SR0090 98TH GENERAL ASSEMBLY

SR0090 LRB098 10483 JDS 40714 r

SENATE RESOLUTION

WHEREAS, The Illinois Environmental Protection Agency maintains jurisdiction over and has the authority to issue Beneficial Use Determinations regarding the recycling of asphalt roofing shingles in the State of Illinois; and

WHEREAS, In 2011, the Illinois Senate passed HB1326, now Public Act 97-0314, which authorized the Illinois Department of Transportation ("Department") to use recycled asphalt shingles in its hot mix asphalt projects; and

WHEREAS, The Department uses recycled asphalt shingles in its hot mix asphalt projects; and

WHEREAS, The Committee believes that it is necessary for the Department to develop a protocol to ensure that only responsible recyclers operating under appropriate permits issued by the Illinois Environmental Protection Agency are providing materials to the Department for its use; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Department not to approve the production of hot mixes from recycled asphalt shingles, or to use recycled asphalt shingles from a recycler in its projects, until the Department has received from the Illinois Environmental Protection Agency verified information on behalf of the recycler and its principals regarding its history of ownership, operation, and environmental non-compliance in this State and any other; and be it further

RESOLVED, That we urge the Department to require the following verified information from the recycler: the names of the entity and its principals; the location of the recycling facility; the tax identification and social security numbers for the entity and its principals; a verification of prior ownership or operation of any recycling facility in this State or any other; an identification of any criminal conviction by the owners or operators of the facility; an identification of any conviction under a notice of violation or similar complaint based on environmental non-compliance in this State or any other by the owners or operators of the facility; a disclosure of any historical administrative or judicial determination associated with environmental non-compliance by the owners or operators of the facility; an identification of any pending administrative or judicial proceeding against the recycler or its principals; and be it further

RESOLVED, That we urge the Department to review all verified information from the Illinois Environmental Protection Agency and to make a determination regarding the propriety of the recycler's production of material for use in Department projects; provided that we further urge the Department not to approve any recycler that has a pending or unresolved environmental compliance action in this State or any other against it or any of its principals; and be it further

RESOLVED, That we urge the Department, on an annual basis, to obtain verification from the Illinois Environmental Protection Agency that each asphalt producer which used recycled asphalt shingles on Department projects during the previous calendar year did so in accordance with subsection (b) of Section 4-221 of the Illinois Highway Code; provided that we further urge the Department not to approve an asphalt producer for production in any calendar prior to receiving such verification from the Illinois Environmental Protection Agency.