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HB4172 Engrossed |
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LRB095 14143 CMK 40004 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by |
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| changing Section 3.135 as follows:
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| (415 ILCS 5/3.135) (was 415 ILCS 5/3.94)
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| Sec. 3.135. Coal combustion by-product; CCB.
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| (a) "Coal combustion
by-product" (CCB) means coal |
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| combustion waste when used beneficially in any of
the following |
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| ways: |
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| (1) The extraction or recovery of material compounds |
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| contained within CCB.
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| (2) The use of CCB as a raw ingredient or mineral |
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| filler in the
manufacture of the following commercial |
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| products: cement; concrete and concrete mortars; |
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| cementious products
including block, pipe and |
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| precast/prestressed components; asphalt or cementious |
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| roofing products; plastic products including pipes and |
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| fittings; paints
and metal alloys; kiln fired products |
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| including bricks, blocks, and tiles; abrasive media; |
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| gypsum wallboard; asphaltic concrete, or asphalt based |
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| paving material. |
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| (3) CCB used (A) in accordance with the Illinois |
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LRB095 14143 CMK 40004 b |
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| Department of Transportation ("IDOT") standard
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| specifications and subsection (a-5) of this Section or (B)
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| under the
approval of the Department of Transportation for |
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| IDOT projects.
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| (4) Bottom ash used as antiskid material, athletic |
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| tracks, or foot paths.
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| (5) Use in the
stabilization or modification of
soils |
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| providing the CCB meets the IDOT
specifications for soil |
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| modifiers.
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| (6) CCB used as a functionally equivalent substitute |
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| for agricultural lime
as a soil conditioner.
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| (7) Bottom ash used in non-IDOT pavement sub-base or
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| base, pipe bedding, or foundation
backfill.
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| (8) Structural fill, when used in an engineered |
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| application or combined
with cement, sand, or water to |
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| produce a controlled strength fill material
and covered |
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| with 12 inches of soil , within 30 days after the final |
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| placement and completion of the structural fill project or |
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| if the project becomes inactive for more than 90 days, |
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| unless infiltration is prevented by the
material itself or |
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| other suitable cover material. CCB may be used under this |
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| item (8) only if the structural fill is located no less |
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| than 250 feet from any active or operating downgradient |
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| well being used as a residential or municipal potable water |
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| source. |
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| Within 3 months after notification to the Agency under |
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LRB095 14143 CMK 40004 b |
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| item (C) of subsection (a-5) of this Section, the Agency |
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| must inspect the structural fill project to ensure that the |
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| cover requirements of this item (8) are satisfied for each |
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| project involving the use of coal combustion waste as |
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| structural fill.
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| (9) Mine subsidence, mine fire control, mine sealing, |
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| and mine reclamation. |
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| (a-5) Except to the extent that the uses are otherwise |
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| authorized by law
without such restrictions, the uses specified |
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| in items (a)(3)(A) and (a)(7) through (9) shall be subject to |
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| the
following conditions:
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| (A) CCB shall not have been mixed with hazardous waste |
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| prior to use.
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| (B) CCB shall not exceed Class I Groundwater Standards |
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| for
metals when
tested utilizing test method ASTM D3987-85. |
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| The sample or samples tested shall be representative of the |
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| CCB being considered for use.
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| (C) Unless otherwise exempted, users of CCB for the |
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| purposes described in items (a)(3)(A) and (a)(7) through |
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| (9) of this Section shall provide notification
to the |
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| Agency for each project utilizing CCB documenting the |
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| quantity of CCB
utilized and certification of compliance |
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| with conditions (A) and (B) of this subsection.
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| Notification shall not be required for users of CCB for |
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| purposes described in items (a)(1), (a)(2), (a)(3)(B), |
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| (a)(4), (a)(5) and (a)(6) of this Section, or as required |
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LRB095 14143 CMK 40004 b |
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| specifically under a beneficial use determination as |
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| provided under this Section, or pavement base, parking lot |
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| base, or
building base projects utilizing less than 10,000 |
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| tons, flowable fill/grout
projects utilizing less than |
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| 1,000 cubic yards or other applications utilizing
less than |
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| 100 tons.
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| (D) Fly ash shall be managed in a manner that minimizes |
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| the generation
of airborne particles and dust using |
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| techniques such as moisture conditioning,
granulating, |
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| inground application, or other demonstrated method.
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| (E) CCB is not to be accumulated speculatively. CCB is |
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| not accumulated
speculatively if during the calendar year, |
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| the CCB used is equal to 75% of the
CCB by weight or volume |
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| accumulated at the beginning of the period.
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| (F) CCB shall include any prescribed mixture of fly |
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| ash, bottom ash, boiler slag, flue gas desulfurization |
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| scrubber sludge, fluidized bed combustion ash, and stoker |
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| boiler ash and shall be tested as intended for use.
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| (b) To encourage and promote the utilization of CCB in |
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| productive and beneficial
applications, upon request by the |
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| applicant, the Agency shall make a written beneficial use |
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| determination that coal-combustion
waste is CCB when used in a |
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| manner other than those uses specified in subsection (a) of |
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| this Section if the applicant demonstrates that use of the |
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| coal-combustion waste satisfies all of the following criteria: |
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| the use will not cause, threaten, or allow the discharge of any |
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| contaminant into the environment; the use will otherwise |
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| protect human health and safety and the environment; and the |
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| use constitutes a legitimate use of the coal-combustion waste |
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| as an ingredient or raw material that is an effective |
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| substitute for an analogous ingredient or raw material.
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| Notwithstanding the criteria set forth in this subsection |
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| (b), the The Agency's beneficial use determinations may allow |
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| the uses set forth in items (a)(3)(A) and (a)(7) through (9) of |
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| this Section without the CCB being subject to the restrictions |
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| set forth in subdivisions (a-5)(B) and (a-5)(E) of this |
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| Section.
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| Within 90 days after the receipt of an application for a |
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| beneficial use determination under this subsection (b), the |
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| Agency shall, in writing, approve, disapprove, or approve with |
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| conditions the beneficial use. Any disapproval or approval with |
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| conditions shall include the Agency's reasons for the |
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| disapproval or conditions. Failure of the Agency to issue a |
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| decision within 90 days shall constitute disapproval of the |
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| beneficial use request. These beneficial use determinations |
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| are subject to review under Section 40 of this Act.
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| Any approval of a beneficial use under this subsection (b) |
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| shall become effective upon the date of the Agency's written |
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| decision and remain in effect for a period of 5 years. If an |
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| applicant desires to continue a beneficial use after the |
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| expiration of the 5-year period, the applicant must submit an |
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| application for renewal no later than 90 days prior to the |
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LRB095 14143 CMK 40004 b |
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| expiration. The beneficial use approval shall be automatically |
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| extended unless denied by the Agency in writing with the |
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| Agency's reasons for disapproval, or unless the Agency has |
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| requested an extension for review, in which case the use will |
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| continue to be allowed until an Agency determination is made. |
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| Coal-combustion waste for which a beneficial use is |
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| approved pursuant to this subsection (b) shall be considered |
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| CCB during the effective period of the approval, and the |
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| continued approval upon renewal may not be denied by the Agency |
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| as long as it is used in accordance with the approval and any |
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| conditions. Any determination under this subsection (b) is |
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| subject to review under Section 40 of this Act. |
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| Notwithstanding the other provisions of this subsection |
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| (b), written beneficial use determination applications for the |
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| use of CCB at sites governed by the federal Surface Mining |
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| Control and Reclamation Act of 1977 (P.L. 95-87) or the rules |
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| and regulations thereunder, or by any law or rule or regulation |
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| adopted by the State of Illinois pursuant thereto, shall be |
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| reviewed and approved by the Office of Mines and Minerals |
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| within the Department of Natural Resources pursuant to 62 Ill. |
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| Adm. Code §§ 1700-1850. Further, appeals of those |
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| determinations shall be made pursuant to the Illinois |
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| Administrative Review Law.
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| The Board shall adopt rules establishing standards and |
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| procedures for the Agency's issuance of beneficial use |
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| determinations under this subsection (b). The Board rules may |
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LRB095 14143 CMK 40004 b |
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| also, but are not required to, include standards and procedures |
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| for the revocation of the beneficial use determinations. Prior |
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| to the effective date of Board rules adopted under this |
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| subsection (b), the Agency is authorized to make beneficial use |
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| determinations in accordance with this subsection (b). |
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| Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor shall make or promulgate rules |
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| to implement or enforce the provisions of this amendatory Act |
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| of the 95th General Assembly. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this paragraph, "rules" |
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| is given the meaning contained in Section 1-70 of the Illinois |
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| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| No later than January 1, 2009, the Governor, in |
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| coordination with the Agency and the Board, must propose rules |
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| to the General Assembly by filing them with the Clerk of the |
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| House and the Secretary of the Senate and request that the |
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| General Assembly authorize such rulemaking by law, enact those |
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| proposed rules into law, or take any other appropriate action |
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HB4172 Engrossed |
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LRB095 14143 CMK 40004 b |
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| in the General Assembly's discretion. The proposed rules must |
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| concern the use of CCB under item (8) of subsection (a). The |
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| proposed rules must include specific guidelines for the use of |
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| CCB as structural fill and a site-approval process. The |
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| proposed rules must specify that agency approval is not |
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| required for a structural fill project if that project uses |
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| less than 10,000 tons of CCB material or if the fill material |
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| meets the ASTM D3987-85 standards for Class 1 Groundwater. The |
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| proposed rules for a site-approval process must include, along |
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| with other permits that may be required, (i) specific |
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| timeframes for Agency approval and (ii) informal consultation |
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| with the Department of Natural Resources on whether the |
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| structural fill project will harm any endangered species. |
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| The Agency is authorized to prepare and distribute guidance |
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| documents relating to its administration of this Section. |
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| Guidance documents prepared under this subsection are not rules |
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| for the purposes of the Illinois Administrative Procedure Act.
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| (c) In addition to the other penalties and remedies |
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| provided in this Act, any person harmed by a violation of item |
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| (8) of subsection (a) of this Section may bring a civil action |
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| in the circuit court of the county of that person's residence |
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| for damages or other appropriate legal or equitable remedies |
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| against the violator. |
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| (Source: P.A. 94-66, eff. 1-1-06.) |