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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 Section 22.51 as follows: | ||||||
6 | (415 ILCS 5/22.51)
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7 | Sec. 22.51. Clean Construction or Demolition Debris Fill | ||||||
8 | Operations. | ||||||
9 | (a) No person shall conduct any clean construction or | ||||||
10 | demolition debris fill operation in violation of this Act or | ||||||
11 | any regulations or standards adopted by the Board. | ||||||
12 | (b)(1)(A) Beginning 30 days after the effective date of | ||||||
13 | this amendatory Act of the 94th General Assembly but prior to | ||||||
14 | July 1, 2008, no person shall use clean construction or | ||||||
15 | demolition debris as fill material in a current or former | ||||||
16 | quarry, mine, or other excavation, unless they have applied for | ||||||
17 | an interim authorization from the Agency for the clean | ||||||
18 | construction or demolition debris fill operation. | ||||||
19 | (B) The Agency shall approve an interim authorization upon | ||||||
20 | its receipt of a written application for the interim | ||||||
21 | authorization that is signed by the site owner and the site | ||||||
22 | operator, or their duly authorized agent, and that contains the | ||||||
23 | following information: (i) the location of the site where the |
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1 | clean construction or demolition debris fill operation is | ||||||
2 | taking place, (ii) the name and address of the site owner, | ||||||
3 | (iii) the name and address of the site operator, and (iv) the | ||||||
4 | types and amounts of clean construction or demolition debris | ||||||
5 | being used as fill material at the site , and (v) a site | ||||||
6 | reclamation plan that addresses potential hazards to public | ||||||
7 | health and safety . | ||||||
8 | (C) The Agency may deny an interim authorization if the | ||||||
9 | site owner or the site operator, or their duly authorized | ||||||
10 | agent, fails to provide to the Agency the information listed in | ||||||
11 | subsection (b)(1)(B) of
this Section. Any denial of an interim | ||||||
12 | authorization shall be subject to appeal to the Board in | ||||||
13 | accordance with the procedures of Section 40 of this Act. | ||||||
14 | (D) No person shall use clean construction or demolition | ||||||
15 | debris as fill material in a current or former quarry, mine, or | ||||||
16 | other excavation for which the Agency has denied interim | ||||||
17 | authorization under subsection (b)(1)(C) of this Section. The | ||||||
18 | Board may stay the prohibition of this subsection (D) during | ||||||
19 | the pendency of an appeal of the Agency's denial of the interim | ||||||
20 | authorization brought under subsection (b)(1)(C) of this | ||||||
21 | Section. | ||||||
22 | (2) Beginning September 1, 2006, owners and
operators of | ||||||
23 | clean construction or demolition debris fill operations shall, | ||||||
24 | in accordance with a schedule prescribed by the Agency, submit | ||||||
25 | to the Agency applications for the
permits required under this | ||||||
26 | Section. The Agency shall notify owners and operators in |
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1 | writing of the due date for their permit application. The due | ||||||
2 | date shall be no less than 90 days after the date of the | ||||||
3 | Agency's written notification. Owners and operators who do not | ||||||
4 | receive a written notification from the Agency by October 1, | ||||||
5 | 2007, shall submit a permit application to the Agency by | ||||||
6 | January 1, 2008. The interim authorization of owners and | ||||||
7 | operators who fail to submit a permit application to the Agency | ||||||
8 | by the permit application's due date shall terminate on (i) the | ||||||
9 | due
date established by the Agency if the owner or operator | ||||||
10 | received a written notification from the Agency prior to
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11 | October 1, 2007, or (ii) or January 1, 2008, if the owner or | ||||||
12 | operator did not receive a written notification from the Agency | ||||||
13 | by October 1, 2007. | ||||||
14 | (3) On and after July 1, 2008, no person shall use clean | ||||||
15 | construction or demolition debris as fill material in a current | ||||||
16 | or former quarry, mine, or other excavation without a permit | ||||||
17 | granted by the Agency for the clean construction or demolition | ||||||
18 | debris fill operation or in violation of any conditions imposed | ||||||
19 | by such permit, including periodic reports and full access to | ||||||
20 | adequate records and the inspection of facilities, as may be | ||||||
21 | necessary to assure compliance with this Act and with Board | ||||||
22 | regulations and standards adopted under this Act. The Board | ||||||
23 | shall amend these rules as expeditiously as possible to bring | ||||||
24 | them into compliance with the requirements of this amendatory | ||||||
25 | Act of the 96th General Assembly. | ||||||
26 | (4) This subsection (b) does not apply to: |
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1 | (A) the use of clean construction or demolition debris | ||||||
2 | as fill material in a current or former quarry, mine, or | ||||||
3 | other excavation located on the site where the clean | ||||||
4 | construction or demolition debris was generated; | ||||||
5 | (B) the use of clean construction or demolition debris | ||||||
6 | as fill material in an excavation other than a current or | ||||||
7 | former quarry or mine if this use complies with Illinois | ||||||
8 | Department of Transportation specifications; or
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9 | (C) current or former quarries, mines, and other | ||||||
10 | excavations that do not use clean construction or | ||||||
11 | demolition debris as fill material.
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12 | (c) In accordance with Title VII of this Act, the Board may | ||||||
13 | adopt regulations to promote the purposes of this Section. The | ||||||
14 | Agency shall consult with the mining and construction | ||||||
15 | industries during the development of any regulations to promote | ||||||
16 | the purposes of this Section. | ||||||
17 | (1) No later than December 15, 2005, the Agency shall | ||||||
18 | propose to the Board, and no later than September 1, 2006, | ||||||
19 | the Board shall adopt, regulations for the use of clean | ||||||
20 | construction or demolition debris as fill material in | ||||||
21 | current and former quarries, mines, and other excavations. | ||||||
22 | Such regulations shall include, but shall not be limited | ||||||
23 | to, standards for clean construction or demolition debris | ||||||
24 | fill operations and the submission and review of permits | ||||||
25 | required under this Section. | ||||||
26 | (2) Until the Board adopts rules under subsection |
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1 | (c)(1) of this Section, all persons using clean | ||||||
2 | construction or
demolition debris as fill material in a | ||||||
3 | current or former quarry, mine, or other excavation shall: | ||||||
4 | (A) Assure that only clean construction or | ||||||
5 | demolition debris is being used as fill material by | ||||||
6 | screening each truckload of material received using a | ||||||
7 | device approved by the Agency that detects volatile | ||||||
8 | organic compounds. Such devices may include, but are | ||||||
9 | not limited to, photo ionization detectors. All | ||||||
10 | screening devices shall be operated and maintained in | ||||||
11 | accordance with manufacturer's specifications. | ||||||
12 | Unacceptable fill material shall be rejected from the | ||||||
13 | site; and | ||||||
14 | (B) Retain for a minimum of 3 years the following | ||||||
15 | information: | ||||||
16 | (i) The name of the hauler, the name of the | ||||||
17 | generator, and place of origin of the debris or | ||||||
18 | soil; | ||||||
19 | (ii) The approximate weight or volume of the | ||||||
20 | debris or soil; and | ||||||
21 | (iii) The date the debris or soil was received. | ||||||
22 | (d) This Section applies only to clean construction or | ||||||
23 | demolition debris that is not considered "waste" as provided in | ||||||
24 | Section 3.160 of this Act. | ||||||
25 | (e) For purposes of a clean construction or demolition | ||||||
26 | debris fill operation: |
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1 | (1) The term "operator" means a person responsible for | ||||||
2 | the operation and maintenance of a clean construction or | ||||||
3 | demolition debris fill operation. | ||||||
4 | (2) The term "owner" means a person who has any direct | ||||||
5 | or indirect interest in a clean construction or demolition | ||||||
6 | debris fill operation or in land on which a person operates | ||||||
7 | and maintains a clean construction or demolition debris | ||||||
8 | fill operation. A "direct or indirect interest" does not | ||||||
9 | include the ownership of publicly traded stock. The "owner" | ||||||
10 | is the "operator" if there is no other person who is | ||||||
11 | operating and maintaining a clean construction or | ||||||
12 | demolition debris fill operation.
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13 | (Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06 .)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
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