HB2876 EnrolledLRB100 09973 MJP 20144 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 22.54a as follows:
 
6    (415 ILCS 5/22.54a)
7    (Section scheduled to be repealed on February 1, 2018)
8    Sec. 22.54a. Disposal of asphalt roofing shingles.
9    (a) As used in this Section:
10    "BUD" means a beneficial use determination issued under
11Section 22.54 of this Act.
12    "Eligible shingle recycling facility" means a shingle
13recycling facility that:
14        (1) is approved for asphalt roofing shingle recycling
15    under a beneficial use determination issued pursuant to
16    Section 22.54 of this Act and is in compliance with the
17    terms of that BUD;
18        (2) is listed on the Department of Transportation's
19    "Qualified Producer List of Certified Sources for
20    Reclaimed Asphalt Shingles" or identified as an approved
21    producer of reclaimed asphalt shingles by the Illinois
22    State Toll Highway Authority; and
23        (3) accepts all delivered loads of asphalt roofing

 

 

HB2876 Enrolled- 2 -LRB100 09973 MJP 20144 b

1    shingles that can be processed into reclaimed asphalt
2    shingles meeting Department of Transportation or Illinois
3    State Toll Highway Authority specifications.
4    (b) No owner or operator of a sanitary landfill that is
5located within a 25-mile radius of an eligible shingle
6recycling facility a site where asphalt roofing shingles are
7recycled under a Beneficial Use Determination (BUD) issued by
8the Agency pursuant to Section 22.54 of this Act shall accept
9for disposal loads of whole or processed asphalt roofing
10shingles that can be processed into reclaimed asphalt shingles
11meeting Department of Transportation or Illinois State Toll
12Highway Authority specifications.
13    (c) Nothing in this Section shall prohibit or restrict a
14sanitary landfill from accepting for disposal asphalt roofing
15shingles that can be processed into reclaimed asphalt shingles
16meeting Department of Transportation or Illinois State Toll
17Highway Authority specifications but that are either
18commingled with municipal waste, including, but not limited to,
19general construction or demolition debris, or rejected by an
20eligible shingle recycling facility.
21    (d) The owner or operator of an eligible shingle recycling
22facility shall notify the Agency in writing of the name and
23street address of the eligible shingle recycling facility, and
24he or she shall also notify the Agency when the facility's
25status as an eligible shingle recycling facility is rescinded
26or reinstated in accordance with subsection (e) or subsection

 

 

HB2876 Enrolled- 3 -LRB100 09973 MJP 20144 b

1(f) of this Section. The Agency shall post on its website the
2information provided to the Agency under this subsection (d)
3name and address of each site at which the recycling of asphalt
4roofing shingles under a BUD is approved.
5    (e) The Agency may issue a notice of intent to rescind
6recognition as an eligible shingle recycling facility to any
7owner or operator of a shingle recycling facility that, in the
8Agency's judgment, is not in compliance with the terms of the
9facility's BUD. The Agency shall file a copy of the notice with
10the Board no later than 10 days after the date of service of
11the notice on the owner or operator. Each notice issued under
12this subsection (e) shall be served upon the owner or operator,
13or that person's authorized agent for service of process, and
14shall include the following information:
15        (1) a statement specifying the provisions of the BUD
16    which were not complied with;
17        (2) if non-compliance was observed during an
18    inspection by the Agency, a copy of the inspection report
19    in which the Agency recorded the non-compliance, which
20    report shall include the date and time of inspection, and
21    weather conditions prevailing during the inspection;
22        (3) instructions for contesting the notice issued
23    under this subsection (e), including notification that the
24    owner or operator has 35 days within which to file a
25    petition for review before the Board to contest the notice;
26    and

 

 

HB2876 Enrolled- 4 -LRB100 09973 MJP 20144 b

1        (4) an affidavit by the personnel observing the
2    non-compliance, attesting to their material actions and
3    observations.
4    If the owner or operator fails to petition the Board for
5review of the notice within 35 days after the date of service,
6then the Board shall adopt a final order holding that the
7shingle recycling facility is not an eligible shingle recycling
8facility for purposes of this Section. If, within 35 days after
9the date of service, a petition for review is filed before the
10Board to contest a notice issued under this subsection (e),
11then the Agency shall appear as a complainant at a hearing
12before the Board to be conducted in accordance with Section 32
13of this Act. The hearing shall be held not less than 21 days
14after the Board sends a notice of the hearing to the Agency and
15the owner or operator who petitioned for review of the notice.
16In these hearings, the burden of proof shall be on the Agency.
17If, based on the record, the Board finds that the alleged
18non-compliance occurred, then the Board shall adopt a final
19order holding that the shingle recycling facility is not an
20eligible shingle recycling facility for purposes of this
21Section.
22    (f) If the Board has determined under subsection (e) of
23this Section that a shingle recycling facility is not an
24eligible shingle recycling facility, then the owner or operator
25of the facility may file with the Board a motion to have the
26facility reinstated as an eligible shingle recycling facility.

 

 

HB2876 Enrolled- 5 -LRB100 09973 MJP 20144 b

1If, at the time the motion is filed, the owner or operator of
2the facility is able to affirmatively demonstrate, to the
3satisfaction of the Board, that all non-compliance at the
4facility has been corrected, that the facility is in compliance
5with its BUD, and that the facility is not subject to any
6pending enforcement action under this Act, then the Board may
7enter an order reinstating the facility as an eligible shingle
8recycling facility for the purposes of this Section.
9    Before issuing any order under this subsection (f), the
10Board shall conduct an evaluation of the owner or operator's
11prior experience in asphalt shingle recycling operations. The
12Board may deny a petition for reinstatement under this
13subsection (f) if the owner or operator, or any employee or
14officer of the owner or operator, has a history of repeated
15violations of federal, State, or local laws, regulations,
16rules, standards, or ordinances related to the operation of an
17asphalt shingle recycling facility or site, or a history of
18gross carelessness or incompetence in the handling, storing,
19processing, transporting, disposing, or recycling of asphalt
20shingles.
21    (g) Nothing in this Section shall be construed to prevent
22the Agency from issuing an informal warning to an owner or
23operator before issuing a notice of intent to rescind
24recognition as an eligible shingle recycling facility under
25subsection (e) of this Section.
26    (h) Sections 10-25 through 10-60 of the Illinois

 

 

HB2876 Enrolled- 6 -LRB100 09973 MJP 20144 b

1Administrative Procedure Act do not apply to proceedings under
2this Section, and the orders issued by the Board under this
3subsection apply in addition to any other remedy or penalty
4that may be provided under this Act or any other law.
5    No later than January 31 of each year, each recipient of a
6BUD for asphalt roofing shingles shall submit a report to the
7Agency that contains the following information: (i) the total
8quantity of asphalt roofing shingles received under the BUD
9during the previous calendar year; (ii) the beneficial uses
10during the previous calendar year of shingles received under
11the BUD; (iii) the total quantity of shingles used in each
12beneficial use during the previous calendar year; and (iv) the
13total quantity and disposition of any shingles received but not
14beneficially used under the BUD during the previous calendar
15year. The report must be submitted on a form and in a format
16prescribed by the Agency.
17    (i) This Section is repealed on February 1, 2023 2018.
18(Source: P.A. 98-542, eff. 1-1-14.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.