Full Text of SB1543 97th General Assembly
SB1543sam003 97TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 3/28/2011
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| 1 | | AMENDMENT TO SENATE BILL 1543
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1543, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment No. | 4 | | 2, as follows: | 5 | | on page 1, line 5, by replacing "Sections 3.160 and 22.54" with | 6 | | "Section 22.38"; and
| 7 | | by replacing page 1, line 6, through page 10, line 19, with the | 8 | | following:
| 9 | | "(415 ILCS 5/22.38)
| 10 | | Sec. 22.38. Facilities accepting exclusively general | 11 | | construction or
demolition debris
for transfer, storage, or | 12 | | treatment.
| 13 | | (a) Facilities accepting exclusively general construction | 14 | | or demolition
debris for
transfer, storage, or treatment shall | 15 | | be subject to local zoning, ordinance,
and
land use |
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| 1 | | requirements.
Those facilities shall be located in accordance | 2 | | with local zoning requirements
or, in the absence of local | 3 | | zoning requirements, shall be located so that no
part of the | 4 | | facility boundary is closer than 1,320 feet from the nearest
| 5 | | property zoned for primarily residential use.
| 6 | | (b) An owner or operator of a facility accepting | 7 | | exclusively general
construction or demolition debris for | 8 | | transfer, storage, or treatment shall:
| 9 | | (1) Within 48 hours of receipt of the general | 10 | | construction or demolition
debris at the facility, sort the | 11 | | general construction or demolition debris to
separate the
| 12 | | recyclable general construction or demolition debris and | 13 | | recovered wood that is processed for use as fuel from | 14 | | non-recyclable
general construction or demolition debris | 15 | | to be disposed of or discarded.
| 16 | | (2) Transport off site for disposal all non-recyclable | 17 | | general
construction or demolition debris that is neither | 18 | | recyclable general construction or demolition debris nor | 19 | | recovered wood that is processed for use as fuel in
| 20 | | accordance with all applicable federal, State, and local | 21 | | requirements within 72
hours of its receipt at the | 22 | | facility.
| 23 | | (3) Limit the percentage of incoming non-recyclable | 24 | | general construction
or demolition debris to 25% or
less of | 25 | | the total incoming general construction or demolition | 26 | | debris,
as calculated on a daily basis, so that 75% or more |
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| 1 | | of the general construction or demolition debris accepted | 2 | | on a daily basis consists of recyclable general | 3 | | construction or demolition debris, recovered wood that is | 4 | | processed for use as fuel, or both.
| 5 | | (4) Transport all non-putrescible recyclable general | 6 | | construction or
demolition debris
for recycling or | 7 | | disposal within 6 months of its receipt at the facility.
| 8 | | (5) Within 45 days of its receipt at the facility, | 9 | | transport (i) all putrescible or combustible recyclable | 10 | | general
construction or demolition debris
(excluding | 11 | | recovered wood that is processed for use as fuel) for | 12 | | recycling or disposal and (ii) all recovered wood that is | 13 | | processed for use as fuel to an intermediate processing | 14 | | facility for sizing, to a combustion facility for use as | 15 | | fuel, or to a disposal facility.
| 16 | | (6) Employ tagging and recordkeeping procedures to (i) | 17 | | demonstrate
compliance
with this Section and (ii) identify | 18 | | the source and transporter of material
accepted by the | 19 | | facility.
| 20 | | (7) Control odor, noise, combustion of materials, | 21 | | disease vectors, dust,
and litter.
| 22 | | (8) Control, manage, and dispose of any storm water | 23 | | runoff and leachate
generated at the facility in accordance | 24 | | with applicable federal, State, and
local requirements.
| 25 | | (9) Control access to the facility.
| 26 | | (10) Comply with all applicable federal, State, or |
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| 1 | | local requirements for
the handling, storage, | 2 | | transportation, or disposal of asbestos-containing
| 3 | | material or other material accepted at the
facility that is | 4 | | not general construction or demolition debris.
| 5 | | (11) Prior to August 24, 2009 (the effective date of | 6 | | Public Act 96-611), submit to the Agency at least 30 days | 7 | | prior to the initial acceptance
of general construction or | 8 | | demolition debris at the facility, on forms provided
by the | 9 | | Agency, the following information:
| 10 | | (A) the name, address, and telephone number of both | 11 | | the facility owner
and operator;
| 12 | | (B) the street address and location of the | 13 | | facility;
| 14 | | (C) a description of facility operations;
| 15 | | (D) a description of the tagging and recordkeeping | 16 | | procedures the
facility will employ to (i) demonstrate | 17 | | compliance with this Section and (ii)
identify the | 18 | | source and transporter of any material accepted by the | 19 | | facility;
| 20 | | (E) the name and location of the disposal sites to | 21 | | be used for the
disposal of any general construction or | 22 | | demolition debris received at the facility that must be | 23 | | disposed of;
| 24 | | (F) the name and location of an individual, | 25 | | facility, or business to
which recyclable materials | 26 | | will be transported;
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| 1 | | (G) the name and location of intermediate | 2 | | processing facilities or combustion facilities to | 3 | | which recovered wood that is processed for use as fuel | 4 | | will be transported; and
| 5 | | (H) other information as specified on the form | 6 | | provided by the Agency.
| 7 | | (12) On or after August 24, 2009 (the effective date of | 8 | | Public Act 96-611), obtain a permit issued by the Agency | 9 | | prior to the initial acceptance of general construction or | 10 | | demolition debris at the facility.
| 11 | | When any of the information contained or processes | 12 | | described in the initial
notification form submitted to the | 13 | | Agency changes, the owner and operator shall
submit an | 14 | | updated form within 14 days of the change.
| 15 | | (c) For purposes of this Section, the term "recyclable | 16 | | general
construction or demolition debris" means general | 17 | | construction or demolition
debris that has been rendered | 18 | | reusable and is reused or that would otherwise
be disposed of | 19 | | or discarded but is collected, separated, or processed and
| 20 | | returned to the economic mainstream in the form of raw | 21 | | materials or products.
"Recyclable general construction or | 22 | | demolition debris" does not include general
construction or | 23 | | demolition debris processed for use as fuel, incinerated,
| 24 | | burned, buried, or otherwise used as fill material.
| 25 | | (d) For purposes of this Section, "treatment" means | 26 | | processing
designed to alter the physical nature of the general |
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| 1 | | construction or
demolition debris, including but not limited to | 2 | | size reduction, crushing,
grinding, or
homogenization, but | 3 | | does not include processing designed to change the chemical
| 4 | | nature of the general construction or demolition debris.
| 5 | | (e) For purposes of this Section, "recovered wood that is | 6 | | processed for use as fuel" means wood that has been salvaged | 7 | | from general construction or demolition debris and processed | 8 | | for use as fuel, as authorized by the applicable state or | 9 | | federal environmental regulatory authority, and supplied only | 10 | | to intermediate processing facilities for sizing, or to | 11 | | combustion facilities for use as fuel, that have obtained all | 12 | | necessary waste management and air permits for handling and | 13 | | combustion of the fuel. | 14 | | (f) For purposes of this Section, "non-recyclable general | 15 | | construction or demolition debris" does not include "recovered | 16 | | wood that is processed for use as fuel". | 17 | | (g) Recyclable general construction or demolition debris | 18 | | or recovered wood that is processed for use as fuel that is | 19 | | sent for disposal at the end of the applicable retention period | 20 | | shall not be considered as meeting the 75% diversion | 21 | | requirement for purposes of subdivision (b)(3) of this Section. | 22 | | (h) For purposes of the 75% diversion requirement under | 23 | | subdivision (b)(3) of this Section, owners and operators of | 24 | | facilities accepting exclusively general construction or | 25 | | demolition debris for transfer, storage, or treatment may | 26 | | multiply by 2 the amount of accepted asphalt roofing shingles |
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| 1 | | that are transferred to a facility for recycling in accordance | 2 | | with a beneficial use determination issued under Section 22.54 | 3 | | of this Act. The owner or operator of the facility accepting | 4 | | exclusively general construction or demolition debris for | 5 | | transfer, storage, or treatment must maintain receipts from the | 6 | | shingle recycling facility that document the amounts of asphalt | 7 | | roofing shingles transferred for recycling in accordance with | 8 | | the beneficial use determination. All receipts must be | 9 | | maintained for a minimum of 3 years and must be made available | 10 | | to the Agency for inspection and copying during normal business | 11 | | hours. | 12 | | (Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09; | 13 | | 96-1000, eff. 7-2-10.)"; and
| 14 | | on page 11, line 11, immediately after " other ", by inserting | 15 | | " lowest-cost "; and | 16 | | on page 11, line 11, immediately after " mix ", by inserting " so | 17 | | long as there is no detrimental impact on life-cycle costs "; | 18 | | and | 19 | | on page 12, line 13, by replacing " subsection (d) of Section | 20 | | 21 " with " Section 39 ".
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