Illinois General Assembly - Illinois Compiled Statutes

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415 ILCS 5/3.160

    (415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
    Sec. 3.160. Construction or demolition debris.

(a) "General construction or demolition debris" means non-hazardous,
uncontaminated materials resulting from the construction, remodeling, repair,
and demolition of utilities, structures, and roads, limited to the following:
bricks, concrete, and other masonry materials; soil; rock; wood, including
non-hazardous painted, treated, and coated wood and wood products; wall
coverings;  plaster; drywall; plumbing fixtures; non-asbestos insulation;
roofing shingles and other roof coverings; reclaimed or other asphalt pavement; glass;
plastics that are not sealed in a manner that conceals waste; electrical
wiring and components containing no hazardous substances; and corrugated cardboard, piping or metals
incidental to any of those materials.

General construction or demolition debris does not include uncontaminated
soil generated during construction, remodeling, repair, and demolition of
utilities, structures, and roads provided the uncontaminated soil is not
commingled with any general construction or demolition debris or other waste.

To the extent allowed by federal law, uncontaminated concrete with protruding rebar shall be considered clean construction or demolition debris and shall not be considered "waste" if it is separated or processed and returned to the economic mainstream in the form of raw materials or products within 4 years of its generation, if it is not speculatively accumulated and, if used as a fill material, it is used in accordance with item (i) in subsection (b) of this Section.

(a-1) "General construction or demolition debris recovery facility" means a site or facility used to store or treat exclusively general construction or demolition debris, including, but not limited to, sorting, separating, or transferring, for recycling, reclamation, or reuse.  For purposes of this definition, treatment includes altering the physical nature of the general construction or demolition debris, such as by size reduction, crushing, grinding, or homogenization, but does not include treatment designed to change the chemical nature of the general construction or demolition debris.

(b) "Clean construction or demolition debris" means
uncontaminated broken concrete without protruding metal bars, bricks, rock,
stone, reclaimed or other asphalt pavement, or soil generated from construction or
demolition activities.

Clean construction or demolition debris does not include uncontaminated soil
generated during construction, remodeling, repair, and demolition of utilities,
structures, and roads provided the uncontaminated soil is not commingled with
any clean construction or demolition debris or other waste.

To the extent allowed by federal law, clean construction or demolition debris
shall not be considered "waste" if it is (i) used as fill material outside of a setback zone if the fill is placed no higher than the
highest point of elevation existing prior to the filling immediately adjacent
to the fill area, and if covered by sufficient uncontaminated soil to
support vegetation within 30 days of the completion of filling or if covered
by a road or structure, and, if used as fill material in a current or former quarry, mine, or other excavation, is used in accordance with the requirements of Section 22.51 of this Act and the rules adopted thereunder or (ii) separated or processed and returned to the
economic mainstream in the form of raw materials or products, if it is not
speculatively accumulated and, if used as a fill material, it is used in
accordance with item (i), or (iii) solely
broken concrete without protruding metal bars used for erosion control, or
(iv) generated from the construction or demolition of a building, road, or
other structure and used to construct, on the site where the construction or
demolition has taken place, a manmade
functional structure not to exceed 20 feet above the highest point of
elevation of the property immediately adjacent to the new manmade functional
structure as that elevation existed prior to the creation of that new
structure,
provided that the structure shall be covered with sufficient soil
materials to sustain vegetation or by a road or structure, and further
provided that no such structure shall be constructed within
a home rule municipality with a population over 500,000 without the consent
of the municipality.

For purposes of this subsection (b), reclaimed or other asphalt pavement shall not be considered speculatively accumulated if: (i) it is not commingled with any other clean construction or demolition debris or any waste; (ii) it is returned to the economic mainstream in the form of raw materials or products within 4 years after its generation; (iii) at least 25% of the total amount present at a site during a calendar year is transported off of the site during the next calendar year; and (iv) if used as a fill material, it is used in accordance with item (i) of the second  paragraph of this subsection (b).

(c)  For purposes of this Section, the term "uncontaminated soil" means soil that does not contain contaminants in concentrations that pose a threat to human health and safety and the environment.

(1) No later than one year after the effective date

of this amendatory Act of the 96th General Assembly, the Agency shall propose, and, no later than one year after receipt of the Agency's proposal, the Board shall adopt, rules specifying the maximum concentrations of contaminants that may be present in uncontaminated soil for purposes of this Section.  For carcinogens, the maximum concentrations shall not allow exposure to exceed an excess upper-bound lifetime risk of 1 in 1,000,000; provided that if the most stringent remediation objective or applicable background concentration for a contaminant set forth in 35 Ill. Adm. Code 742 is greater than the concentration that would allow exposure at an excess upper-bound lifetime risk of 1 in 1,000,000, the Board may consider allowing that contaminant in concentrations up to its most stringent remediation objective or applicable background concentration set forth in 35 Ill. Adm. Code 742 in soil used as fill material in a current or former quarry, mine, or other excavation in accordance with Section 22.51 or 22.51a of this Act and rules adopted under those Sections.  Any background concentration set forth in 35 Ill. Adm. Code 742 that is adopted as a maximum concentration must be based upon the location of the quarry, mine, or other excavation where the soil is used as fill material.

(2) To the extent allowed under federal law and

regulations, uncontaminated soil shall not be considered a waste.

(Source: P.A. 102-310, eff. 8-6-21.)