103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1522

 

Introduced 2/8/2023, by Sen. Laura Ellman

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/22.51
415 ILCS 5/22.51a

    Amends the Environmental Protection Act. Provides that within 180 days after the effective date of the amendatory Act, the Pollution Control Board shall adopt amendments to the rules adopted under specified provisions to require groundwater monitoring at all clean construction or demolition debris fill operations and all uncontaminated soil fill operations. Provides that the groundwater monitoring requirements adopted under specified provisions shall be designed to detect and prevent any exceedance of the Board's Class I groundwater quality standards and meet specified requirements. Provides that groundwater monitoring shall be required for all clean construction or demolition debris fill operations and all uncontaminated soil fill operations unless, before the effective date of the amendatory Act, the owner or operator has completed post-closure maintenance and, for clean construction or demolition debris fill operations, received specified notice from the Environmental Protection Agency, or, for uncontaminated soil fill operations, submitted specified information to the Agency. Effective immediately.


LRB103 27635 CPF 54011 b

 

 

A BILL FOR

 

SB1522LRB103 27635 CPF 54011 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 Sections 22.51 and 22.51a as follows:
 
6    (415 ILCS 5/22.51)
7    Sec. 22.51. Clean Construction or Demolition Debris Fill
8Operations.
9    (a) No person shall conduct any clean construction or
10demolition debris fill operation in violation of this Act or
11any regulations or standards adopted by the Board.
12    (b)(1)(A) Beginning August 18, 2005 but prior to July 1,
132008, no person shall use clean construction or demolition
14debris as fill material in a current or former quarry, mine, or
15other excavation, unless they have applied for an interim
16authorization from the Agency for the clean construction or
17demolition debris fill operation.
18    (B) The Agency shall approve an interim authorization upon
19its receipt of a written application for the interim
20authorization that is signed by the site owner and the site
21operator, or their duly authorized agent, and that contains
22the following information: (i) the location of the site where
23the clean construction or demolition debris fill operation is

 

 

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1taking place, (ii) the name and address of the site owner,
2(iii) the name and address of the site operator, and (iv) the
3types and amounts of clean construction or demolition debris
4being used as fill material at the site.
5    (C) The Agency may deny an interim authorization if the
6site owner or the site operator, or their duly authorized
7agent, fails to provide to the Agency the information listed
8in subsection (b)(1)(B) of this Section. Any denial of an
9interim authorization shall be subject to appeal to the Board
10in accordance with the procedures of Section 40 of this Act.
11    (D) No person shall use clean construction or demolition
12debris as fill material in a current or former quarry, mine, or
13other excavation for which the Agency has denied interim
14authorization under subsection (b)(1)(C) of this Section. The
15Board may stay the prohibition of this subsection (D) during
16the pendency of an appeal of the Agency's denial of the interim
17authorization brought under subsection (b)(1)(C) of this
18Section.
19    (2) Beginning September 1, 2006, owners and operators of
20clean construction or demolition debris fill operations shall,
21in accordance with a schedule prescribed by the Agency, submit
22to the Agency applications for the permits required under this
23Section. The Agency shall notify owners and operators in
24writing of the due date for their permit application. The due
25date shall be no less than 90 days after the date of the
26Agency's written notification. Owners and operators who do not

 

 

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1receive a written notification from the Agency by October 1,
22007, shall submit a permit application to the Agency by
3January 1, 2008. The interim authorization of owners and
4operators who fail to submit a permit application to the
5Agency by the permit application's due date shall terminate on
6(i) the due date established by the Agency if the owner or
7operator received a written notification from the Agency prior
8to October 1, 2007, or (ii) or January 1, 2008, if the owner or
9operator did not receive a written notification from the
10Agency by October 1, 2007.
11    (3) On and after July 1, 2008, no person shall use clean
12construction or demolition debris as fill material in a
13current or former quarry, mine, or other excavation (i)
14without a permit granted by the Agency for the clean
15construction or demolition debris fill operation or in
16violation of any conditions imposed by such permit, including
17periodic reports and full access to adequate records and the
18inspection of facilities, as may be necessary to assure
19compliance with this Act and with Board regulations and
20standards adopted under this Act or (ii) in violation of any
21regulations or standards adopted by the Board under this Act.
22    (4) This subsection (b) does not apply to:
23        (A) the use of clean construction or demolition debris
24    as fill material in a current or former quarry, mine, or
25    other excavation located on the site where the clean
26    construction or demolition debris was generated;

 

 

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1        (B) the use of clean construction or demolition debris
2    as fill material in an excavation other than a current or
3    former quarry or mine if this use complies with Illinois
4    Department of Transportation specifications; or
5        (C) current or former quarries, mines, and other
6    excavations that do not use clean construction or
7    demolition debris as fill material.
8    (c) In accordance with Title VII of this Act, the Board may
9adopt regulations to promote the purposes of this Section. The
10Agency shall consult with the mining and construction
11industries during the development of any regulations to
12promote the purposes of this Section.
13        (1) No later than December 15, 2005, the Agency shall
14    propose to the Board, and no later than September 1, 2006,
15    the Board shall adopt, regulations for the use of clean
16    construction or demolition debris as fill material in
17    current and former quarries, mines, and other excavations.
18    Such regulations shall include, but shall not be limited
19    to, standards for clean construction or demolition debris
20    fill operations and the submission and review of permits
21    required under this Section.
22        (2) Until the Board adopts rules under subsection
23    (c)(1) of this Section, all persons using clean
24    construction or demolition debris as fill material in a
25    current or former quarry, mine, or other excavation shall:
26            (A) Assure that only clean construction or

 

 

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1        demolition debris is being used as fill material by
2        screening each truckload of material received using a
3        device approved by the Agency that detects volatile
4        organic compounds. Such devices may include, but are
5        not limited to, photo ionization detectors. All
6        screening devices shall be operated and maintained in
7        accordance with manufacturer's specifications.
8        Unacceptable fill material shall be rejected from the
9        site; and
10            (B) Retain for a minimum of 3 years the following
11        information:
12                (i) The name of the hauler, the name of the
13            generator, and place of origin of the debris or
14            soil;
15                (ii) The approximate weight or volume of the
16            debris or soil; and
17                (iii) The date the debris or soil was
18            received.
19    (d) This Section applies only to clean construction or
20demolition debris that is not considered "waste" as provided
21in Section 3.160 of this Act.
22    (e) For purposes of this Section:
23        (1) The term "operator" means a person responsible for
24    the operation and maintenance of a clean construction or
25    demolition debris fill operation.
26        (2) The term "owner" means a person who has any direct

 

 

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1    or indirect interest in a clean construction or demolition
2    debris fill operation or in land on which a person
3    operates and maintains a clean construction or demolition
4    debris fill operation. A "direct or indirect interest"
5    does not include the ownership of publicly traded stock.
6    The "owner" is the "operator" if there is no other person
7    who is operating and maintaining a clean construction or
8    demolition debris fill operation.
9        (3) The term "clean construction or demolition debris
10    fill operation" means a current or former quarry, mine, or
11    other excavation where clean construction or demolition
12    debris is used as fill material.
13        (4) The term "uncontaminated soil" shall have the same
14    meaning as uncontaminated soil under Section 3.160 of this
15    Act.
16    (f)(1) No later than July 30, 2011 one year after (the
17effective date of P.A. 96-1416) this amendatory Act of the
1896th General Assembly, the Agency shall propose to the Board,
19and, no later than one year after the Board's receipt of the
20Agency's proposal, the Board shall adopt, rules for the use of
21clean construction or demolition debris and uncontaminated
22soil as fill material at clean construction or demolition
23debris fill operations. The rules must include standards and
24procedures necessary to protect groundwater, which may
25include, but shall not be limited to, the following:
26requirements regarding testing and certification of soil used

 

 

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1as fill material, surface water runoff, liners or other
2protective barriers, monitoring (including, but not limited
3to, groundwater monitoring), corrective action, recordkeeping,
4reporting, closure and post-closure care, financial assurance,
5post-closure land use controls, location standards, and the
6modification of existing permits to conform to the
7requirements of this Act and Board rules. The rules may also
8include limits on the use of recyclable concrete and asphalt
9as fill material at clean construction or demolition debris
10fill operations, taking into account factors such as technical
11feasibility, economic reasonableness, and the availability of
12markets for such materials.
13    (2) Until the effective date of the Board rules adopted
14under subdivision (f)(1) of this Section, and in addition to
15any other requirements, owners and operators of clean
16construction or demolition debris fill operations must do all
17of the following in subdivisions (f)(2)(A) through (f)(2)(D)
18of this Section for all clean construction or demolition
19debris and uncontaminated soil accepted for use as fill
20material. The requirements in subdivisions (f)(2)(A) through
21(f)(2)(D) of this Section shall not limit any rules adopted by
22the Board.
23        (A) Document the following information for each load
24    of clean construction or demolition debris or
25    uncontaminated soil received: (i) the name of the hauler,
26    the address of the site of origin, and the owner and the

 

 

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1    operator of the site of origin of the clean construction
2    or demolition debris or uncontaminated soil, (ii) the
3    weight or volume of the clean construction or demolition
4    debris or uncontaminated soil, and (iii) the date the
5    clean construction or demolition debris or uncontaminated
6    soil was received.
7        (B) For all soil, obtain either (i) a certification
8    from the owner or operator of the site from which the soil
9    was removed that the site has never been used for
10    commercial or industrial purposes and is presumed to be
11    uncontaminated soil or (ii) a certification from a
12    licensed Professional Engineer or licensed Professional
13    Geologist that the soil is uncontaminated soil.
14    Certifications required under this subdivision (f)(2)(B)
15    must be on forms and in a format prescribed by the Agency.
16        (C) Confirm that the clean construction or demolition
17    debris or uncontaminated soil was not removed from a site
18    as part of a cleanup or removal of contaminants,
19    including, but not limited to, activities conducted under
20    the Comprehensive Environmental Response, Compensation,
21    and Liability Act of 1980, as amended; as part of a Closure
22    or Corrective Action under the Resource Conservation and
23    Recovery Act, as amended; or under an Agency remediation
24    program, such as the Leaking Underground Storage Tank
25    Program or Site Remediation Program, but excluding sites
26    subject to Section 58.16 of this Act where there is no

 

 

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1    presence or likely presence of a release or a substantial
2    threat of a release of a regulated substance at, on, or
3    from the real property.
4        (D) Document all activities required under subdivision
5    (f)(2) of this Section. Documentation of any chemical
6    analysis must include, but is not limited to, (i) a copy of
7    the lab analysis, (ii) accreditation status of the
8    laboratory performing the analysis, and (iii)
9    certification by an authorized agent of the laboratory
10    that the analysis has been performed in accordance with
11    the Agency's rules for the accreditation of environmental
12    laboratories and the scope of accreditation.
13    (3) Owners and operators of clean construction or
14demolition debris fill operations must maintain all
15documentation required under subdivision (f)(2) of this
16Section for a minimum of 3 years following the receipt of each
17load of clean construction or demolition debris or
18uncontaminated soil, except that documentation relating to an
19appeal, litigation, or other disputed claim must be maintained
20until at least 3 years after the date of the final disposition
21of the appeal, litigation, or other disputed claim. Copies of
22the documentation must be made available to the Agency and to
23units of local government for inspection and copying during
24normal business hours. The Agency may prescribe forms and
25formats for the documentation required under subdivision
26(f)(2) of this Section.

 

 

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1    Chemical analysis conducted under subdivision (f)(2) of
2this Section must be conducted in accordance with the
3requirements of 35 Ill. Adm. Code 742, as amended, and "Test
4Methods for Evaluating Solid Waste, Physical/Chemical
5Methods", USEPA Publication No. SW-846, as amended.
6    (4) Within 180 days after the effective date of this
7amendatory Act of the 103rd General Assembly, the Board shall
8adopt amendments to the rules adopted under subdivision (f)(1)
9of this Section to require groundwater monitoring at all clean
10construction or demolition debris fill operations. The
11groundwater monitoring requirements adopted under this
12subdivision shall be designed to detect and prevent any
13exceedance of the Board's Class I groundwater quality
14standards. The groundwater monitoring requirements adopted
15under this subdivision shall include, but shall not be limited
16to, the following: groundwater monitoring frequency; a
17methodology specifying the minimum required number of
18groundwater monitoring wells and well locations that must be
19reviewed and approved by the Agency; installation of the
20groundwater monitoring system within one year after the Board
21adopts these rules; monitoring duration, which shall include
22post-closure monitoring for at least 5 years after the Agency
23issues to the owner or operator a certification of closure;
24remedial action procedures to address any exceedance of the
25Class I groundwater standards; and financial assurance for
26corrective action, closure, and post-closure. Groundwater

 

 

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1monitoring shall be required for all clean construction or
2demolition debris fill operations unless, before the effective
3date of this amendatory Act of the 103rd General Assembly, the
4owner or operator has completed post-closure maintenance and
5received written notification from the Agency that the permit
6is terminated.
7    (g)(1) No person shall use soil other than uncontaminated
8soil as fill material at a clean construction or demolition
9debris fill operation.
10    (2) No person shall use construction or demolition debris
11other than clean construction or demolition debris as fill
12material at a clean construction or demolition debris fill
13operation.
14(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
 
15    (415 ILCS 5/22.51a)
16    Sec. 22.51a. Uncontaminated Soil Fill Operations.
17    (a) For purposes of this Section:
18        (1) The term "uncontaminated soil" shall have the same
19    meaning as uncontaminated soil under Section 3.160 of this
20    Act.
21        (2) The term "uncontaminated soil fill operation"
22    means a current or former quarry, mine, or other
23    excavation where uncontaminated soil is used as fill
24    material, but does not include a clean construction or
25    demolition debris fill operation.

 

 

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1    (b) No person shall use soil other than uncontaminated
2soil as fill material at an uncontaminated soil fill
3operation.
4    (c) Owners and operators of uncontaminated soil fill
5operations must register the fill operations with the Agency.
6Uncontaminated soil fill operations that received
7uncontaminated soil prior to the effective date of this
8amendatory Act of the 96th General Assembly must be registered
9with the Agency no later than March 31, 2011. Uncontaminated
10soil fill operations that first receive uncontaminated soil on
11or after the effective date of this amendatory Act of the 96th
12General Assembly must be registered with the Agency prior to
13the receipt of any uncontaminated soil. Registrations must be
14submitted on forms and in a format prescribed by the Agency.
15    (d)(1) No later than July 30, 2011 one year after (the
16effective date of P.A. 96-1416) this amendatory Act of the
1796th General Assembly, the Agency shall propose to the Board,
18and, no later than one year after the Board's receipt of the
19Agency's proposal, the Board shall adopt, rules for the use of
20uncontaminated soil as fill material at uncontaminated soil
21fill operations. The rules must include standards and
22procedures necessary to protect groundwater, which shall
23include, but shall not be limited to, testing and
24certification of soil used as fill material and requirements
25for recordkeeping.
26    (2) Until the effective date of the Board rules adopted

 

 

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1under subdivision (d)(1) of this Section, owners and operators
2of uncontaminated soil fill operations must do all of the
3following in subdivisions (d)(2)(A) through (d)(2)(F) of this
4Section for all uncontaminated soil accepted for use as fill
5material. The requirements in subdivisions (d)(2)(A) through
6(d)(2)(F) of this Section shall not limit any rules adopted by
7the Board.
8        (A) Document the following information for each load
9    of uncontaminated soil received: (i) the name of the
10    hauler, the address of the site of origin, and the owner
11    and the operator of the site of origin of the
12    uncontaminated soil, (ii) the weight or volume of the
13    uncontaminated soil, and (iii) the date the uncontaminated
14    soil was received.
15        (B) Obtain either (i) a certification from the owner
16    or operator of the site from which the soil was removed
17    that the site has never been used for commercial or
18    industrial purposes and is presumed to be uncontaminated
19    soil or (ii) a certification from a licensed Professional
20    Engineer or a licensed Professional Geologist that the
21    soil is uncontaminated soil. Certifications required under
22    this subdivision (d)(2)(B) must be on forms and in a
23    format prescribed by the Agency.
24        (C) Confirm that the uncontaminated soil was not
25    removed from a site as part of a cleanup or removal of
26    contaminants, including, but not limited to, activities

 

 

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1    conducted under the Comprehensive Environmental Response,
2    Compensation, and Liability Act of 1980, as amended; as
3    part of a Closure or Corrective Action under the Resource
4    Conservation and Recovery Act, as amended; or under an
5    Agency remediation program, such as the Leaking
6    Underground Storage Tank Program or Site Remediation
7    Program, but excluding sites subject to Section 58.16 of
8    this Act where there is no presence or likely presence of a
9    release or a substantial threat of a release of a
10    regulated substance at, on, or from the real property.
11        (D) Visually inspect each load to confirm that only
12    uncontaminated soil is being accepted for use as fill
13    material.
14        (E) Screen each load of uncontaminated soil using a
15    device that is approved by the Agency and detects volatile
16    organic compounds. Such a device may include, but is not
17    limited to, a photo ionization detector or a flame
18    ionization detector. All screening devices shall be
19    operated and maintained in accordance with the
20    manufacturer's specifications. Unacceptable soil must be
21    rejected from the fill operation.
22        (F) Document all activities required under subdivision
23    (d)(2) of this Section. Documentation of any chemical
24    analysis must include, but is not limited to, (i) a copy of
25    the lab analysis, (ii) accreditation status of the
26    laboratory performing the analysis, and (iii)

 

 

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1    certification by an authorized agent of the laboratory
2    that the analysis has been performed in accordance with
3    the Agency's rules for the accreditation of environmental
4    laboratories and the scope of accreditation.
5    (3) Owners and operators of uncontaminated soil fill
6operations must maintain all documentation required under
7subdivision (d)(2) of this Section for a minimum of 3 years
8following the receipt of each load of uncontaminated soil,
9except that documentation relating to an appeal, litigation,
10or other disputed claim must be maintained until at least 3
11years after the date of the final disposition of the appeal,
12litigation, or other disputed claim. Copies of the
13documentation must be made available to the Agency and to
14units of local government for inspection and copying during
15normal business hours. The Agency may prescribe forms and
16formats for the documentation required under subdivision
17(d)(2) of this Section.
18    Chemical analysis conducted under subdivision (d)(2) of
19this Section must be conducted in accordance with the
20requirements of 35 Ill. Adm. Code 742, as amended, and "Test
21Methods for Evaluating Solid Waste, Physical/Chemical
22Methods", USEPA Publication No. SW-846, as amended.
23    (4) Within 180 days after the effective date of this
24amendatory Act of the 103rd General Assembly, the Board shall
25adopt amendments to the rules adopted under subdivision (d)(1)
26of this Section to require groundwater monitoring at all

 

 

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1uncontaminated soil fill operations. The groundwater
2monitoring requirements adopted under this subdivision shall
3be designed to detect and prevent any exceedance of the
4Board's Class I groundwater quality standards. The groundwater
5monitoring requirements adopted under this subdivision shall
6include, but shall not be limited to, the following:
7groundwater monitoring frequency; a methodology specifying the
8minimum required number of groundwater monitoring wells and
9well locations that must be reviewed and approved by the
10Agency; installation of the groundwater monitoring system
11within one year after the Board adopts these rules; monitoring
12duration, which shall include post-closure monitoring for at
13least 5 years after the Agency receives the owner's or
14operator's certification of closure; remedial action
15procedures to address any exceedance of the Class I
16groundwater standards; and financial assurance for corrective
17action, closure, and post-closure. Groundwater monitoring
18shall be required for all uncontaminated soil fill operations
19unless, before the effective date of this amendatory Act of
20the 103rd General Assembly, the owner or operator has
21submitted to the Agency: (A) a certification by a licensed
22Professional Engineer or licensed Professional Geologist that
23post-closure maintenance has been completed; and (B) an
24affidavit demonstrating that post-closure maintenance is no
25longer necessary.
26(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
 

 

 

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