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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Sections 3.160 and 22.38 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 or other asphalt pavement; glass;
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17 | plastics that are not sealed in a manner that conceals waste; | ||||||
18 | electrical
wiring and components containing no hazardous | ||||||
19 | substances; and corrugated cardboard, piping or metals
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20 | incidental to any of those materials.
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21 | General construction or demolition debris does not include | ||||||
22 | uncontaminated
soil generated during construction, remodeling, | ||||||
23 | repair, and demolition of
utilities, structures, and roads |
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1 | provided the uncontaminated soil is not
commingled with any | ||||||
2 | general construction or demolition debris or other waste.
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3 | To the extent allowed by federal law, uncontaminated | ||||||
4 | concrete with protruding rebar shall be considered clean | ||||||
5 | construction or demolition debris and shall not be considered | ||||||
6 | "waste" if it is separated or processed and returned to the | ||||||
7 | economic mainstream in the form of raw materials or products | ||||||
8 | within 4 years of its generation, if it is not speculatively | ||||||
9 | accumulated and, if used as a fill material, it is used in | ||||||
10 | accordance with item (i) in subsection (b) of this Section.
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11 | (b) "Clean construction or demolition debris" means
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12 | uncontaminated broken concrete without protruding metal bars, | ||||||
13 | bricks, rock,
stone, reclaimed or other asphalt pavement, or | ||||||
14 | soil generated from construction or
demolition activities.
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15 | Clean construction or demolition debris does not include | ||||||
16 | uncontaminated soil
generated during construction, remodeling, | ||||||
17 | repair, and demolition of utilities,
structures, and roads | ||||||
18 | provided the uncontaminated soil is not commingled with
any | ||||||
19 | clean construction or demolition debris or other waste.
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20 | To the extent allowed by federal law, clean construction or | ||||||
21 | demolition debris
shall not be considered "waste" if it is (i) | ||||||
22 | used as fill material outside of a setback zone if the fill is | ||||||
23 | placed no higher than the
highest point of elevation existing | ||||||
24 | prior to the filling immediately adjacent
to the fill area, and | ||||||
25 | if covered by sufficient uncontaminated soil to
support | ||||||
26 | vegetation within 30 days of the completion of filling or if |
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1 | covered
by a road or structure, or (ii) separated or processed | ||||||
2 | and returned to the
economic mainstream in the form of raw | ||||||
3 | materials or products, if it is not
speculatively accumulated | ||||||
4 | and, if used as a fill material, it is used in
accordance with | ||||||
5 | item (i), or (iii) solely
broken concrete without protruding | ||||||
6 | metal bars used for erosion control, or
(iv) generated from the | ||||||
7 | construction or demolition of a building, road, or
other | ||||||
8 | structure and used to construct, on the site where the | ||||||
9 | construction or
demolition has taken place, a manmade
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10 | functional structure not to exceed 20 feet above the highest | ||||||
11 | point of
elevation of the property immediately adjacent to the | ||||||
12 | new manmade functional
structure as that elevation existed | ||||||
13 | prior to the creation of that new
structure,
provided that the | ||||||
14 | structure shall be covered with sufficient soil
materials to | ||||||
15 | sustain vegetation or by a road or structure, and further
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16 | provided that no such structure shall be constructed within
a | ||||||
17 | home rule municipality with a population over 500,000 without | ||||||
18 | the consent
of the municipality.
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19 | For purposes of this subsection (b), reclaimed or other | ||||||
20 | asphalt pavement shall not be considered speculatively | ||||||
21 | accumulated if: (i) it is not commingled with any other clean | ||||||
22 | construction or demolition debris or any waste; (ii) it is | ||||||
23 | returned to the economic mainstream in the form of raw | ||||||
24 | materials or products within 4 years after its generation; | ||||||
25 | (iii) at least 25% of the total amount present at a site during | ||||||
26 | a calendar year is transported off of the site during the next |
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1 | calendar year; and (iv) if used as a fill material, it is used | ||||||
2 | in accordance with item (i) of the second paragraph of this | ||||||
3 | subsection (b).
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4 | (Source: P.A. 94-272, eff. 7-19-05; 95-121, eff. 8-13-07.)
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5 | (415 ILCS 5/22.38)
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6 | Sec. 22.38.
Facilities accepting exclusively general | ||||||
7 | construction or
demolition debris
for transfer, storage, or | ||||||
8 | treatment.
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9 | (a) Facilities accepting exclusively general construction | ||||||
10 | or demolition
debris for
transfer, storage, or treatment shall | ||||||
11 | be subject to local zoning, ordinance,
and
land use | ||||||
12 | requirements.
Those facilities shall be located in accordance | ||||||
13 | with local zoning requirements
or, in the absence of local | ||||||
14 | zoning requirements, shall be located so that no
part of the | ||||||
15 | facility boundary is closer than 1,320 feet from the nearest
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16 | property zoned for primarily residential use.
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17 | (b) An owner or operator of a facility accepting | ||||||
18 | exclusively general
construction or demolition debris for | ||||||
19 | transfer, storage, or treatment shall:
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20 | (1) within 48 hours of receipt of the general | ||||||
21 | construction or demolition
debris at the facility, sort the | ||||||
22 | general construction or demolition debris to
separate the
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23 | recyclable general construction or demolition debris and | ||||||
24 | recovered wood that is processed for use as fuel from | ||||||
25 | non-recyclable
general construction or demolition debris |
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1 | to be disposed of or discarded;
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2 | (2) transport off site for disposal all non-recyclable | ||||||
3 | general
construction or demolition debris that is neither | ||||||
4 | recyclable general construction or demolition debris nor | ||||||
5 | recovered wood that is processed for use as fuel in
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6 | accordance with all applicable federal, State, and local | ||||||
7 | requirements within 72
hours of its receipt at the | ||||||
8 | facility;
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9 | (3) limit the percentage of incoming non-recyclable | ||||||
10 | general construction
or demolition debris to 25% or
less of | ||||||
11 | the total incoming general construction or demolition | ||||||
12 | debris,
as calculated on a daily basis , so that 75% or more | ||||||
13 | of the general construction or demolition debris accepted | ||||||
14 | on a daily basis consists of recyclable general | ||||||
15 | construction or demolition debris, recovered wood that is | ||||||
16 | processed for use as fuel, or both ;
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17 | (4) transport all non-putrescible recyclable general | ||||||
18 | construction or
demolition debris
for recycling or | ||||||
19 | disposal within 6 months of its receipt at the facility;
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20 | (5) within 45 days of its receipt at the facility, | ||||||
21 | transport | ||||||
22 | (i) all putrescible or combustible recyclable | ||||||
23 | general
construction or demolition debris (excluding | ||||||
24 | recovered wood that is processed for use as fuel)
for | ||||||
25 | recycling or disposal ; and | ||||||
26 | (ii) all recovered wood that is processed for use |
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1 | as fuel to an intermediate processing facility for | ||||||
2 | sizing, to a combustion facility for use as fuel, or to | ||||||
3 | a disposal facility; within 45 days of its receipt at
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4 | the facility;
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5 | (6) employ tagging and recordkeeping procedures to (i) | ||||||
6 | demonstrate
compliance
with this Section and (ii) identify | ||||||
7 | the source and transporter of material
accepted by the | ||||||
8 | facility;
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9 | (7) control odor, noise, combustion of materials, | ||||||
10 | disease vectors, dust,
and litter;
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11 | (8) control, manage, and dispose of any storm water | ||||||
12 | runoff and leachate
generated at the facility in accordance | ||||||
13 | with applicable federal, State, and
local requirements;
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14 | (9) control access to the facility;
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15 | (10) comply with all applicable federal, State, or | ||||||
16 | local requirements for
the handling, storage, | ||||||
17 | transportation, or disposal of asbestos-containing
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18 | material or other material accepted at the
facility that is | ||||||
19 | not general construction or demolition debris; and
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20 | (11) submit to the Agency at least 30 days prior to the | ||||||
21 | initial acceptance
of general construction or demolition | ||||||
22 | debris at the facility, on forms provided
by the Agency, | ||||||
23 | the following information:
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24 | (A) the name, address, and telephone number of both | ||||||
25 | the facility owner
and operator;
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26 | (B) the street address and location of the |
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1 | facility;
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2 | (C) a description of facility operations;
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3 | (D) a description of the tagging and recordkeeping | ||||||
4 | procedures the
facility will employ to (i) demonstrate | ||||||
5 | compliance with this Section and (ii)
identify the | ||||||
6 | source and transporter of any material accepted by the | ||||||
7 | facility;
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8 | (E) the name and location of the disposal sites | ||||||
9 | site to be used for the
transportation and disposal of | ||||||
10 | any general construction or demolition debris received | ||||||
11 | at the facility that must be disposed of; | ||||||
12 | non-recyclable materials accepted at the
facility;
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13 | (F) the name and location of an individual, | ||||||
14 | facility, or business to
which recyclable materials | ||||||
15 | will be transported; and | ||||||
16 | (G) the name and location of intermediate | ||||||
17 | processing facilities or combustion facilities to | ||||||
18 | which recovered wood that is processed for use as fuel | ||||||
19 | will be transported; and
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20 | (H) (G) other information as specified on the form | ||||||
21 | provided by the Agency.
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22 | When any of the information contained or processes | ||||||
23 | described in the initial
notification form submitted to the | ||||||
24 | Agency changes, the owner and operator shall
submit an | ||||||
25 | updated form within 14 days of the change.
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26 | (c) For purposes of this Section, the term "recyclable |
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1 | general
construction or demolition debris" means general | ||||||
2 | construction or demolition
debris that has been rendered | ||||||
3 | reusable and is reused or that would otherwise
be disposed of | ||||||
4 | or discarded but is collected, separated, or processed and
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5 | returned to the economic mainstream in the form of raw | ||||||
6 | materials or products.
"Recyclable general construction or | ||||||
7 | demolition debris" does not include general
construction or | ||||||
8 | demolition debris processed for use as fuel, incinerated,
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9 | burned, buried, or otherwise used as fill material.
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10 | (d) For purposes of this Section, "treatment" means | ||||||
11 | processing
designed to alter the physical nature of the general | ||||||
12 | construction or
demolition debris, including but not limited to | ||||||
13 | size reduction, crushing,
grinding, or
homogenization, but | ||||||
14 | does not include processing designed to change the chemical
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15 | nature of the general construction or demolition debris.
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16 | (e) For purposes of this Section, "recovered wood that is | ||||||
17 | processed for use as fuel" means wood that has been salvaged | ||||||
18 | from general construction or demolition debris and processed | ||||||
19 | for use as fuel, as authorized by the applicable state or | ||||||
20 | federal environmental regulatory authority, and supplied only | ||||||
21 | to intermediate processing facilities for sizing, or to | ||||||
22 | combustion facilities for use as fuel, that have obtained all | ||||||
23 | necessary waste management and air permits for handling and | ||||||
24 | combustion of the fuel. | ||||||
25 | (f) For purposes of this Section, "non-recyclable general | ||||||
26 | construction or demolition debris" does not include "recovered |
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1 | wood that is processed for use as fuel". | ||||||
2 | (g) Recyclable general construction or demolition debris | ||||||
3 | or recovered wood that is processed for use as fuel that is | ||||||
4 | sent for disposal at the end of the applicable retention period | ||||||
5 | shall not be considered as meeting the 75% diversion | ||||||
6 | requirement for purposes of subdivision (b)(3) of this Section. | ||||||
7 | (Source: P.A. 90-475, eff. 8-17-97.)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
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