Full Text of HB0496 95th General Assembly
HB0496 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0496
Introduced 2/1/2007, by Rep. Daniel V. Beiser SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/3.160 |
was 415 ILCS 5/3.78 and 3.78a |
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Amends the Environmental Protection Act. Provides that with regard to the definition of "waste", reclaimed asphalt pavement is not speculatively accumulated if it is returned to the economic mainstream within 4 years after the date of its generation or if a properly executed bond, that has been approved by the Director of the Environmental Protection Agency, exists between the owner of the reclaimed asphalt pavement and the Agency for the removal of the reclaimed asphalt pavement. Effective immediately.
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A BILL FOR
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HB0496 |
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LRB095 04713 CMK 24772 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 | 5 |
| changing Section 3.160 as follows:
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| (415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
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| Sec. 3.160. Construction or demolition debris.
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| (a) General construction or demolition debris" means | 9 |
| non-hazardous,
uncontaminated materials resulting from the | 10 |
| construction, remodeling, repair,
and demolition of utilities, | 11 |
| structures, and roads, limited to the following:
bricks, | 12 |
| concrete, and other masonry materials; soil; rock; wood, | 13 |
| including
non-hazardous painted, treated, and coated wood and | 14 |
| wood products; wall
coverings; plaster; drywall; plumbing | 15 |
| fixtures; non-asbestos insulation;
roofing shingles and other | 16 |
| roof coverings; reclaimed asphalt pavement; glass;
plastics | 17 |
| that are not sealed in a manner that conceals waste; electrical
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| wiring and components containing no hazardous substances; and | 19 |
| piping or metals
incidental to any of those materials.
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| General construction or demolition debris does not include | 21 |
| uncontaminated
soil generated during construction, remodeling, | 22 |
| repair, and demolition of
utilities, structures, and roads | 23 |
| provided the uncontaminated soil is not
commingled with any |
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HB0496 |
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LRB095 04713 CMK 24772 b |
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| general construction or demolition debris or other waste.
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| To the extent allowed by federal law, uncontaminated | 3 |
| concrete with protruding rebar shall be considered clean | 4 |
| construction or demolition debris and shall not be considered | 5 |
| "waste" if it is separated or processed and returned to the | 6 |
| economic mainstream in the form of raw materials or products | 7 |
| within 4 years of its generation, if it is not speculatively | 8 |
| accumulated and, if used as a fill material, it is used in | 9 |
| accordance with item (i) in subsection (b) of this Section | 10 |
| within 30 days of its generation.
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| (b) "Clean construction or demolition debris" means
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| uncontaminated broken concrete without protruding metal bars, | 13 |
| bricks, rock,
stone, reclaimed asphalt pavement, or soil | 14 |
| generated from construction or
demolition activities.
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| Clean construction or demolition debris does not include | 16 |
| uncontaminated soil
generated during construction, remodeling, | 17 |
| repair, and demolition of utilities,
structures, and roads | 18 |
| provided the uncontaminated soil is not commingled with
any | 19 |
| clean construction or demolition debris or other waste.
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| To the extent allowed by federal law, clean construction or | 21 |
| demolition debris
shall not be considered "waste" if it is (i) | 22 |
| used as fill material outside of a setback zone if the fill is | 23 |
| placed no higher than the
highest point of elevation existing | 24 |
| prior to the filling immediately adjacent
to the fill area, and | 25 |
| if covered by sufficient uncontaminated soil to
support | 26 |
| vegetation within 30 days of the completion of filling or if |
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HB0496 |
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LRB095 04713 CMK 24772 b |
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| covered
by a road or structure, or (ii) separated or processed | 2 |
| and returned to the
economic mainstream in the form of raw | 3 |
| materials or products, if it is not
speculatively accumulated | 4 |
| and, if used as a fill material, it is used in
accordance with | 5 |
| item (i) within 30 days of its generation, or (iii) solely
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| broken concrete without protruding metal bars used for erosion | 7 |
| control, or
(iv) generated from the construction or demolition | 8 |
| of a building, road, or
other structure and used to construct, | 9 |
| on the site where the construction or
demolition has taken | 10 |
| place, a manmade
functional structure not to exceed 20 feet | 11 |
| above the highest point of
elevation of the property | 12 |
| immediately adjacent to the new manmade functional
structure as | 13 |
| that elevation existed prior to the creation of that new
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| structure,
provided that the structure shall be covered with | 15 |
| sufficient soil
materials to sustain vegetation or by a road or | 16 |
| structure, and further
provided that no such structure shall be | 17 |
| constructed within
a home rule municipality with a population | 18 |
| over 500,000 without the consent
of the municipality. For | 19 |
| purposes of this subsection (b) of this Section, reclaimed | 20 |
| asphalt pavement shall be deemed not speculatively accumulated | 21 |
| if it is returned to the economic mainstream within 4 years | 22 |
| after the date of its generation or if a properly executed | 23 |
| bond, that has been approved by the Director of the Agency, | 24 |
| exists between the owner of the reclaimed asphalt pavement and | 25 |
| the Agency for the removal of the reclaimed asphalt pavement.
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| (Source: P.A. 93-179, eff. 7-11-03; 94-272, eff. 7-19-05.)
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HB0496 |
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LRB095 04713 CMK 24772 b |
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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