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| 1 | AN ACT in relation to environmental safety.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Environmental Protection Act is amended by | ||||||
| 5 | changing Section
3.160 as follows:
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| 6 | (415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
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| 7 | Sec. 3.160. Construction or demolition debris.
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| 8 | (a) "General construction or demolition debris" means | ||||||
| 9 | non-hazardous,
uncontaminated materials resulting from the | ||||||
| 10 | construction, remodeling, repair,
and demolition of utilities, | ||||||
| 11 | structures, and roads, limited to the following:
bricks, | ||||||
| 12 | concrete, and other masonry materials; soil; rock; wood, | ||||||
| 13 | including
non-hazardous painted, treated, and coated wood and | ||||||
| 14 | wood products; wall
coverings; plaster; drywall; plumbing | ||||||
| 15 | fixtures; non-asbestos insulation;
roofing shingles and other | ||||||
| 16 | roof coverings; reclaimed asphalt pavement; glass;
plastics | ||||||
| 17 | that are not sealed in a manner that conceals waste; electrical
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| 18 | wiring and components containing no hazardous substances; and | ||||||
| 19 | piping or metals
incidental to any of those materials.
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| 20 | General construction or demolition debris does not include | ||||||
| 21 | uncontaminated
soil generated during construction, remodeling, | ||||||
| 22 | repair, and demolition of
utilities, structures, and roads | ||||||
| 23 | provided the uncontaminated soil is not
commingled with any | ||||||
| 24 | general construction or demolition debris or other waste.
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| 25 | (b) "Clean construction or demolition debris" means
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| 26 | uncontaminated broken concrete without protruding metal bars, | ||||||
| 27 | bricks, rock,
stone, reclaimed asphalt pavement, or soil | ||||||
| 28 | generated from construction or
demolition activities.
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| 29 | Clean construction or demolition debris does not include | ||||||
| 30 | uncontaminated soil
generated during construction, remodeling, | ||||||
| 31 | repair, and demolition of utilities,
structures, and roads | ||||||
| 32 | provided the uncontaminated soil is not commingled with
any | ||||||
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| 1 | clean construction or demolition debris or other waste.
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| 2 | To the extent allowed by federal law, clean construction or | ||||||
| 3 | demolition debris
shall not be considered "waste" if it is (i) | ||||||
| 4 | used as fill material outside of a setback zone if the fill is | ||||||
| 5 | placed no higher than the
highest point of elevation existing | ||||||
| 6 | prior to the filling immediately adjacent
to the fill area, and | ||||||
| 7 | if covered by sufficient uncontaminated soil to
support | ||||||
| 8 | vegetation within 30 days of the completion of filling or if | ||||||
| 9 | covered
by a road or structure, or (ii) separated or processed | ||||||
| 10 | and returned to the
economic mainstream in the form of raw | ||||||
| 11 | materials or products, if it is not
speculatively accumulated | ||||||
| 12 | and, if used as a fill material, it is used in
accordance with | ||||||
| 13 | item (i) within 30 days of its generation, or (iii) solely
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| 14 | broken concrete without protruding metal bars used for erosion | ||||||
| 15 | control, or
(iv) generated from the construction or demolition | ||||||
| 16 | of a building, road, or
other structure and used to construct, | ||||||
| 17 | on the site where the construction or
demolition has taken | ||||||
| 18 | place, a manmade
functional structure not to exceed 20 feet | ||||||
| 19 | above the highest point of
elevation of the property | ||||||
| 20 | immediately adjacent to the new manmade functional
structure as | ||||||
| 21 | that elevation existed prior to the creation of that new
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| 22 | structure,
provided that the structure shall be covered with | ||||||
| 23 | sufficient soil
materials to sustain vegetation or by a road or | ||||||
| 24 | structure, and further
provided that no such structure shall be | ||||||
| 25 | constructed within
a home rule municipality with a population | ||||||
| 26 | over 500,000 without the consent
of the municipality, or (v) | ||||||
| 27 | used to construct a
recreation facility at a site located | ||||||
| 28 | within an Enterprise Zone, as certified
by the Department of | ||||||
| 29 | Commerce and Economic Opportunity, pursuant to a permit
issued | ||||||
| 30 | by a municipality with an equalized assessed valuation of less | ||||||
| 31 | than
$15,000,000.
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| 32 | (Source: P.A. 92-574, eff. 6-26-02; 93-179, eff. 7-11-03.)
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| 33 | Section 99. Effective date. This Act takes effect upon | ||||||
| 34 | becoming law.
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