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Public Act 91-0909
HB3457 Enrolled LRB9111304ACtm
AN ACT to amend the Environmental Protection Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended
by changing Sections 3.78a and 58.5 and by adding Section
58.17 as follows:
(415 ILCS 5/3.78a)
Sec. 3.78a. "Clean construction or demolition debris"
means uncontaminated broken concrete without protruding metal
bars, bricks, rock, stone, reclaimed 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 when (i) used as fill material below grade
outside of a setback zone 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, or (ii) separated or processed and returned to the
economic mainstream in the form of raw materials or products,
if provided 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
is 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, an above-grade
area shaped so as to blend into an extension of the
surrounding topography or an above-grade manmade functional
structure not to exceed 20 feet in height, provided that the
area or structure shall be covered with sufficient soil
materials to sustain vegetation or by a road or structure,
and further provided that no such area or structure shall be
constructed within a home rule municipality with a population
over 500,000.
(Source: P.A. 90-475, eff. 8-17-97; 90-761, eff. 8-14-98.)
(415 ILCS 5/58.5)
Sec. 58.5. Risk-based remediation objectives.
(a) Determination of remediation objectives. This
Section establishes the procedures for determining risk-based
remediation objectives for sites subject to this Title.
(b) Background area remediation objectives.
(1) Except as provided in subdivisions (b)(2) or
(b)(3) of this Section, remediation objectives
established under this Section shall not require
remediation of regulated substances to levels that are
less than area background levels.
(2) In the event that the concentration of a
regulated substance of concern on the site exceeds a
remediation objective adopted by the Board for
residential land use, the property may not be converted
to residential use unless such remediation objective or
an alternate risk-based remediation objective for that
regulated substance of concern is first achieved.
(3) In the event that the Agency has determined in
writing that the background level for a regulated
substance poses an acute threat to human health or the
environment at the site when considering the
post-remedial action land use, the RA shall develop
appropriate risk-based remediation objectives in
accordance with this Section.
(c) Regulations establishing remediation objectives and
methodologies for deriving remediation objectives for
individual or classes of regulated substances shall be
adopted by the Board in accordance with this Section and
Section 58.11.
(1) The regulations shall provide for the adoption
of a three-tiered process for a RA to establish
remediation objectives protective of human health and the
environment based on identified risks and specific site
characteristics at and around the site.
(2) The regulations shall provide procedures for
using alternative tiers in developing remediation
objectives for multiple regulated substances.
(3) The regulations shall provide procedures for
determining area background contaminant levels.
(4) The methodologies adopted under this Section
shall ensure that the following factors are taken into
account in determining remediation objectives:
(A) potential risks posed by carcinogens and
noncarcinogens; and
(B) the presence of multiple substances of
concern and multiple exposure pathways.
(d) In developing remediation objectives under
subsection (c) of this Section, the methodology proposed and
adopted shall establish tiers addressing manmade and natural
pathways of exposure, including but not limited to human
ingestion, human inhalation, and groundwater protection.
For carcinogens, soil and groundwater remediation objectives
shall be established at exposures that represent an excess
upper-bound lifetime risk of between 1 in 10,000 and 1 in
1,000,000 as appropriate for the post-remedial action use,
except that remediation objectives protecting residential use
shall be based on exposures that represent an excess
upper-bound lifetime risk of 1 in 1,000,000. No groundwater
remediation objective adopted pursuant to this Section shall
be more restrictive than the applicable Class I or Class III
Groundwater Quality Standard adopted by the Board. At a
minimum, the objectives shall include the following:
(1) Tier I remediation objectives expressed as a
table of numeric values for soil and groundwater. Such
objectives may be of different values dependent on
potential pathways at the site and different land uses,
including residential and nonresidential uses.
(2) Tier II remediation objectives shall include
the formulae and equations used to derive the Tier II
objectives and input variables for use in the formulae.
The RA may alter the input variables when it is
demonstrated that the specific circumstances at and
around the site including land uses warrant such
alternate variables.
(3) Tier III remediation objectives shall include
methodologies to allow for the development of
site-specific risk-based remediation objectives for soil
or groundwater, or both, for regulated substances. Such
methodology shall allow for different remediation
objectives for residential and various categories of
non-residential land uses. The Board's future adoption
of a methodology pursuant to this Section shall in no way
preclude the use of a nationally recognized methodology
to be used for the development of site-specific
risk-based objectives for regulated substances under this
Section. In determining Tier III remediation objectives
under this subsection, all of the following factors shall
be considered:
(A) The use of specific site characteristic
data.
(B) The use of appropriate exposure factors
for the current and currently planned future land
use of the site and adjacent property and the
effectiveness of engineering, institutional, or
legal controls placed on the current or future use
of the site.
(C) The use of appropriate statistical
methodologies to establish statistically valid
remediation objectives.
(D) The actual and potential impact of
regulated substances to receptors.
(4) For regulated substances that have a
groundwater quality standard established pursuant to the
Illinois Groundwater Protection Act and rules promulgated
thereunder, site specific groundwater remediation
objectives may be proposed under the methodology
established in subdivision (d) (3) of this Section at
values greater than the groundwater quality standards.
(A) The RA proposing any site specific
groundwater remediation objective at a value greater
than the applicable groundwater quality standard
shall demonstrate:
(i) To the extent practical, the
exceedance of the groundwater quality standard
has been minimized and beneficial use
appropriate to the groundwater that was
impacted has been returned; and
(ii) Any threat to human health or the
environment has been minimized.
(B) The rules proposed by the Agency and
adopted by the Board under this Section shall
include criteria required for the demonstration of
the suitability of groundwater objectives proposed
under subdivision (b) (4) (A) of this Section.
(e) The rules proposed by the Agency and adopted by the
Board under this Section shall include conditions for the
establishment and duration of groundwater management zones by
rule, as appropriate, at sites undergoing remedial action
under this Title.
(f) Until such time as the Board adopts remediation
objectives under this Section, the remediation objectives
adopted by the Board under Title XVI of this Act shall apply
to all environmental assessments and soil or groundwater
remedial action conducted under this Title.
(Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96;
89-626, eff. 8-9-96.)
(415 ILCS 5/58.17 new)
Sec. 58.17. Environmental Land Use Control. No later
than 2 months after the effective date of this amendatory Act
of the 91st General Assembly, the Agency, after consideration
of the recommendations of the Regulations and Site
Remediation Advisory Committee, shall propose rules creating
an instrument to be known as the Environmental Land Use
Control (ELUC). Within 6 months after receipt of the
Agency's proposed rules, the Board shall adopt, pursuant to
Sections 27 and 28 of this Act, rules creating the ELUC that
establish land use limitations or obligations on the use of
real property when necessary to manage risk to human health
or the environment arising from contamination left in place
pursuant to the procedures set forth in Section 58.5 of this
Act or 35 Ill. Adm. Code 742. The rules shall include
provisions addressing establishment, content, recording,
duration, and enforcement of ELUCs.
Section 99. Effective date. This Act takes effect upon
becoming law.
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