SB2034 Engrossed

LRB096 03540 JDS 14503 b






1
    AN ACT concerning safety.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Environmental Protection Act is amended  by 
5
adding Section 22.54 as follows:
 
6
    (415 ILCS 5/22.54  new)
7
    Sec. 22.54. Beneficial Use Determinations. The purpose of 
8
this Section is to allow the Agency to determine that a 
9
material otherwise required to be managed as waste may  be 
10
managed as non-waste if that material is  used beneficially and 
11
in a manner that is protective of human health and the 
12
environment.
13
    (a) To the extent allowed by federal law, the Agency may, 
14
upon the request of an applicant, make a written determination 
15
that a material is used beneficially (rather than discarded) 
16
and, therefore, not a waste if the applicant demonstrates all 
17
of the following:
18
        (1) The chemical and physical properties of the 
19
    material are comparable to similar commercially available 
20
    materials.
21
        (2) The market demand for the material is such that all 
22
    of the following requirements are met:
23
            (A) The material will be used within a reasonable 
 


 






SB2034 Engrossed
- 2 -
LRB096 03540 JDS 14503 b




1
        time.
2
            (B)  The material's storage prior to use will be 
3
        minimized.
4
            (C) The material  will not be abandoned.
5
        (3) The material is legitimately beneficially used. 
6
    For the purposes of this item (3) of subsection (a) of this 
7
    Section, a material is "legitimately beneficially used" if 
8
    the applicant demonstrates all of the following:
9
            (A) The material is managed separately from waste, 
10
        as a valuable material, and in a manner that maintains 
11
        its beneficial usefulness, including, but not limited 
12
        to, storing in a manner that minimizes the material's 
13
        loss and maintains its beneficial usefulness.
14
            (B) The material is used as an effective substitute 
15
        for a similar commercially available material.  For the 
16
        purposes of this paragraph (B) of item (3) of 
17
        subsection (a) of this Section, a material is "used as 
18
        an effective substitute for a commercially available 
19
        material" if the applicant demonstrates one or more of 
20
        the following:
21
                (i) The material is used as a valuable raw 
22
            material or ingredient to produce a legitimate end 
23
            product.
24
                (ii) The material is used directly as a 
25
            legitimate end product in place of a similar 
26
            commercially available product.
 


 






SB2034 Engrossed
- 3 -
LRB096 03540 JDS 14503 b




1
                (iii) The material replaces a catalyst or 
2
            carrier to produce a legitimate end product.
3
            The applicant's demonstration under this paragraph 
4
        (B) of item (3) of subsection (a) of this Section must 
5
        include, but is not limited to, a description of the 
6
        use of the material, a description of the use of the 
7
        legitimate end product, and a demonstration that the 
8
        use of the material is comparable to the use of similar 
9
        commercially available products.
10
            (C) The applicant demonstrates all of the 
11
        following:
12
                (i)  The material is used under paragraph (B) of 
13
            item (3) of subsection (a) of this Section within a 
14
            reasonable time.
15
                (ii) The material's storage prior to use is 
16
            minimized.
17
                (iii) The material is not abandoned.
18
        (4) The management and use of the material will not 
19
    cause, threaten, or allow the release of any contaminant 
20
    into the environment, except as authorized by law.
21
        (5) The management and use of the material otherwise 
22
    protects human health and safety and the environment.
23
    (b) Applications for beneficial use determinations must be 
24
submitted on forms and in a format prescribed by the Agency.  
25
Agency approval, approval with conditions, or disapproval of an 
26
application for a beneficial use determination must be in 
 


 






SB2034 Engrossed
- 4 -
LRB096 03540 JDS 14503 b




1
writing.  Approvals with conditions and disapprovals of 
2
applications for a beneficial use determination must include 
3
the Agency's reasons for the conditions or disapproval, and 
4
they are subject to review under Section 40 of this Act.
5
    (c) Beneficial use determinations shall be effective for a 
6
period approved by the Agency, but that period may not exceed 5 
7
years.  Material that is beneficially used (i) in accordance 
8
with a beneficial use determination, (ii) during the effective 
9
period of the beneficial use determination, and (iii) by the 
10
recipient of a beneficial use determination shall maintain its 
11
non-waste status after the effective period of the beneficial 
12
use determination unless its use no longer complies with the 
13
terms of the beneficial use determination or the material 
14
otherwise becomes waste.
15
    (d) No recipient of a beneficial use determination shall 
16
manage or use the material that is the subject of the 
17
determination in violation of the determination or any 
18
conditions in the determination, unless the material is managed 
19
as waste.
20
    (e) A beneficial use determination shall terminate by 
21
operation of law if, due to a change in law, it conflicts with 
22
the law; however, the recipient of the determination may apply 
23
for a new beneficial use determination that is consistent with 
24
the law as amended.
25
    (f) This Section does not apply to hazardous waste, coal 
26
combustion waste, coal combustion by-product, sludge applied 
 


 






SB2034 Engrossed
- 5 -
LRB096 03540 JDS 14503 b




1
to the land, potentially infectious medical waste, or used oil.
2
    (g) This Section does not apply to material that is burned 
3
for energy recovery, that is used to produce a fuel, or that is 
4
otherwise contained in a fuel.
5
    (h) This Section does not apply to waste from the steel and 
6
foundry industries that is (i) classified as beneficially 
7
usable waste under Board rules and (ii) beneficially used in 
8
accordance with Board rules governing the management of 
9
beneficially usable waste from the steel and foundry 
10
industries.  This Section does apply to other beneficial uses of 
11
waste from the steel and foundry industries, including, but not 
12
limited to, waste that is classified as beneficially usable 
13
waste but not used in accordance with the Board's rules 
14
governing the management of beneficially usable waste from the 
15
steel and foundry industries.  No person shall use iron slags, 
16
steelmaking slags, or foundry sands for land reclamation 
17
purposes unless they have obtained a beneficial use 
18
determination for such use under this Section.
19
    (i) For purposes of this Section, the term "commercially 
20
available material" means virgin material that (i) meets 
21
industry standards for a specific use and (ii) is normally sold 
22
for such use.  For purposes of this Section, the term 
23
"commercially available product" means a product made of virgin 
24
material that (i) meets industry standards for a specific use 
25
and (ii) is normally sold for such use.
 

26
    Section 99. Effective date. This Act takes effect upon 
 


 






SB2034 Engrossed
- 6 -
LRB096 03540 JDS 14503 b




1
becoming law.