SB1929 EngrossedLRB097 09577 JDS 49714 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17property zoned for primarily residential use.
18    (b) An owner or operator of a facility accepting
19exclusively general construction or demolition debris for
20transfer, storage, or treatment shall:
21        (1) Within 48 hours after of receipt of the general
22    construction or demolition debris at the facility, sort the
23    general construction or demolition debris to separate the

 

 

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1    recyclable general construction or demolition debris, and
2    recovered wood that is processed for use as fuel, and
3    general construction or demolition debris that is
4    processed for use at a landfill from the non-recyclable
5    general construction or demolition debris that is to be
6    disposed of or discarded.
7        (2) Transport off site for disposal, in accordance with
8    all applicable federal, State, and local requirements
9    within 72 hours after its receipt at the facility, all
10    non-usable or non-recyclable general construction or
11    demolition debris that is not neither recyclable general
12    construction or demolition debris, nor recovered wood that
13    is processed for use as fuel, or general construction or
14    demolition debris that is processed for use at a landfill
15    in accordance with all applicable federal, State, and local
16    requirements within 72 hours of its receipt at the
17    facility.
18        (3) Limit the percentage of incoming non-recyclable
19    general construction or demolition debris to 25% or less of
20    the total incoming general construction or demolition
21    debris, as calculated on a daily basis, so that 75% or more
22    of the general construction or demolition debris accepted,
23    as calculated monthly on a rolling 12-month average, on a
24    daily basis consists of recyclable general construction or
25    demolition debris, recovered wood that is processed for use
26    as fuel, or general construction or demolition debris that

 

 

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1    is processed for use at a landfill except that general
2    construction or demolition debris processed for use at a
3    landfill shall not exceed 35% of the general construction
4    or demolition debris accepted on a rolling 12-month average
5    basis both. The percentages in this paragraph (3) of
6    subsection (b) shall be calculated by weight, using scales
7    located at the facility that are certified under the
8    Weights and Measures Act.
9        (4) Within 6 months after its receipt at the facility,
10    transport:
11            (A) Transport all non-putrescible recyclable
12        general construction or demolition debris for
13        recycling or disposal; and
14            (B) all non-putrescible general construction or
15        demolition debris that is processed for use at a
16        landfill to a MSWLF unit for use or disposal within 6
17        months of its receipt at the facility.
18        (5) Within 45 days after of its receipt at the
19    facility, transport:
20            (A) (i) all putrescible or combustible recyclable
21        general construction or demolition debris (excluding
22        recovered wood that is processed for use as fuel) for
23        recycling or disposal; and
24            (B) (ii) all recovered wood that is processed for
25        use as fuel to an intermediate processing facility for
26        sizing, to a combustion facility for use as fuel, or to

 

 

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

 

 

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1            (B) the street address and location of the
2        facility;
3            (C) a description of facility operations;
4            (D) a description of the tagging and recordkeeping
5        procedures the facility will employ to (i) demonstrate
6        compliance with this Section and (ii) identify the
7        source and transporter of any material accepted by the
8        facility;
9            (E) the name and location of the disposal sites to
10        be used for the disposal of any general construction or
11        demolition debris received at the facility that must be
12        disposed of;
13            (F) the name and location of an individual,
14        facility, or business to which recyclable materials
15        will be transported;
16            (G) the name and location of intermediate
17        processing facilities or combustion facilities to
18        which recovered wood that is processed for use as fuel
19        will be transported; and
20            (H) other information as specified on the form
21        provided by the Agency.
22        (12) On or after August 24, 2009 (the effective date of
23    Public Act 96-611), obtain a permit issued by the Agency
24    prior to the initial acceptance of general construction or
25    demolition debris at the facility.
26        When any of the information contained or processes

 

 

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1    described in the initial notification form submitted to the
2    Agency under paragraph (11) of subsection (b) of this
3    Section changes, the owner and operator shall submit an
4    updated form within 14 days of the change.
5    (c) For purposes of this Section, the term "recyclable
6general construction or demolition debris" means general
7construction or demolition debris that has been rendered
8reusable and is reused or that would otherwise be disposed of
9or discarded but is collected, separated, or processed and
10returned to the economic mainstream in the form of raw
11materials or products. "Recyclable general construction or
12demolition debris" does not include (i) general construction or
13demolition debris processed for use as fuel, incinerated,
14burned, buried, or otherwise used as fill material or (ii)
15general construction or demolition debris that is processed for
16use at a landfill.
17    (d) For purposes of this Section, "treatment" means
18processing designed to alter the physical nature of the general
19construction or demolition debris, including but not limited to
20size reduction, crushing, grinding, or homogenization, but
21does not include processing designed to change the chemical
22nature of the general construction or demolition debris.
23    (e) For purposes of this Section, "recovered wood that is
24processed for use as fuel" means wood that has been salvaged
25from general construction or demolition debris and processed
26for use as fuel, as authorized by the applicable state or

 

 

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1federal environmental regulatory authority, and supplied only
2to intermediate processing facilities for sizing, or to
3combustion facilities for use as fuel, that have obtained all
4necessary waste management and air permits for handling and
5combustion of the fuel.
6    (f) For purposes of this Section, "non-recyclable general
7construction or demolition debris" does not include "recovered
8wood that is processed for use as fuel" or general construction
9or demolition debris that is processed for use at a landfill.
10    (g) Recyclable general construction or demolition debris,
11or recovered wood that is processed for use as fuel, and
12general construction or demolition debris that is processed for
13use at a landfill that is sent for disposal at the end of the
14applicable retention period shall not be considered as meeting
15the 75% diversion requirement for purposes of subdivision
16(b)(3) of this Section if sent for disposal at the end of the
17applicable retention period.
18    (h) For the purposes of this Section, "general construction
19or demolition debris that is processed for use at a landfill"
20means general construction or demolition debris that is
21processed for use at a MSWLF unit as alternative daily cover,
22road building material, or drainage structure building
23material in accordance with the MSWLF unit's waste disposal
24permit issued by the Agency under this Act.
25(Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09;
2696-1000, eff. 7-2-10.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.