Rep. Michael J. Zalewski

Filed: 3/11/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1866

2    AMENDMENT NO. ______. Amend House Bill 1866 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 22.38 as follows:
 
6    (415 ILCS 5/22.38)
7    Sec. 22.38. Facilities accepting exclusively general
8construction or demolition debris for transfer, storage, or
9treatment.
10    (a) Facilities accepting exclusively general construction
11or demolition debris for transfer, storage, or treatment shall
12be subject to local zoning, ordinance, and land use
13requirements. Those facilities shall be located in accordance
14with local zoning requirements or, in the absence of local
15zoning requirements, shall be located so that no part of the
16facility boundary is closer than 1,320 feet from the nearest

 

 

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1property zoned for primarily residential use.
2    (b) An owner or operator of a facility accepting
3exclusively general construction or demolition debris for
4transfer, storage, or treatment shall:
5        (1) Within 48 hours after receipt of the general
6    construction or demolition debris at the facility, sort
7    the general construction or demolition debris to separate
8    the recyclable general construction or demolition debris,
9    recovered wood that is processed for use as fuel, and
10    general construction or demolition debris that is
11    processed for use at a landfill from the non-recyclable
12    general construction or demolition debris that is to be
13    disposed of or discarded.
14        (2) Transport off site for disposal, in accordance
15    with all applicable federal, State, and local requirements
16    within 72 hours after its receipt at the facility, all
17    non-usable or non-recyclable general construction or
18    demolition debris that is not recyclable general
19    construction or demolition debris, recovered wood that is
20    processed for use as fuel, or general construction or
21    demolition debris that is processed for use at a landfill.
22        (3) Limit the percentage of incoming non-recyclable
23    general construction or demolition debris to the
24    following:
25            (A) 25% or less of the total incoming general
26        construction or demolition debris, so that 75% or more

 

 

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1        of the general construction or demolition debris
2        accepted, as calculated monthly on a rolling 12-month
3        average, consists of recyclable general construction
4        or demolition debris, recovered wood that is processed
5        for use as fuel, or general construction or demolition
6        debris that is processed for use at a landfill except
7        that general construction or demolition debris
8        processed for use at a landfill shall not exceed 35% of
9        the general construction or demolition debris accepted
10        on a rolling 12-month average basis.
11            (B) If the facility is certified by the Recycling
12        Certification Institute as an RCI Certified Facility,
13        50% or less of the total incoming general construction
14        or demolition debris, so that 50% or more of the
15        general construction or demolition debris accepted, as
16        calculated monthly on a rolling 12-month average,
17        consists of recyclable general construction or
18        demolition debris, recovered wood that is processed
19        for use as fuel, or general construction or demolition
20        debris that is processed for use at a landfill, except
21        that general construction or demolition debris
22        processed for use at a landfill shall not exceed 20% of
23        the general construction or demolition debris accepted
24        on a rolling 12-month average basis.
25    The percentages in this paragraph (3) of subsection (b)
26shall be calculated by weight, using scales located at the

 

 

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1facility that are certified under the Weights and Measures
2Act.
3        (4) Within 6 months after its receipt at the facility,
4    transport:
5            (A) all non-putrescible recyclable general
6        construction or demolition debris for recycling or
7        disposal; and
8            (B) all non-putrescible general construction or
9        demolition debris that is processed for use at a
10        landfill to a MSWLF unit for use or disposal.
11        (5) Within 45 days after its receipt at the facility,
12    transport:
13            (A) all putrescible or combustible recyclable
14        general construction or demolition debris (excluding
15        recovered wood that is processed for use as fuel) for
16        recycling or disposal;
17            (B) all recovered wood that is processed for use
18        as fuel to an intermediate processing facility for
19        sizing, to a combustion facility for use as fuel, or to
20        a disposal facility; and
21            (C) all putrescible general construction or
22        demolition debris that is processed for use at a
23        landfill to a MSWLF unit for use or disposal.
24        (6) Employ tagging and recordkeeping procedures to (i)
25    demonstrate compliance with this Section and (ii) identify
26    the source and transporter of material accepted by the

 

 

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1    facility.
2        (7) Control odor, noise, combustion of materials,
3    disease vectors, dust, and litter.
4        (8) Control, manage, and dispose of any storm water
5    runoff and leachate generated at the facility in
6    accordance with applicable federal, State, and local
7    requirements.
8        (9) Control access to the facility.
9        (10) Comply with all applicable federal, State, or
10    local requirements for the handling, storage,
11    transportation, or disposal of asbestos-containing
12    material or other material accepted at the facility that
13    is not general construction or demolition debris.
14        (11) Prior to August 24, 2009 (the effective date of
15    Public Act 96-611), submit to the Agency at least 30 days
16    prior to the initial acceptance of general construction or
17    demolition debris at the facility, on forms provided by
18    the Agency, the following information:
19            (A) the name, address, and telephone number of
20        both the facility owner and operator;
21            (B) the street address and location of the
22        facility;
23            (C) a description of facility operations;
24            (D) a description of the tagging and recordkeeping
25        procedures the facility will employ to (i) demonstrate
26        compliance with this Section and (ii) identify the

 

 

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1        source and transporter of any material accepted by the
2        facility;
3            (E) the name and location of the disposal sites to
4        be used for the disposal of any general construction
5        or demolition debris received at the facility that
6        must be disposed of;
7            (F) the name and location of an individual,
8        facility, or business to which recyclable materials
9        will be transported;
10            (G) the name and location of intermediate
11        processing facilities or combustion facilities to
12        which recovered wood that is processed for use as fuel
13        will be transported; and
14            (H) other information as specified on the form
15        provided by the Agency.
16        (12) On or after August 24, 2009 (the effective date
17    of Public Act 96-611), obtain a permit issued by the
18    Agency prior to the initial acceptance of general
19    construction or demolition debris at the facility.
20        When any of the information contained or processes
21    described in the initial notification form submitted to
22    the Agency under paragraph (11) of subsection (b) of this
23    Section changes, the owner and operator shall submit an
24    updated form within 14 days of the change.
25    (c) For purposes of this Section, the term "recyclable
26general construction or demolition debris" means general

 

 

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1construction or demolition debris that has been rendered
2reusable and is reused or that would otherwise be disposed of
3or discarded but is collected, separated, or processed and
4returned to the economic mainstream in the form of raw
5materials or products. "Recyclable general construction or
6demolition debris" does not include (i) general construction
7or demolition debris processed for use as fuel, incinerated,
8burned, buried, or otherwise used as fill material or (ii)
9general construction or demolition debris that is processed
10for use at a landfill.
11    (d) For purposes of this Section, "treatment" means
12processing designed to alter the physical nature of the
13general construction or demolition debris, including but not
14limited to size reduction, crushing, grinding, or
15homogenization, but does not include processing designed to
16change the chemical nature of the general construction or
17demolition debris.
18    (e) For purposes of this Section, "recovered wood that is
19processed for use as fuel" means wood that has been salvaged
20from general construction or demolition debris and processed
21for use as fuel, as authorized by the applicable state or
22federal environmental regulatory authority, and supplied only
23to intermediate processing facilities for sizing, or to
24combustion facilities for use as fuel, that have obtained all
25necessary waste management and air permits for handling and
26combustion of the fuel.

 

 

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1    (f) For purposes of this Section, "non-recyclable general
2construction or demolition debris" does not include "recovered
3wood that is processed for use as fuel" or general
4construction or demolition debris that is processed for use at
5a landfill.
6    (g) Recyclable general construction or demolition debris,
7recovered wood that is processed for use as fuel, and general
8construction or demolition debris that is processed for use at
9a landfill shall not be considered as meeting the 75%
10diversion requirement for purposes of subdivision (b)(3) of
11this Section if sent for disposal at the end of the applicable
12retention period.
13    (h) For the purposes of this Section, "general
14construction or demolition debris that is processed for use at
15a landfill" means general construction or demolition debris
16that is processed for use at a MSWLF unit as alternative daily
17cover, road building material, or drainage structure building
18material in accordance with the MSWLF unit's waste disposal
19permit issued by the Agency under this Act.
20    (i) For purposes of the 75% diversion requirement under
21subdivision (b)(3) of this Section, owners and operators of
22facilities accepting exclusively general construction or
23demolition debris for transfer, storage, or treatment may
24multiply by 2 the amount of accepted asphalt roofing shingles
25that are transferred to a facility for recycling in accordance
26with a beneficial use determination issued under Section 22.54

 

 

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1of this Act. The owner or operator of the facility accepting
2exclusively general construction or demolition debris for
3transfer, storage, or treatment must maintain receipts from
4the shingle recycling facility that document the amounts of
5asphalt roofing shingles transferred for recycling in
6accordance with the beneficial use determination. All receipts
7must be maintained for a minimum of 3 years and must be made
8available to the Agency for inspection and copying during
9normal business hours.
10(Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09;
1196-1000, eff. 7-2-10; 97-230, eff. 7-28-11; 97-314, eff.
121-1-12; 97-813, eff. 7-13-12.)".