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HB4622 Engrossed |
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LRB095 17011 BDD 43059 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 22.38 as follows:
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| (415 ILCS 5/22.38)
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| Sec. 22.38. Facilities accepting exclusively general |
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| construction or
demolition debris
for transfer, storage, or |
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| treatment.
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| (a) Facilities accepting exclusively general construction |
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| or demolition
debris for
transfer, storage, or treatment shall |
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| be subject to local zoning, ordinance,
and
land use |
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| requirements.
Those facilities shall be located in accordance |
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| with local zoning requirements
or, in the absence of local |
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| zoning requirements, shall be located so that no
part of the |
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| facility boundary is closer than 1,320 feet from the nearest
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| property zoned for primarily residential use.
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| (b) An owner or operator of a facility accepting |
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| exclusively general
construction or demolition debris for |
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| transfer, storage, or treatment shall:
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| (1) within 48 hours of receipt of the general |
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| construction or demolition
debris at the facility, sort the |
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| general construction or demolition debris to
separate the
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HB4622 Engrossed |
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LRB095 17011 BDD 43059 b |
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| recyclable general construction or demolition debris from |
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| non-recyclable
general construction or demolition debris |
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| to be disposed of or discarded;
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| (2) transport off site for disposal all non-recyclable |
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| general
construction or demolition debris in
accordance |
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| with all applicable federal, State, and local requirements |
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| within 72
hours of its receipt at the facility;
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| (3) limit the percentage of incoming non-recyclable |
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| general construction
or demolition debris to 25% or
less of |
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| the total incoming general construction or demolition |
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| debris,
as calculated on a daily basis;
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| (4) transport all non-putrescible recyclable general |
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| construction or
demolition debris
for recycling or |
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| disposal within 6 months of its receipt at the facility;
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| (5) transport all putrescible or combustible |
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| recyclable general
construction or demolition debris
for |
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| recycling or disposal within 45 days of its receipt at
the |
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| facility;
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| (6) employ tagging and recordkeeping procedures to (i) |
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| demonstrate
compliance
with this Section and (ii) identify |
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| the source and transporter of material
accepted by the |
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| facility;
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| (7) control odor, noise, combustion of materials, |
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| disease vectors, dust,
and litter;
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| (8) control, manage, and dispose of any storm water |
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| runoff and leachate
generated at the facility in accordance |
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HB4622 Engrossed |
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LRB095 17011 BDD 43059 b |
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| with applicable federal, State, and
local requirements;
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| (9) control access to the facility;
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| (10) comply with all applicable federal, State, or |
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| local requirements for
the handling, storage, |
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| transportation, or disposal of asbestos-containing
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| material or other material accepted at the
facility that is |
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| not general construction or demolition debris; and
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| (11) submit to the Agency at least 30 days prior to the |
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| initial acceptance
of general construction or demolition |
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| debris at the facility, on forms provided
by the Agency, |
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| the following information:
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| (A) the name, address, and telephone number of both |
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| the facility owner
and operator;
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| (B) the street address and location of the |
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| facility;
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| (C) a description of facility operations;
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| (D) a description of the tagging and recordkeeping |
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| procedures the
facility will employ to (i) demonstrate |
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| compliance with this Section and (ii)
identify the |
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| source and transporter of any material accepted by the |
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| facility;
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| (E) the name and location of the disposal site to |
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| be used for the
transportation and disposal of |
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| non-recyclable materials accepted at the
facility;
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| (F) the name and location of an individual, |
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| facility, or business to
which recyclable materials |
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HB4622 Engrossed |
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LRB095 17011 BDD 43059 b |
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| will be transported; and
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| (G) other information as specified on the form |
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| provided by the Agency.
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| When any of the information contained or processes |
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| described in the initial
notification form submitted to the |
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| Agency changes, the owner and operator shall
submit an |
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| updated form within 14 days of the change.
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| (c) For purposes of this Section, the term "recyclable |
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| general
construction or demolition debris" means general |
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| construction or demolition
debris that has been rendered |
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| reusable and is reused or that would otherwise
be disposed of |
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| or discarded but is collected, separated, or processed and
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| returned to the economic mainstream in the form of raw |
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| materials or products.
"Recyclable general construction or |
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| demolition debris" does not include general
construction or |
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| demolition debris processed for use as fuel, incinerated,
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| burned, buried, or otherwise used as fill material. "Recyclable |
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| general construction or demolition debris" does, however, |
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| include wood that is salvaged from general construction or |
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| demolition debris and that is processed for use as fuel if the |
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| requirements for the acceptance and combustion of the wood fuel |
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| are included in a fuel specification that is approved for the |
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| combustor in a permit issued by the Agency and if: |
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| (1) the processing of salvaged wood into wood fuel in |
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| accordance with applicable permit requirements removes all |
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| foreign materials (including, without limitation, |
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HB4622 Engrossed |
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LRB095 17011 BDD 43059 b |
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| electrical wiring, metal and plastic objects, brick, |
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| stone, insulation, cardboard, and paper) and contaminated |
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| wood (including, without limitation, preserved wood, |
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| painted wood, laminated wood, particle board, and |
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| chemical-stained or oil-stained wood); or |
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| (2) the wood salvaged for processing into wood fuel in |
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| accordance with applicable permit requirements and that |
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| has not had all foreign materials and contaminated wood |
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| removed is supplied only to intermediaries or end-users |
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| that have obtained all necessary waste management and air |
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| permits for handling and combustion of the wood fuel. |
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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 has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and the |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. 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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HB4622 Engrossed |
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LRB095 17011 BDD 43059 b |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this subsection, "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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| (d) For purposes of this Section, "treatment" means |
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| processing
designed to alter the physical nature of the general |
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| construction or
demolition debris, including but not limited to |
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| size reduction, crushing,
grinding, or
homogenization, but |
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| does not include processing designed to change the chemical
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| nature of the general construction or demolition debris.
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| (Source: P.A. 90-475, eff. 8-17-97.)
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| Section 10. The Illinois Solid Waste Management Act is |
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| amended by changing Section 2.1 as follows:
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| (415 ILCS 20/2.1) (from Ch. 111 1/2, par. 7052.1)
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| Sec. 2.1. Definitions. When used in this Act, unless the |
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| context
otherwise requires, the following terms have the |
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| meanings ascribed to them
in this Section:
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| "Department", when a particular entity is not specified, |
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| means (i) in
the case of a function to be performed on or after |
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| July 1, 1995 (the effective
date of the Department of Natural |
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HB4622 Engrossed |
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LRB095 17011 BDD 43059 b |
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| Resources Act), the Department of Commerce
and Community |
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| Affairs
(now Department of Commerce and Economic Opportunity), |
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| as successor to the former Department of Energy and
Natural |
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| Resources under the Department of Natural Resources Act; or |
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| (ii) in
the case of a function required to be performed before |
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| July 1, 1995, the
former Illinois Department of Energy and |
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| Natural Resources.
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| "Deinked stock" means paper that has been processed to |
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| remove inks,
clays, coatings, binders and other contaminants.
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| "End product" means only those items that are designed to |
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| be used until
disposal; items designed to be used in production |
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| of a subsequent item are
excluded.
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| "High grade printing and writing papers" includes offset |
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| printing paper,
duplicator paper, writing paper (stationery), |
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| office paper, note
pads, xerographic paper, envelopes, form |
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| bond including computer
paper and carbonless forms, book |
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| papers, bond papers, ledger paper, book
stock and cotton fiber |
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| papers.
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| "Paper and paper products" means high grade printing and |
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| writing
papers, tissue products, newsprint, unbleached |
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| packaging and recycled
paperboard.
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| "Postconsumer material" means only those products |
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| generated by a business
or consumer which have served their |
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| intended end uses, and which have been
separated or diverted |
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| from solid waste; wastes generated during production
of an end |
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| product are excluded.
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HB4622 Engrossed |
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LRB095 17011 BDD 43059 b |
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| "Recovered paper material" means paper waste generated |
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| after the completion
of the papermaking process, such as |
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| postconsumer materials, envelope cuttings,
bindery trimmings, |
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| printing waste, cutting and other converting waste, butt
rolls, |
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| and mill wrappers, obsolete inventories, and rejected unused |
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| stock.
"Recovered paper material", however, does not include |
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| fibrous waste
generated during the manufacturing process such |
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| as fibers recovered from
waste water or trimmings of paper |
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| machine rolls (mill broke), or fibrous
byproducts of |
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| harvesting, extraction or woodcutting processes, or forest
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| residues such as bark.
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| "Recycled paperboard" includes recycled paperboard |
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| products, folding
cartons and pad backing.
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| "Recycling" means the process by which solid waste is |
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| collected,
separated and processed for reuse as either a raw |
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| material or a product
which itself is subject to recycling,
but |
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| does not include the combustion
of waste for energy recovery or |
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| volume reduction. "Recycling", however, does include the |
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| combustion of wood or other biomass fuel for energy recovery if |
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| the requirements for acceptance and combustion of the wood or |
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| other biomass fuel are included in a fuel specification |
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| approved for the combustor in a permit issued by the Agency and |
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| if: |
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| (1) the wood or other biomass is salvaged from |
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| non-hazardous, solid waste and converted into fuel in |
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| accordance with applicable permit requirements using a |
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HB4622 Engrossed |
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LRB095 17011 BDD 43059 b |
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| process that removes all foreign materials (including, |
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| without limitation, electrical wiring, metal and plastic |
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| objects, brick, stone, insulation, cardboard, and paper) |
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| and contaminated wood (including, without limitation, |
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| preserved wood, painted wood, laminated wood, particle |
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| board, and chemical-stained or oil-stained wood); or |
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| (2) the wood or other biomass is salvaged from |
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| non-hazardous, solid waste and converted into fuel in |
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| accordance with applicable permit requirements using a |
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| process that does not remove all foreign materials and |
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| contaminated wood and is supplied only to intermediaries or |
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| end-users that have obtained all necessary waste |
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| management and air permits for handling and combustion of |
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| the wood fuel. |
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| For purposes of this definition, "biomass" includes, but is not |
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| limited to, wood and agricultural residues (e.g. corn stover |
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| and wheat straw). Biomass that is used as fuel for energy |
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| recovery excludes, without limitation, energy crops (i.e. |
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| those produced solely or primarily for use as feedstocks in |
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| energy generation processes), sludge (as defined in Section |
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| 3.456 of the Environmental Protection Act), manure, and garbage |
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| (as defined in Section 3.200 of the Environmental Protection |
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| Act).
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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 has any authority to make or |
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HB4622 Engrossed |
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LRB095 17011 BDD 43059 b |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and the |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. 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 subsection, "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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| "Tissue products" includes toilet tissue, paper towels, |
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| paper napkins,
facial tissue, paper doilies, industrial |
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| wipers, paper bags and brown papers.
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| "Unbleached packaging" includes corrugated and fiber |
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| boxes.
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| "USEPA Guidelines for federal procurement" means all |