HB0496 95TH GENERAL ASSEMBLY

LRB095 04713 CMK 24772 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0496

Introduced 2/1/2007, by Rep. Daniel V. Beiser

SYNOPSIS AS INTRODUCED:

415 ILCS 5/3.160

was 415 ILCS 5/3.78 and 3.78a

Amends the Environmental Protection Act. Provides that with regard to the definition of "waste", reclaimed asphalt pavement is not speculatively accumulated if it is returned to the economic mainstream within 4 years after the date of its generation or if a properly executed bond, that has been approved by the Director of the Environmental Protection Agency, exists between the owner of the reclaimed asphalt pavement and the Agency for the removal of the reclaimed asphalt pavement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 3.160 as follows:

(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 asphalt pavement; glass; plastics that are not sealed in a manner that conceals waste; electrical wiring and components containing no hazardous substances; and 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 within 30 days of its generation.

(b) "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 (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, 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) within 30 days of its generation, 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) of this Section, reclaimed asphalt pavement shall be deemed not speculatively accumulated if it is returned to the economic mainstream within 4 years after the date of its generation or if a properly executed bond, that has been approved by the Director of the Agency, exists between the owner of the reclaimed asphalt pavement and the Agency for the removal of the reclaimed asphalt pavement.

(Source: P.A. 93-179, eff. 7-11-03; 94-272, eff. 7-19-05.)

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