal ; and | ||
(B) all non-putrescible general construction or | ||
demolition debris that is processed for use at a | ||
landfill to a MSWLF unit for use or disposal within 6 | ||
months of its receipt at the facility .
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(5) Within 45 days after of its receipt at the | ||
facility, transport : | ||
(A) (i) all putrescible or combustible recyclable | ||
general
construction or demolition debris
(excluding | ||
recovered wood that is processed for use as fuel) for | ||
recycling or disposal ; and | ||
(B) (ii) all recovered wood that is processed for | ||
use as fuel to an intermediate processing facility for | ||
sizing, to a combustion facility for use as fuel, or to |
a disposal facility ; and | ||
(C) all putrescible general construction or | ||
demolition debris that is processed for use at a | ||
landfill to a MSWLF unit for use or disposal .
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(6) Employ tagging and recordkeeping procedures to (i) | ||
demonstrate
compliance
with this Section and (ii) identify | ||
the source and transporter of material
accepted by the | ||
facility.
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(7) Control odor, noise, combustion of materials, | ||
disease vectors, dust,
and litter.
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(8) Control, manage, and dispose of any storm water | ||
runoff and leachate
generated at the facility in accordance | ||
with applicable federal, State, and
local requirements.
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(9) Control access to the facility.
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(10) Comply with all applicable federal, State, or | ||
local requirements for
the handling, storage, | ||
transportation, or disposal of asbestos-containing
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material or other material accepted at the
facility that is | ||
not general construction or demolition debris.
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(11) Prior to August 24, 2009 (the effective date of | ||
Public Act 96-611), submit to the Agency at least 30 days | ||
prior to the initial acceptance
of general construction or | ||
demolition debris at the facility, on forms provided
by the | ||
Agency, the following information:
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(A) the name, address, and telephone number of both | ||
the facility owner
and operator;
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(B) the street address and location of the | ||
facility;
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(C) a description of facility operations;
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(D) a description of the tagging and recordkeeping | ||
procedures the
facility will employ to (i) demonstrate | ||
compliance with this Section and (ii)
identify the | ||
source and transporter of any material accepted by the | ||
facility;
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(E) the name and location of the disposal sites to | ||
be used for the
disposal of any general construction or | ||
demolition debris received at the facility that must be | ||
disposed of;
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(F) the name and location of an individual, | ||
facility, or business to
which recyclable materials | ||
will be transported;
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(G) the name and location of intermediate | ||
processing facilities or combustion facilities to | ||
which recovered wood that is processed for use as fuel | ||
will be transported; and
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(H) other information as specified on the form | ||
provided by the Agency.
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(12) On or after August 24, 2009 (the effective date of | ||
Public Act 96-611), obtain a permit issued by the Agency | ||
prior to the initial acceptance of general construction or | ||
demolition debris at the facility.
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When any of the information contained or processes |
described in the initial
notification form submitted to the | ||
Agency under paragraph (11) of subsection (b) of this | ||
Section changes, the owner and operator shall
submit an | ||
updated form within 14 days of the change.
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(c) For purposes of this Section, the term "recyclable | ||
general
construction or demolition debris" means general | ||
construction or demolition
debris that has been rendered | ||
reusable and is reused or that would otherwise
be disposed of | ||
or discarded but is collected, separated, or processed and
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returned to the economic mainstream in the form of raw | ||
materials or products.
"Recyclable general construction or | ||
demolition debris" does not include (i) general
construction or | ||
demolition debris processed for use as fuel, incinerated,
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burned, buried, or otherwise used as fill material or (ii) | ||
general construction or demolition debris that is processed for | ||
use at a landfill .
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(d) For purposes of this Section, "treatment" means | ||
processing
designed to alter the physical nature of the general | ||
construction or
demolition debris, including but not limited to | ||
size reduction, crushing,
grinding, or
homogenization, but | ||
does not include processing designed to change the chemical
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nature of the general construction or demolition debris.
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(e) For purposes of this Section, "recovered wood that is | ||
processed for use as fuel" means wood that has been salvaged | ||
from general construction or demolition debris and processed | ||
for use as fuel, as authorized by the applicable state or |
federal environmental regulatory authority, and supplied only | ||
to intermediate processing facilities for sizing, or to | ||
combustion facilities for use as fuel, that have obtained all | ||
necessary waste management and air permits for handling and | ||
combustion of the fuel. | ||
(f) For purposes of this Section, "non-recyclable general | ||
construction or demolition debris" does not include " recovered | ||
wood that is processed for use as fuel " or general construction | ||
or demolition debris that is processed for use at a landfill . | ||
(g) Recyclable general construction or demolition debris , | ||
or recovered wood that is processed for use as fuel , and | ||
general construction or demolition debris that is processed for | ||
use at a landfill that is sent for disposal at the end of the | ||
applicable retention period shall not be considered as meeting | ||
the 75% diversion requirement for purposes of subdivision | ||
(b)(3) of this Section if sent for disposal at the end of the | ||
applicable retention period . | ||
(h) For the purposes of this Section, "general construction | ||
or demolition debris that is processed for use at a landfill" | ||
means general construction or demolition debris that is | ||
processed for use at a MSWLF unit as alternative daily cover, | ||
road building material, or drainage structure building | ||
material in accordance with the MSWLF unit's waste disposal | ||
permit issued by the Agency under this Act. | ||
(Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09; | ||
96-1000, eff. 7-2-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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