HB0346 96TH GENERAL ASSEMBLY

LRB096 03275 JDS 13292 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0346

Introduced 1/27/2009, by Rep. Thomas Holbrook

SYNOPSIS AS INTRODUCED:

415 ILCS 5/3.160	was 415 ILCS 5/3.78 and 3.78a
415 ILCS 5/3.330	was 415 ILCS 5/3.32
415 ILCS 5/22.48a new
415 ILCS 5/22.51a new
415 ILCS 5/58.19 new

Amends the Environmental Protection Act. Defines "Tier 1 construction or demolition debris soil". Provides that a "pollution control facility" includes any site or facility at which Tier 1 construction or demolition debris soil is accepted or deposited as fill material. Provides that the Illinois Environmental Protection Agency may, by intergovernmental agreement, develop a special authorization for the removal and reuse of soil from and to sites within the corporate boundaries of a municipality with a population in excess of one million. Specifies the terms and requirements of the intergovernmental agreement. Specifies certification requirements for the use of contaminated soil as fill material in a quarry, mine, or other excavation. Provides that owners and operators of Tier 1 construction or demolition debris soil fill operations must develop and implement a receipt control plan and engineered control plan for construction or demolition debris soil used as fill material. Specifies the requirements of the receipt control plan and engineered control plan. Specifies the notice requirements for an intergovernmental agreement. 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 Sections 3.160 and 3.330 and by adding Sections 22.48a, 22.51a, and 58.19 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 or other 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.

(b) "Clean construction or demolition debris" means uncontaminated broken concrete without protruding metal bars, bricks, rock, stone, reclaimed or other 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), 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), reclaimed or other asphalt pavement shall not be considered speculatively accumulated if: (i) it is not commingled with any other clean construction or demolition debris or any waste; (ii) it is returned to the economic mainstream in the form of raw materials or products within 4 years after its generation; (iii) at least 25% of the total amount present at a site during a calendar year is transported off of the site during the next calendar year; and (iv) if used as a fill material, it is used in accordance with item (i) of the second paragraph of this subsection (b).

(c) "Tier 1 construction or demolition debris soil" means contaminated soil (i) that is generated from construction or demolition activities and does not contain a contaminant with a concentration that exceeds the most stringent residential Tier 1 remediation objectives adopted by the Board under Title XVII of this Act, (ii) that does not contain a regulated substance or pesticide for which residential Tier 1 remediation objectives have not been determined, and (iii) that is free of landscape or other waste.

(Source: P.A. 94-272, eff. 7-19-05; 95-121, eff. 8-13-07.)

(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)

Sec. 3.330. Pollution control facility.

(a) "Pollution control facility" is any waste storage site, sanitary landfill, waste disposal site, waste transfer station, waste treatment facility, or waste incinerator. This includes sewers, sewage treatment plants, and any other facilities owned or operated by sanitary districts organized under the Metropolitan Water Reclamation District Act and any site or facility at which Tier 1 construction or demolition debris soil is accepted or deposited as fill material.

The following are not pollution control facilities:

(1) (blank);

(2) waste storage sites regulated under 40 CFR, Part 761.42;

(3) sites or facilities used by any person conducting a waste storage, waste treatment, waste disposal, waste transfer or waste incineration operation, or a combination thereof, for wastes generated by such person's own activities, when such wastes are stored, treated, disposed of, transferred or incinerated within the site or facility owned, controlled or operated by such person, or when such wastes are transported within or between sites or facilities owned, controlled or operated by such person;

(4) sites or facilities at which the State is performing removal or remedial action pursuant to Section 22.2 or 55.3;

(5) abandoned quarries used solely for the disposal of concrete, earth materials, gravel, or aggregate debris resulting from road construction activities conducted by a unit of government or construction activities due to the construction and installation of underground pipes, lines, conduit or wires off of the premises of a public utility company which are conducted by a public utility;

(6) sites or facilities used by any person to specifically conduct a landscape composting operation;

(7) regional facilities as defined in the Central Midwest Interstate Low-Level Radioactive Waste Compact;

(8) the portion of a site or facility where coal combustion wastes are stored or disposed of in accordance with subdivision (r)(2) or (r)(3) of Section 21;

(9) the portion of a site or facility used for the collection, storage or processing of waste tires as defined in Title XIV;

(10) the portion of a site or facility used for treatment of petroleum contaminated materials by application onto or incorporation into the soil surface and any portion of that site or facility used for storage of petroleum contaminated materials before treatment. Only those categories of petroleum listed in Section 57.9(a)(3) are exempt under this subdivision (10);

(11) the portion of a site or facility where used oil is collected or stored prior to shipment to a recycling or energy recovery facility, provided that the used oil is generated by households or commercial establishments, and the site or facility is a recycling center or a business where oil or gasoline is sold at retail;

(11.5) processing sites or facilities that receive only on-specification used oil, as defined in 35 Ill. Admin. Code 739, originating from used oil collectors for processing that is managed under 35 Ill. Admin. Code 739 to produce products for sale to off-site petroleum facilities, if these processing sites or facilities are: (i) located within a home rule unit of local government with a population of at least 30,000 according to the 2000 federal census, that home rule unit of local government has been designated as an Urban Round II Empowerment Zone by the United States Department of Housing and Urban Development, and that home rule unit of local government has enacted an ordinance approving the location of the site or facility and provided funding for the site or facility; and (ii) in compliance with all applicable zoning requirements;

(12) the portion of a site or facility utilizing coal combustion waste for stabilization and treatment of only waste generated on that site or facility when used in connection with response actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the federal Resource Conservation and Recovery Act of 1976, or the Illinois Environmental Protection Act or as authorized by the Agency;

(13) the portion of a site or facility accepting exclusively general construction or demolition debris, located in a county with a population over 700,000 as of January 1, 2000, and operated and located in accordance with Section 22.38 of this Act;

(14) the portion of a site or facility, located within a unit of local government that has enacted local zoning requirements, used to accept, separate, and process uncontaminated broken concrete, with or without protruding metal bars, provided that the uncontaminated broken concrete and metal bars are not speculatively accumulated, are at the site or facility no longer than one year after their acceptance, and are returned to the economic mainstream in the form of raw materials or products;

(15) the portion of a site or facility located in a county with a population over 3,000,000 that has obtained local siting approval under Section 39.2 of this Act for a municipal waste incinerator on or before July 1, 2005 and that is used for a non-hazardous waste transfer station;

(16) a site or facility that temporarily holds in transit for 10 days or less, non-petruscible solid waste in original containers, no larger in capacity than 500 gallons, provided that such waste is further transferred to a recycling, disposal, treatment, or storage facility on a non-contiguous site and provided such site or facility complies with the applicable 10-day transfer requirements of the federal Resource Conservation and Recovery Act of 1976 and United States Department of Transportation hazardous material requirements. For purposes of this Section only, "non-petruscible solid waste" means waste other than municipal garbage that does not rot or become putrid, including, but not limited to, paints, solvent, filters, and absorbents;

(17) the portion of a site or facility located in a county with a population greater than 3,000,000 that has obtained local siting approval, under Section 39.2 of this Act, for a municipal waste incinerator on or before July 1, 2005 and that is used for wood combustion facilities for energy recovery that accept and burn only wood material, as included in a fuel specification approved by the Agency; and

(18) a transfer station used exclusively for landscape waste, including a transfer station where landscape waste is ground to reduce its volume, where the landscape waste is held no longer than 24 hours from the time it was received.

(b) A new pollution control facility is:

(1) a pollution control facility initially permitted for development or construction after July 1, 1981; or

(2) the area of expansion beyond the boundary of a currently permitted pollution control facility; or

(3) a permitted pollution control facility requesting approval to store, dispose of, transfer or incinerate, for the first time, any special or hazardous waste.

(Source: P.A. 94-94, eff. 7-1-05; 94-249, eff. 7-19-05; 94-824, eff. 6-2-06; 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; 95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. 8-21-08.)

(415 ILCS 5/22.48a new)

Sec. 22.48a. Tier 1 construction or demolition debris soil certification.

(a) No person shall use contaminated soil as fill material in a current or former quarry, mine, or other excavation unless the owner or the owner's authorized agent first certifies in a written, signed, and dated statement that the soil is Tier 1 construction or demolition debris soil. For the purposes of this Section, the term "owner" means the owner of the site from which soil is removed. For the purposes of this Section, the term "other excavation" does not include holes, trenches, or similar earth removal created as part of normal construction, removal, or maintenance of a structure, utility, or transportation infrastructure.

(1) All information used to determine that soil is Tier 1 construction or demolition debris soil must be attached to the certification. The information attached to the certification must include, but is not limited to, the following:

(A) The means by which the owner has determined that the soil does not contain a contaminant that would prevent the soil from meeting the definition of Tier 1 construction or demolition debris soil, and if a chemical analysis of the soil has not been performed the reasons why a chemical analysis was not performed.

(B) If the soil undergoes chemical analysis, the results of the analysis must be on the letterhead of the laboratory conducting the analysis and signed by the person that conducted the analysis or his or her supervisor. The chemical analysis must be conducted in accordance with the requirements of 35 Ill. Adm. Code 742 and "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA Publication No. SW-846, as amended.

(2) Certifications under this Section shall include the owner's name, address, and contact information, identify the location of the site from which the soil was removed, and identify the load of soil covered by the certification.

(3) Certifications under this Section, with the requisite attachments, shall be maintained by the owner for at least 3 years after the date the soil is accepted by the quarry, mine, or other excavation, except that certifications relating to an appeal, litigation, or other disputed claim must be maintained for at least 3 years after the date of the final disposition of the appeal, litigation, or other disputed claim. The owner shall provide a copy of the certification to the soil hauler, and the soil hauler shall present the certification to the operator of the quarry, mine, or other excavation upon delivery of the soil. The owner shall make copies of the certification available for inspection and copying by the Agency during normal business hours. If the Agency believes soil has been inaccurately certified, then the Agency may require a chemical analysis of the soil by the owner of the site from which soil is removed or by the owner or operator of the quarry, mine, or other excavation.

(4) No person shall falsely certify that soil is Tier 1 construction or demolition debris soil.

(b) Persons using contaminated soil as fill material in a current or former quarry, mine, or other excavation must maintain a copy of the certification required under this Section, with the requisite attachments, for at least 3 years after the date of accepting the soil, except that certifications relating to an appeal, litigation, or other disputed claim must be maintained for at least 3 years after the date of the final disposition of the appeal, litigation, or other disputed claim. Copies of the certifications must be made available to the Agency for inspection and copying during normal business hours.

(c) No person shall use contaminated soil as fill material in a current or former quarry, mine, or other excavation unless the soil is Tier 1 construction or demolition debris soil.

(415 ILCS 5/22.51a new)

Sec. 22.51a. Tier 1 construction or demolition debris soil fill operation.

(a) No person shall conduct any Tier 1 construction or demolition debris soil fill operation in violation of this Act or any regulations or standards adopted by the Board or without a permit issued by the Agency. A Tier 1 construction or demolition debris soil fill operation is any former quarry, mine, or other excavation that disposes of Tier 1 construction or demolition debris soil, as defined in Section 3.160 of this Act. A Tier 1 construction or demolition debris soil fill operation must comply with the Receipt Control Plan requirements and Engineered Control Plan requirements in this Section. A Tier 1 construction or demolition debris soil fill operation shall be subject to the local siting review requirements of Section 39.2 of this Act.

Owners and operators of Tier 1 construction or demolition debris soil fill operations must develop and implement a Receipt Control Plan for construction or demolition debris soil used as fill material. At a minimum, the Receipt Control Plan must provide for and include the following:

(1) A visual inspection to confirm that the soil is Tier 1 construction or demolition debris soil;

(2) A screening of all soil with (i) a photo ionization detector or a flame ionization detector and (ii) an X-ray Fluorescence Spectroscopy instrument to confirm that the soil is consistent with the Tier 1 construction or demolition debris soil certification required under Section 22.48a of this Act. The Agency by permit may approve the use of instruments other than the instruments identified in item (2) of this subsection (a);

(3) A report for any soil that includes: (i) a copy of the Tier 1 construction or demolition debris soil certification required under Section 22.48a of this Act from the soil hauler; (ii) a chemical analysis of the soil to confirm that it is Tier 1 construction or demolition debris soil if the Tier 1 construction or demolition debris soil certification does not include chemical analysis results demonstrating that the soil is Tier 1 construction or demolition debris soil, or if the owner or operator of the fill operation does not agree with the certification; and (iii) a confirmation that the soil was not removed from a site as a part of activities conducted under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a Resource Conservation and Recovery Act (RCRA) Closure or Corrective Action, or an Agency remediation program such as the Site Remediation Program or Leaking Underground Storage Tank Program; and

(4) The posting of a sign at the entrance of the fill operation that includes the type of material the facility accepts.

(b) Chemical analysis conducted under this Section must be conducted in accordance with the requirements of 35 Ill. Adm. Code 742 and "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA Publication No. SW-846, as amended. A copy of the lab analysis, on the letterhead of the laboratory conducting the analysis and signed by the person that conducted the analysis or his or her supervisor, must be included in the operating record for the Tier 1 construction or demolition debris soil fill operation along with the Tier 1 construction or demolition debris soil certifications required under Section 22.48a of this Act.

Owners and operators of Tier 1 construction or demolition debris soil fill operations must document the inspections, screening, and chemical analysis conducted under this Section. Owners and operators must maintain the documentation, along with the required Tier 1 construction or demolition debris soil certifications, for at least 3 years after the date of accepting the soil, except that documentation and certifications relating to an appeal, litigation, or other disputed claim must be maintained for at least 3 years after the date of the final disposition of the appeal, litigation, or other disputed claim. Copies of the documentation and the certifications must be made available to the Agency for inspection and copying during normal business hours.

(c) Owners and operators of Tier 1 construction or demolition debris soil fill operations must develop and implement a closure and post-closure care plan that includes, but is not limited to, covering all Tier 1 construction or demolition debris soil with at least 3 feet of uncontaminated soil, a road, or a structure within 30 days after completion of the filling.

(d) No person shall use contaminated soil as fill material in a current or former quarry, mine, or other excavation unless the soil is Tier 1 construction or demolition debris soil.

(e) For the purposes of this Section, the term "other excavation" does not include holes, trenches, or similar earth removal created as part of normal construction, removal, or maintenance of a structure, utility, or transportation infrastructure.

(f) A Tier 1 construction or demolition debris soil fill operation must comply with the following engineered control plan requirements:

(1) Prior to the acceptance of Tier I construction or demolition debris soil, a land use restriction that restricts property use to industrial or commercial uses must be recorded in the chain of title for the property on which the quarry, mine, or other excavation is located.

(2) A Tier 1 construction or demolition debris soil fill operation shall implement a groundwater monitoring program based upon a comprehensive site hydrogeological characterization. The groundwater monitoring program shall be approved by the Agency.

(415 ILCS 5/58.19 new)

Sec. 58.19. Intergovernmental agreement.

(a) The Agency may, by intergovernmental agreement, develop a special authorization for the removal and reuse of soil only from and to sites and locations situated wholly within the corporate boundaries of a municipality having a population in excess of 1,000,000. The terms and conditions of the intergovernmental agreement and special authorization shall:

(1) apply only to soils that are removed from sites owned by the municipality and located within the corporate limits of the municipality, and that are reused as engineered barriers at SRP Sites in accordance with the Agency's Tiered Approach to Corrective Action Objectives (TACO), as general fill below those engineered barriers in accordance with IEPA requirements, or at IEPA Response Action Sites in accordance with IEPA requirements;

(2) require the municipality to examine and research each proposed soil removal location to determine whether there has been any potential for contamination of the soil as a result of current or past land uses or activities;

(3) require the municipality to ensure that representative soil samples are collected from each proposed soil removal location prior to removing the soil for reuse, and from the soil delivered to SRP sites or IEPA Response Action Sites for reuse. The municipality shall also ensure that each sample is analyzed for all of the parameters designated by IEPA;

(4) apply only to soil that does not contain a contaminant other than the contaminants set forth in Appendix A of 35 Ill. Adm. Code 740;

(5) require the municipality to ensure that soils leaving the site are visually inspected and not mixed with wastes or otherwise contaminated; and

(6) apply only to soil that does not exceed Tier 1 Soil Remediation Objectives for Residential Properties set forth in Appendix B of 35 Ill. Adm. Code 742.

(b) Prior to entering into any intergovernmental agreement or granting any special authorization pursuant to this Section, the Agency and the municipality shall provide public notice and jointly conduct at least one public hearing on the subject matter of the agreement and the special authorization. The Agency and the municipality shall:

(1) provide at least 45 days' written notice of the parties' intent to enter into an intergovermental agreement or grant a special authorization;

(2) conduct a public hearing in the ward, or in at least one of the wards, in which the soil is to be deposited or reused;

(3) submit the text of the proposed intergovernmental agreement or special authorization for publication in the Illinois Register at least 45 days before the public meeting; and

(4) make available copies of the actual text of the proposed intergovernmental agreement or special authorization to the public upon request and to the public at the public meeting.

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