Public Act 097-0230
 
SB1929 EnrolledLRB097 09577 JDS 49714 b


  
    AN ACT concerning safety.
  
 
    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 Section 22.38 as follows:
 



    (415 ILCS 5/22.38)


    Sec. 22.38. Facilities accepting exclusively general 
construction or
demolition debris
for transfer, storage, or 
treatment.

    (a) Facilities accepting exclusively general construction 
or demolition
debris for
transfer, storage, or treatment shall 
be subject to local zoning, ordinance,
and
land use 
requirements.
Those facilities shall be located in accordance 
with local zoning requirements
or, in the absence of local 
zoning requirements, shall be located so that no
part of the 
facility boundary is closer than 1,320 feet from the nearest

property zoned for primarily residential use.

    (b) An owner or operator of a facility accepting 
exclusively general
construction or demolition debris for 
transfer, storage, or treatment shall:


        (1) Within 48 hours after of receipt of the general 
    construction or demolition
debris at the facility, sort the 
    general construction or demolition debris to
separate the

    recyclable general construction or demolition debris, and 
    recovered wood that is processed for use as fuel, and 
    general construction or demolition debris that is 
    processed for use at a landfill from the non-recyclable

    general construction or demolition debris that is to be 
    disposed of or discarded.


        (2) Transport off site for disposal, in accordance with 
    all applicable federal, State, and local requirements 
    within 72 hours after its receipt at the facility, all 
    non-usable or non-recyclable general
construction or 
    demolition debris  that is not neither recyclable general 
    construction or demolition debris, nor recovered wood that 
    is processed for use as fuel, or general construction or 
    demolition debris that is processed for use at a landfill 
    in
accordance with all applicable federal, State, and local 
    requirements within 72
hours of its receipt at the 
    facility.


        (3) Limit the percentage of incoming non-recyclable 
    general construction
or demolition debris to 25% or
less of 
    the total incoming general construction or demolition 
    debris,
as calculated on a daily basis, so that 75% or more 
    of the general construction or demolition debris accepted, 
    as calculated monthly on a rolling 12-month average, on a 
    daily basis consists of recyclable general construction or 
    demolition debris, recovered wood that is processed for use 
    as fuel, or general construction or demolition debris that 
    is processed for use at a landfill except that general 
    construction or demolition debris processed for use at a 
    landfill shall not exceed 35% of the general construction 
    or demolition debris accepted on a rolling 12-month average 
    basis both. The percentages in this paragraph (3) of 
    subsection (b) shall be calculated by weight, using scales 
    located at the facility that are certified under the 
    Weights and Measures Act. 


        (4) Within 6 months after its receipt at the facility, 
    transport:
            (A) Transport all non-putrescible recyclable 
        general construction or
demolition debris
for 
        recycling or disposal; and 
            (B) all non-putrescible general construction  or 
        demolition debris that is processed for use at a 
        landfill to a MSWLF unit for use or disposal within 6 
        months of its receipt at the facility.


        (5) Within 45 days after of its receipt at the 
    facility, transport: 
            (A) (i) all putrescible or combustible recyclable 
        general
construction or demolition debris
(excluding 
        recovered wood that is processed for use as fuel) for 
        recycling or disposal; and
            (B) (ii) all recovered wood that is processed for 
        use as fuel to an intermediate processing facility for 
        sizing, to a combustion facility for use as fuel, or to 
        a disposal facility; and 
            (C) all putrescible general construction or 
        demolition debris that is processed for use at a 
        landfill to a MSWLF unit for use or disposal.


        (6) Employ tagging and recordkeeping procedures to (i) 
    demonstrate
compliance
with this Section and (ii) identify 
    the source and transporter of material
accepted by the 
    facility.


        (7) Control odor, noise, combustion of materials, 
    disease vectors, dust,
and litter.


        (8) Control, manage, and dispose of any storm water 
    runoff and leachate
generated at the facility in accordance 
    with applicable federal, State, and
local requirements.


        (9) Control access to the facility.


        (10) Comply with all applicable federal, State, or 
    local requirements for
the handling, storage, 
    transportation, or disposal of asbestos-containing

    material or other material accepted at the
facility that is 
    not general construction or demolition debris.


        (11) Prior to August 24, 2009 (the effective date of 
    Public Act 96-611), submit to the Agency at least 30 days 
    prior to the initial acceptance
of general construction or 
    demolition debris at the facility, on forms provided
by the 
    Agency, the following information:


            (A) the name, address, and telephone number of both 
        the facility owner
and operator;


            (B) the street address and location of the 
        facility;


            (C) a description of facility operations;


            (D) a description of the tagging and recordkeeping 
        procedures the
facility will employ to (i) demonstrate 
        compliance with this Section and (ii)
identify the 
        source and transporter of any material accepted by the 
        facility;


            (E) the name and location of the disposal sites to 
        be used for the
disposal of any general construction or 
        demolition debris received at the facility that must be 
        disposed of;


            (F) the name and location of an individual, 
        facility, or business to
which recyclable materials 
        will be transported;
 
            (G) the name and location of intermediate 
        processing facilities or combustion facilities to 
        which recovered wood that is processed for use as fuel 
        will be transported; and

            (H) other information as specified on the form 
        provided by the Agency.

        (12) On or after August 24, 2009 (the effective date of 
    Public Act 96-611), obtain a permit issued by the Agency 
    prior to the initial acceptance of general construction or 
    demolition debris at the facility. 

        When any of the information contained or processes 
    described in the initial
notification form submitted to the 
    Agency under paragraph (11) of subsection (b) of this 
    Section changes, the owner and operator shall
submit an 
    updated form within 14 days of the change.

    (c) For purposes of this Section, the term "recyclable 
general
construction or demolition debris" means general 
construction or demolition
debris that has been rendered 
reusable and is reused or that would otherwise
be disposed of 
or discarded but is collected, separated, or processed and

returned to the economic mainstream in the form of raw 
materials or products.
"Recyclable general construction or 
demolition debris" does not include (i) general
construction or 
demolition debris processed for use as fuel, incinerated,

burned,  buried, or otherwise used as fill material or (ii) 
general construction or demolition debris that is processed for 
use at a landfill.

    (d) For purposes of this Section, "treatment" means 
processing
designed to alter the physical nature of the general 
construction or
demolition debris, including but not limited to 
size reduction, crushing,
grinding, or
homogenization, but 
does not include processing designed to change the chemical

nature of the general construction or demolition debris.

    (e) For purposes of this Section, "recovered wood that is 
processed for use as fuel" means wood that has been salvaged 
from general construction or demolition debris and processed 
for use as fuel, as authorized by the applicable state or 
federal environmental regulatory authority, and supplied only 
to intermediate processing facilities for sizing, or to 
combustion facilities for use as fuel, that have obtained all 
necessary waste management and air permits for handling and 
combustion of the fuel.
    (f) For purposes of this Section, "non-recyclable general 
construction or demolition debris" does not include "recovered 
wood that is processed for use as fuel" or general construction 
or demolition debris that is processed for use at a landfill.
    (g) Recyclable general construction or demolition debris, 
or recovered wood that is processed for use as fuel, and 
general construction or demolition debris that is processed for 
use at a landfill that is sent for disposal at the end of the 
applicable retention period shall not be considered as meeting 
the 75% diversion requirement for purposes of subdivision 
(b)(3) of this Section if sent for disposal at the end of the 
applicable retention period. 
    (h) For the purposes of this Section, "general construction 
or demolition debris that is processed for use at a landfill" 
means general construction or demolition debris that is 
processed for use at a MSWLF unit as alternative daily cover, 
road building material, or drainage structure building 
material in accordance with the MSWLF unit's waste disposal 
permit issued by the Agency under this Act. 
(Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09; 
96-1000, eff. 7-2-10.)

 

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