Sen. Andy Manar

Filed: 4/5/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1649

2    AMENDMENT NO. ______. Amend Senate Bill 1649 by replacing
3everything after the enacting clause with the following:
 
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7    (Section scheduled to be repealed on February 1, 2018)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

 

 

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1    terms of that BUD;
2        (2) is listed on the Department of Transportation's
3    "Qualified Producer List of Certified Sources for
4    Reclaimed Asphalt Shingles" or identified as an approved
5    producer of reclaimed asphalt shingles by the Illinois
6    State Toll Highway Authority; and
7        (3) accepts all delivered loads of asphalt roofing
8    shingles that can be processed into reclaimed asphalt
9    shingles meeting Department of Transportation or Illinois
10    State Toll Highway Authority specifications.
11    (b) No owner or operator of a sanitary landfill that is
12located within a 25-mile radius of an eligible shingle
13recycling facility a site where asphalt roofing shingles are
14recycled under a Beneficial Use Determination (BUD) issued by
15the Agency pursuant to Section 22.54 of this Act shall accept
16for disposal loads of whole or processed asphalt roofing
17shingles that can be processed into reclaimed asphalt shingles
18meeting Department of Transportation or Illinois State Toll
19Highway Authority specifications.
20    (c) Nothing in this Section shall prohibit or restrict a
21sanitary landfill from accepting for disposal asphalt roofing
22shingles that can be processed into reclaimed asphalt shingles
23meeting Department of Transportation or Illinois State Toll
24Highway Authority specifications but that are either
25commingled with municipal waste, including, but not limited to,
26general construction or demolition debris, or rejected by an

 

 

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6status as an eligible shingle recycling facility is rescinded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

 

 

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

 

 

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1eligible shingle recycling facility for purposes of this
2Section.
3    (f) If the Board has determined under subsection (e) of
4this Section that a shingle recycling facility is not an
5eligible shingle recycling facility, then the owner or operator
6of the facility may file with the Board a motion to have the
7facility reinstated as an eligible shingle recycling facility.
8If, at the time the motion is filed, the owner or operator of
9the facility is able to affirmatively demonstrate, to the
10satisfaction of the Board, that all non-compliance at the
11facility has been corrected, that the facility is in compliance
12with its BUD, and that the facility is not subject to any
13pending enforcement action under this Act, then the Board may
14enter an order reinstating the facility as an eligible shingle
15recycling facility for the purposes of this Section.
16    Before issuing any order under this subsection (f), the
17Board shall conduct an evaluation of the owner or operator's
18prior experience in asphalt shingle recycling operations. The
19Board may deny a petition for reinstatement under this
20subsection (f) if the owner or operator, or any employee or
21officer of the owner or operator, has a history of repeated
22violations of federal, State, or local laws, regulations,
23rules, standards, or ordinances related to the operation of an
24asphalt shingle recycling facility or site, or a history of
25gross carelessness or incompetence in the handling, storing,
26processing, transporting, disposing, or recycling of asphalt

 

 

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1shingles.
2    (g) Nothing in this Section shall be construed to prevent
3the Agency from issuing an informal warning to an owner or
4operator before issuing a notice of intent to rescind
5recognition as an eligible shingle recycling facility under
6subsection (e) of this Section.
7    (h) Sections 10-25 through 10-60 of the Illinois
8Administrative Procedure Act do not apply to proceedings under
9this Section, and the orders issued by the Board under this
10subsection apply in addition to any other remedy or penalty
11that may be provided under this Act or any other law.
12    No later than January 31 of each year, each recipient of a
13BUD for asphalt roofing shingles shall submit a report to the
14Agency that contains the following information: (i) the total
15quantity of asphalt roofing shingles received under the BUD
16during the previous calendar year; (ii) the beneficial uses
17during the previous calendar year of shingles received under
18the BUD; (iii) the total quantity of shingles used in each
19beneficial use during the previous calendar year; and (iv) the
20total quantity and disposition of any shingles received but not
21beneficially used under the BUD during the previous calendar
22year. The report must be submitted on a form and in a format
23prescribed by the Agency.
24    (i) This Section is repealed on February 1, 2023 2018.
25(Source: P.A. 98-542, eff. 1-1-14.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".