97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3728

 

Introduced 2/10/2012, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/22.51

    Amends the Environmental Protection Act. Makes the prohibition on the use of clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation without the authorization of the Environmental Protection Agency inapplicable to a site that is located in a county with a population of not less than 600,000 nor more than 700,000 on April 1, 2010, was permitted by the Agency as a clean construction or demolition debris fill operation before July 1, 2008, and is the subject of a consent decree. Specifies that the use of clean construction or demolition debris as fill material at such a site may continue under a permit issued before July 1, 2008 and in accordance with the law as it existed on July 1, 2008. Requires permit renewals for such sites to be made in accordance with the law as it existed on July 1, 2008. Effective immediately.


LRB097 14057 JDS 58699 b

 

 

A BILL FOR

 

SB3728LRB097 14057 JDS 58699 b

1    AN ACT concerning the environment.
 
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 22.51 as follows:
 
6    (415 ILCS 5/22.51)
7    Sec. 22.51. Clean Construction or Demolition Debris Fill
8Operations.
9    (a) No person shall conduct any clean construction or
10demolition debris fill operation in violation of this Act or
11any regulations or standards adopted by the Board.
12    (b)(1)(A) Beginning August 18, 2005 but prior to July 1,
132008, no person shall use clean construction or demolition
14debris as fill material in a current or former quarry, mine, or
15other excavation, unless they have applied for an interim
16authorization from the Agency for the clean construction or
17demolition debris fill operation.
18    (B) The Agency shall approve an interim authorization upon
19its receipt of a written application for the interim
20authorization that is signed by the site owner and the site
21operator, or their duly authorized agent, and that contains the
22following information: (i) the location of the site where the
23clean construction or demolition debris fill operation is

 

 

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1taking place, (ii) the name and address of the site owner,
2(iii) the name and address of the site operator, and (iv) the
3types and amounts of clean construction or demolition debris
4being used as fill material at the site.
5    (C) The Agency may deny an interim authorization if the
6site owner or the site operator, or their duly authorized
7agent, fails to provide to the Agency the information listed in
8subsection (b)(1)(B) of this Section. Any denial of an interim
9authorization shall be subject to appeal to the Board in
10accordance with the procedures of Section 40 of this Act.
11    (D) No person shall use clean construction or demolition
12debris as fill material in a current or former quarry, mine, or
13other excavation for which the Agency has denied interim
14authorization under subsection (b)(1)(C) of this Section. The
15Board may stay the prohibition of this subsection (D) during
16the pendency of an appeal of the Agency's denial of the interim
17authorization brought under subsection (b)(1)(C) of this
18Section.
19    (2) Beginning September 1, 2006, owners and operators of
20clean construction or demolition debris fill operations shall,
21in accordance with a schedule prescribed by the Agency, submit
22to the Agency applications for the permits required under this
23Section. The Agency shall notify owners and operators in
24writing of the due date for their permit application. The due
25date shall be no less than 90 days after the date of the
26Agency's written notification. Owners and operators who do not

 

 

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1receive a written notification from the Agency by October 1,
22007, shall submit a permit application to the Agency by
3January 1, 2008. The interim authorization of owners and
4operators who fail to submit a permit application to the Agency
5by the permit application's due date shall terminate on (i) the
6due date established by the Agency if the owner or operator
7received a written notification from the Agency prior to
8October 1, 2007, or (ii) or January 1, 2008, if the owner or
9operator did not receive a written notification from the Agency
10by October 1, 2007.
11    (3) On and after July 1, 2008, no person shall use clean
12construction or demolition debris as fill material in a current
13or former quarry, mine, or other excavation (i) without a
14permit granted by the Agency for the clean construction or
15demolition debris fill operation or in violation of any
16conditions imposed by such permit, including periodic reports
17and full access to adequate records and the inspection of
18facilities, as may be necessary to assure compliance with this
19Act and with Board regulations and standards adopted under this
20Act or (ii) in violation of any regulations or standards
21adopted by the Board under this Act.
22    (4) This subsection (b) does not apply to:
23        (A) the use of clean construction or demolition debris
24    as fill material in a current or former quarry, mine, or
25    other excavation located on the site where the clean
26    construction or demolition debris was generated;

 

 

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1        (B) the use of clean construction or demolition debris
2    as fill material in an excavation other than a current or
3    former quarry or mine if this use complies with Illinois
4    Department of Transportation specifications; or
5        (C) current or former quarries, mines, and other
6    excavations that do not use clean construction or
7    demolition debris as fill material; or .
8        (D) the use of clean construction or demolition debris
9    as fill material in a current or former quarry, mine, or
10    other excavation that is located in a county with a
11    population of not less than 600,000 nor more than 700,000
12    on April 1, 2010, was permitted by the Agency as a clean
13    construction or demolition debris fill operation before
14    July 1, 2008, and is the subject of a consent decree in
15    place before August 18, 2005 incorporating a reclamation
16    plan. Until reclamation activities are complete, the uses
17    authorized by this subdivision (b)(4)(D) may continue
18    under the permit issued before July 1, 2008 and in
19    compliance with the laws and regulations in place on July
20    1, 2008. Any required permit renewals for these uses at
21    these locations must be completed in accordance with the
22    laws and regulations in place on July 1, 2008.
23    (c) In accordance with Title VII of this Act, the Board may
24adopt regulations to promote the purposes of this Section. The
25Agency shall consult with the mining and construction
26industries during the development of any regulations to promote

 

 

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1the purposes of this Section.
2        (1) No later than December 15, 2005, the Agency shall
3    propose to the Board, and no later than September 1, 2006,
4    the Board shall adopt, regulations for the use of clean
5    construction or demolition debris as fill material in
6    current and former quarries, mines, and other excavations.
7    Such regulations shall include, but shall not be limited
8    to, standards for clean construction or demolition debris
9    fill operations and the submission and review of permits
10    required under this Section.
11        (2) Until the Board adopts rules under subsection
12    (c)(1) of this Section, all persons using clean
13    construction or demolition debris as fill material in a
14    current or former quarry, mine, or other excavation shall:
15            (A) Assure that only clean construction or
16        demolition debris is being used as fill material by
17        screening each truckload of material received using a
18        device approved by the Agency that detects volatile
19        organic compounds. Such devices may include, but are
20        not limited to, photo ionization detectors. All
21        screening devices shall be operated and maintained in
22        accordance with manufacturer's specifications.
23        Unacceptable fill material shall be rejected from the
24        site; and
25            (B) Retain for a minimum of 3 years the following
26        information:

 

 

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1                (i) The name of the hauler, the name of the
2            generator, and place of origin of the debris or
3            soil;
4                (ii) The approximate weight or volume of the
5            debris or soil; and
6                (iii) The date the debris or soil was received.
7    (d) This Section applies only to clean construction or
8demolition debris that is not considered "waste" as provided in
9Section 3.160 of this Act.
10    (e) For purposes of this Section:
11        (1) The term "operator" means a person responsible for
12    the operation and maintenance of a clean construction or
13    demolition debris fill operation.
14        (2) The term "owner" means a person who has any direct
15    or indirect interest in a clean construction or demolition
16    debris fill operation or in land on which a person operates
17    and maintains a clean construction or demolition debris
18    fill operation. A "direct or indirect interest" does not
19    include the ownership of publicly traded stock. The "owner"
20    is the "operator" if there is no other person who is
21    operating and maintaining a clean construction or
22    demolition debris fill operation.
23        (3) The term "clean construction or demolition debris
24    fill operation" means a current or former quarry, mine, or
25    other excavation where clean construction or demolition
26    debris is used as fill material.

 

 

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1        (4) The term "uncontaminated soil" shall have the same
2    meaning as uncontaminated soil under Section 3.160 of this
3    Act.
4    (f)(1) No later than one year after the effective date of
5this amendatory Act of the 96th General Assembly, the Agency
6shall propose to the Board, and, no later than one year after
7the Board's receipt of the Agency's proposal, the Board shall
8adopt, rules for the use of clean construction or demolition
9debris and uncontaminated soil as fill material at clean
10construction or demolition debris fill operations. The rules
11must include standards and procedures necessary to protect
12groundwater, which may include, but shall not be limited to,
13the following: requirements regarding testing and
14certification of soil used as fill material, surface water
15runoff, liners or other protective barriers, monitoring
16(including, but not limited to, groundwater monitoring),
17corrective action, recordkeeping, reporting, closure and
18post-closure care, financial assurance, post-closure land use
19controls, location standards, and the modification of existing
20permits to conform to the requirements of this Act and Board
21rules. The rules may also include limits on the use of
22recyclable concrete and asphalt as fill material at clean
23construction or demolition debris fill operations, taking into
24account factors such as technical feasibility, economic
25reasonableness, and the availability of markets for such
26materials.

 

 

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1    (2) Until the effective date of the Board rules adopted
2under subdivision (f)(1) of this Section, and in addition to
3any other requirements, owners and operators of clean
4construction or demolition debris fill operations must do all
5of the following in subdivisions (f)(2)(A) through (f)(2)(D) of
6this Section for all clean construction or demolition debris
7and uncontaminated soil accepted for use as fill material. The
8requirements in subdivisions (f)(2)(A) through (f)(2)(D) of
9this Section shall not limit any rules adopted by the Board.
10        (A) Document the following information for each load of
11    clean construction or demolition debris or uncontaminated
12    soil received: (i) the name of the hauler, the address of
13    the site of origin, and the owner and the operator of the
14    site of origin of the clean construction or demolition
15    debris or uncontaminated soil, (ii) the weight or volume of
16    the clean construction or demolition debris or
17    uncontaminated soil, and (iii) the date the clean
18    construction or demolition debris or uncontaminated soil
19    was received.
20        (B) For all soil, obtain either (i) a certification
21    from the owner or operator of the site from which the soil
22    was removed that the site has never been used for
23    commercial or industrial purposes and is presumed to be
24    uncontaminated soil or (ii) a certification from a licensed
25    Professional Engineer or licensed Professional Geologist
26    that the soil is uncontaminated soil. Certifications

 

 

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1    required under this subdivision (f)(2)(B) must be on forms
2    and in a format prescribed by the Agency.
3        (C) Confirm that the clean construction or demolition
4    debris or uncontaminated soil was not removed from a site
5    as part of a cleanup or removal of contaminants, including,
6    but not limited to, activities conducted under the
7    Comprehensive Environmental Response, Compensation, and
8    Liability Act of 1980, as amended; as part of a Closure or
9    Corrective Action under the Resource Conservation and
10    Recovery Act, as amended; or under an Agency remediation
11    program, such as the Leaking Underground Storage Tank
12    Program or Site Remediation Program, but excluding sites
13    subject to Section 58.16 of this Act where there is no
14    presence or likely presence of a release or a substantial
15    threat of a release of a regulated substance at, on, or
16    from the real property.
17        (D) Document all activities required under subdivision
18    (f)(2) of this Section. Documentation of any chemical
19    analysis must include, but is not limited to, (i) a copy of
20    the lab analysis, (ii) accreditation status of the
21    laboratory performing the analysis, and (iii)
22    certification by an authorized agent of the laboratory that
23    the analysis has been performed in accordance with the
24    Agency's rules for the accreditation of environmental
25    laboratories and the scope of accreditation.
26    (3) Owners and operators of clean construction or

 

 

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1demolition debris fill operations must maintain all
2documentation required under subdivision (f)(2) of this
3Section for a minimum of 3 years following the receipt of each
4load of clean construction or demolition debris or
5uncontaminated soil, except that documentation relating to an
6appeal, litigation, or other disputed claim must be maintained
7until at least 3 years after the date of the final disposition
8of the appeal, litigation, or other disputed claim. Copies of
9the documentation must be made available to the Agency and to
10units of local government for inspection and copying during
11normal business hours. The Agency may prescribe forms and
12formats for the documentation required under subdivision
13(f)(2) of this Section.
14    Chemical analysis conducted under subdivision (f)(2) of
15this Section must be conducted in accordance with the
16requirements of 35 Ill. Adm. Code 742, as amended, and "Test
17Methods for Evaluating Solid Waste, Physical/Chemical
18Methods", USEPA Publication No. SW-846, as amended.
19    (g)(1) No person shall use soil other than uncontaminated
20soil as fill material at a clean construction or demolition
21debris fill operation.
22    (2) No person shall use construction or demolition debris
23other than clean construction or demolition debris as fill
24material at a clean construction or demolition debris fill
25operation.
26(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
 

 

 

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