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91_HB3457enr
HB3457 Enrolled LRB9111304ACtm
1 AN ACT to amend the Environmental Protection Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended
5 by changing Sections 3.78a and 58.5 and by adding Section
6 58.17 as follows:
7 (415 ILCS 5/3.78a)
8 Sec. 3.78a. "Clean construction or demolition debris"
9 means uncontaminated broken concrete without protruding metal
10 bars, bricks, rock, stone, reclaimed asphalt pavement, or
11 soil generated from construction or demolition activities.
12 Clean construction or demolition debris does not include
13 uncontaminated soil generated during construction,
14 remodeling, repair, and demolition of utilities, structures,
15 and roads provided the uncontaminated soil is not commingled
16 with any clean construction or demolition debris or other
17 waste. To the extent allowed by federal law, clean
18 construction or demolition debris shall not be considered
19 "waste" if it is when (i) used as fill material below grade
20 outside of a setback zone if covered by sufficient
21 uncontaminated soil to support vegetation within 30 days of
22 the completion of filling or if covered by a road or
23 structure, or (ii) separated or processed and returned to the
24 economic mainstream in the form of raw materials or products,
25 if provided it is not speculatively accumulated and, if used
26 as a fill material, it is used in accordance with item (i),
27 or (iii) solely broken concrete without protruding metal bars
28 is used for erosion control, or (iv) generated from the
29 construction or demolition of a building, road, or other
30 structure and used to construct, on the site where the
31 construction or demolition has taken place, an above-grade
HB3457 Enrolled -2- LRB9111304ACtm
1 area shaped so as to blend into an extension of the
2 surrounding topography or an above-grade manmade functional
3 structure not to exceed 20 feet in height, provided that the
4 area or structure shall be covered with sufficient soil
5 materials to sustain vegetation or by a road or structure,
6 and further provided that no such area or structure shall be
7 constructed within a home rule municipality with a population
8 over 500,000.
9 (Source: P.A. 90-475, eff. 8-17-97; 90-761, eff. 8-14-98.)
10 (415 ILCS 5/58.5)
11 Sec. 58.5. Risk-based remediation objectives.
12 (a) Determination of remediation objectives. This
13 Section establishes the procedures for determining risk-based
14 remediation objectives for sites subject to this Title.
15 (b) Background area remediation objectives.
16 (1) Except as provided in subdivisions (b)(2) or
17 (b)(3) of this Section, remediation objectives
18 established under this Section shall not require
19 remediation of regulated substances to levels that are
20 less than area background levels.
21 (2) In the event that the concentration of a
22 regulated substance of concern on the site exceeds a
23 remediation objective adopted by the Board for
24 residential land use, the property may not be converted
25 to residential use unless such remediation objective or
26 an alternate risk-based remediation objective for that
27 regulated substance of concern is first achieved.
28 (3) In the event that the Agency has determined in
29 writing that the background level for a regulated
30 substance poses an acute threat to human health or the
31 environment at the site when considering the
32 post-remedial action land use, the RA shall develop
33 appropriate risk-based remediation objectives in
HB3457 Enrolled -3- LRB9111304ACtm
1 accordance with this Section.
2 (c) Regulations establishing remediation objectives and
3 methodologies for deriving remediation objectives for
4 individual or classes of regulated substances shall be
5 adopted by the Board in accordance with this Section and
6 Section 58.11.
7 (1) The regulations shall provide for the adoption
8 of a three-tiered process for a RA to establish
9 remediation objectives protective of human health and the
10 environment based on identified risks and specific site
11 characteristics at and around the site.
12 (2) The regulations shall provide procedures for
13 using alternative tiers in developing remediation
14 objectives for multiple regulated substances.
15 (3) The regulations shall provide procedures for
16 determining area background contaminant levels.
17 (4) The methodologies adopted under this Section
18 shall ensure that the following factors are taken into
19 account in determining remediation objectives:
20 (A) potential risks posed by carcinogens and
21 noncarcinogens; and
22 (B) the presence of multiple substances of
23 concern and multiple exposure pathways.
24 (d) In developing remediation objectives under
25 subsection (c) of this Section, the methodology proposed and
26 adopted shall establish tiers addressing manmade and natural
27 pathways of exposure, including but not limited to human
28 ingestion, human inhalation, and groundwater protection.
29 For carcinogens, soil and groundwater remediation objectives
30 shall be established at exposures that represent an excess
31 upper-bound lifetime risk of between 1 in 10,000 and 1 in
32 1,000,000 as appropriate for the post-remedial action use,
33 except that remediation objectives protecting residential use
34 shall be based on exposures that represent an excess
HB3457 Enrolled -4- LRB9111304ACtm
1 upper-bound lifetime risk of 1 in 1,000,000. No groundwater
2 remediation objective adopted pursuant to this Section shall
3 be more restrictive than the applicable Class I or Class III
4 Groundwater Quality Standard adopted by the Board. At a
5 minimum, the objectives shall include the following:
6 (1) Tier I remediation objectives expressed as a
7 table of numeric values for soil and groundwater. Such
8 objectives may be of different values dependent on
9 potential pathways at the site and different land uses,
10 including residential and nonresidential uses.
11 (2) Tier II remediation objectives shall include
12 the formulae and equations used to derive the Tier II
13 objectives and input variables for use in the formulae.
14 The RA may alter the input variables when it is
15 demonstrated that the specific circumstances at and
16 around the site including land uses warrant such
17 alternate variables.
18 (3) Tier III remediation objectives shall include
19 methodologies to allow for the development of
20 site-specific risk-based remediation objectives for soil
21 or groundwater, or both, for regulated substances. Such
22 methodology shall allow for different remediation
23 objectives for residential and various categories of
24 non-residential land uses. The Board's future adoption
25 of a methodology pursuant to this Section shall in no way
26 preclude the use of a nationally recognized methodology
27 to be used for the development of site-specific
28 risk-based objectives for regulated substances under this
29 Section. In determining Tier III remediation objectives
30 under this subsection, all of the following factors shall
31 be considered:
32 (A) The use of specific site characteristic
33 data.
34 (B) The use of appropriate exposure factors
HB3457 Enrolled -5- LRB9111304ACtm
1 for the current and currently planned future land
2 use of the site and adjacent property and the
3 effectiveness of engineering, institutional, or
4 legal controls placed on the current or future use
5 of the site.
6 (C) The use of appropriate statistical
7 methodologies to establish statistically valid
8 remediation objectives.
9 (D) The actual and potential impact of
10 regulated substances to receptors.
11 (4) For regulated substances that have a
12 groundwater quality standard established pursuant to the
13 Illinois Groundwater Protection Act and rules promulgated
14 thereunder, site specific groundwater remediation
15 objectives may be proposed under the methodology
16 established in subdivision (d) (3) of this Section at
17 values greater than the groundwater quality standards.
18 (A) The RA proposing any site specific
19 groundwater remediation objective at a value greater
20 than the applicable groundwater quality standard
21 shall demonstrate:
22 (i) To the extent practical, the
23 exceedance of the groundwater quality standard
24 has been minimized and beneficial use
25 appropriate to the groundwater that was
26 impacted has been returned; and
27 (ii) Any threat to human health or the
28 environment has been minimized.
29 (B) The rules proposed by the Agency and
30 adopted by the Board under this Section shall
31 include criteria required for the demonstration of
32 the suitability of groundwater objectives proposed
33 under subdivision (b) (4) (A) of this Section.
34 (e) The rules proposed by the Agency and adopted by the
HB3457 Enrolled -6- LRB9111304ACtm
1 Board under this Section shall include conditions for the
2 establishment and duration of groundwater management zones by
3 rule, as appropriate, at sites undergoing remedial action
4 under this Title.
5 (f) Until such time as the Board adopts remediation
6 objectives under this Section, the remediation objectives
7 adopted by the Board under Title XVI of this Act shall apply
8 to all environmental assessments and soil or groundwater
9 remedial action conducted under this Title.
10 (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96;
11 89-626, eff. 8-9-96.)
12 (415 ILCS 5/58.17 new)
13 Sec. 58.17. Environmental Land Use Control. No later
14 than 2 months after the effective date of this amendatory Act
15 of the 91st General Assembly, the Agency, after consideration
16 of the recommendations of the Regulations and Site
17 Remediation Advisory Committee, shall propose rules creating
18 an instrument to be known as the Environmental Land Use
19 Control (ELUC). Within 6 months after receipt of the
20 Agency's proposed rules, the Board shall adopt, pursuant to
21 Sections 27 and 28 of this Act, rules creating the ELUC that
22 establish land use limitations or obligations on the use of
23 real property when necessary to manage risk to human health
24 or the environment arising from contamination left in place
25 pursuant to the procedures set forth in Section 58.5 of this
26 Act or 35 Ill. Adm. Code 742. The rules shall include
27 provisions addressing establishment, content, recording,
28 duration, and enforcement of ELUCs.
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.
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