Full Text of SB2166 95th General Assembly
SB2166sam001 95TH GENERAL ASSEMBLY
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Sen. John J. Millner
Filed: 4/11/2008
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| AMENDMENT TO SENATE BILL 2166
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| AMENDMENT NO. ______. Amend Senate Bill 2166 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Environmental Protection Act is amended by | 5 |
| changing Sections 3.160 and 22.51 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 or other asphalt pavement; glass;
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| plastics that are not sealed in a manner that conceals waste; | 2 |
| electrical
wiring and components containing no hazardous | 3 |
| substances; and piping or metals
incidental to any of those | 4 |
| materials.
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| General construction or demolition debris does not include | 6 |
| uncontaminated
soil generated during construction, remodeling, | 7 |
| repair, and demolition of
utilities, structures, and roads | 8 |
| provided the uncontaminated soil is not
commingled with any | 9 |
| general construction or demolition debris or other waste.
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| To the extent allowed by federal law, uncontaminated | 11 |
| concrete with protruding rebar shall be considered clean | 12 |
| construction or demolition debris and shall not be considered | 13 |
| "waste" if it is separated or processed and returned to the | 14 |
| economic mainstream in the form of raw materials or products | 15 |
| within 4 years of its generation, if it is not speculatively | 16 |
| accumulated and, if used as a fill material, it is used in | 17 |
| accordance with item (i) in subsection (b) of this Section.
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| (b) "Clean construction or demolition debris" or "CCDD" | 19 |
| means broken concrete without protruding metal bars, bricks, | 20 |
| rock, stone, or reclaimed or other asphalt pavement, that is | 21 |
| generated from construction or demolition activities. "CCDD" | 22 |
| also includes clean soil generated from construction or | 23 |
| demolition activities, alone or in combination with the | 24 |
| materials referenced in this paragraph. | 25 |
| (1) "CCDD" is not waste if it is not mixed with any | 26 |
| waste and if it is: |
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| (A) used as fill material in a current or former | 2 |
| quarry, mine, or other excavation pursuant to Section | 3 |
| 22.51 of this Act and the rules adopted under that | 4 |
| Section; | 5 |
| (B) used as fill material outside of a setback zone | 6 |
| if the fill is placed no higher than the highest point | 7 |
| of elevation adjacent to the fill area immediately | 8 |
| prior to the filling and is covered with sufficient | 9 |
| residual soil to support vegetation within 30 days of | 10 |
| filling or is covered by a road or structure; | 11 |
| (C) separated or processed and returned to the | 12 |
| economic mainstream in the form of raw materials or | 13 |
| products and is not speculatively accumulated; for | 14 |
| purposes of this item, reclaimed or other asphalt | 15 |
| pavement shall not be considered speculatively | 16 |
| accumulated if: (i) it is not commingled with any other | 17 |
| clean construction or demolition debris or any waste, | 18 |
| and (ii) it is returned to the economic mainstream in | 19 |
| the form of raw materials or products within 4 years | 20 |
| after its generation; | 21 |
| (D) consists solely of broken concrete without | 22 |
| protruding metal bars and is used for erosion control; | 23 |
| (E) generated from the construction demolition of | 24 |
| a building, road, or other structure if it is used to | 25 |
| construct, on the site where the construction or | 26 |
| demolition has taken place, a manmade functional |
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| structure that does not exceed 20 feet above the | 2 |
| highest point of elevation of the property immediately | 3 |
| adjacent to the new manmade functional structure as | 4 |
| that elevation existed prior to the creation of that | 5 |
| new structure, provided that the structure shall be | 6 |
| covered with sufficient soil materials to sustain | 7 |
| vegetation or shall be covered by a road, and further | 8 |
| provided that no such structure shall be constructed | 9 |
| within a home rule municipality with a population over | 10 |
| 500,000 without the consent of the municipality; or | 11 |
| (F) used on the site where the clean construction | 12 |
| or demolition debris was generated. | 13 |
| (c) "Clean soil" means soil that contains concentrations of | 14 |
| regulated substances that are within the most stringent | 15 |
| residential Tier 1 remediation objective adopted by the Board | 16 |
| under Title XVII of this Act or as specified in Section 22.51 | 17 |
| (d) of this Act. Clean soil is not waste. Clean soil is CCDD | 18 |
| and subject to the requirements of subsection (b) of this | 19 |
| Section and, for CCDD fill operations, subject also to the | 20 |
| requirements of Section 22.51. "Clean fill soil" means soil | 21 |
| that (i) does not contain contaminants which exceed a list of | 22 |
| contaminants that shall be published by the Agency, which shall | 23 |
| not exceed 50% of the most stringent residential Tier 1 | 24 |
| remediation objectives adopted by the Board under Title XVII of | 25 |
| this Act; (ii) is not co-mingled with CCDD; and (iii) does not | 26 |
| contain waste. Clean fill soil is not regulated under this Act. |
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| Soil excavated from a developed commercial site in an urban | 2 |
| area, an industrial site, or a site enrolled in the site | 3 |
| remediation program shall not be considered clean soil or clean | 4 |
| fill soil unless it has been properly characterized as it | 5 |
| exists at the site of origin in accordance with a statistically | 6 |
| valid method of sampling and analysis conducted pursuant to | 7 |
| standards adopted by the United States Environmental | 8 |
| Protection Agency, the Agency, or the American Society for | 9 |
| Testing and Materials and which has been certified as to its | 10 |
| accuracy by a licensed professional engineer. | 11 |
| (b) "Clean construction or demolition debris" means
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| uncontaminated broken concrete without protruding metal bars, | 13 |
| bricks, rock,
stone, reclaimed or other asphalt pavement, or | 14 |
| soil 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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| 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), or (iii) solely
broken concrete without protruding | 6 |
| metal bars used for erosion control, or
(iv) generated from the | 7 |
| construction or demolition of a building, road, or
other | 8 |
| structure and used to construct, on the site where the | 9 |
| construction or
demolition has taken place, a manmade
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| functional structure not to exceed 20 feet above the highest | 11 |
| point of
elevation of the property immediately adjacent to the | 12 |
| new manmade functional
structure as that elevation existed | 13 |
| prior to the creation of that new
structure,
provided that the | 14 |
| structure shall be covered with sufficient soil
materials to | 15 |
| sustain vegetation or by a road or structure, and further
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| provided that no such structure shall be constructed within
a | 17 |
| home rule municipality with a population over 500,000 without | 18 |
| the consent
of the municipality.
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| For purposes of this subsection (b), reclaimed or other | 20 |
| asphalt pavement shall not be considered speculatively | 21 |
| accumulated if: (i) it is not commingled with any other clean | 22 |
| construction or demolition debris or any waste; (ii) it is | 23 |
| returned to the economic mainstream in the form of raw | 24 |
| materials or products within 4 years after its generation; | 25 |
| (iii) at least 25% of the total amount present at a site during | 26 |
| a calendar year is transported off of the site during the next |
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| calendar year; and (iv) if used as a fill material, it is used | 2 |
| in accordance with item (i) of the second paragraph of this | 3 |
| subsection (b).
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| (Source: P.A. 94-272, eff. 7-19-05; 95-121, eff. 8-13-07.)
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| (415 ILCS 5/22.51)
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| Sec. 22.51. Clean Construction or Demolition Debris Fill | 7 |
| Operations. | 8 |
| (a) No person shall conduct any clean construction or | 9 |
| demolition debris fill operation in violation of this Act or | 10 |
| any regulations or standards adopted by the Board or without a | 11 |
| permit. A clean construction demolition debris fill operation | 12 |
| is any former quarry, mine, or other excavation that accepts | 13 |
| CCDD, as defined in Section 3.160 of this Act, as fill. The | 14 |
| term "other excavation" does not include holes, trenches, or | 15 |
| similar earth removal created as part of normal construction, | 16 |
| removal, or maintenance of a structure, utility, or | 17 |
| transportation infrastructure . | 18 |
| (b)(1)(A) Beginning 30 days after the effective date of | 19 |
| this amendatory Act of the 94th General Assembly but prior to | 20 |
| July 1, 2008, no person shall use clean construction or | 21 |
| demolition debris as fill material in a current or former | 22 |
| quarry, mine, or other excavation, unless they have applied for | 23 |
| a permit or an interim authorization from the Agency for the | 24 |
| clean construction or demolition debris fill operation. | 25 |
| (B) The Agency shall approve an interim authorization upon |
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| its receipt of a written application for the interim | 2 |
| authorization that is signed by the site owner and the site | 3 |
| operator, or their duly authorized agent, and that contains the | 4 |
| following information: (i) the location of the site where the | 5 |
| clean construction or demolition debris fill operation is | 6 |
| taking place, (ii) the name and address of the site owner, | 7 |
| (iii) the name and address of the site operator, and (iv) the | 8 |
| types and amounts of clean construction or demolition debris | 9 |
| being used as fill material at the site. | 10 |
| (C) The Agency may deny an interim authorization if the | 11 |
| site owner or the site operator, or their duly authorized | 12 |
| agent, fails to provide to the Agency the information listed in | 13 |
| subsection (b)(1)(B) of
this Section. Any denial of an interim | 14 |
| authorization shall be subject to appeal to the Board in | 15 |
| accordance with the procedures of Section 40 of this Act. | 16 |
| (D) No person shall use clean construction or demolition | 17 |
| debris as fill material in a current or former quarry, mine, or | 18 |
| other excavation for which the Agency has denied interim | 19 |
| authorization under subsection (b)(1)(C) of this Section. The | 20 |
| Board may stay the prohibition of this subsection (D) during | 21 |
| the pendency of an appeal of the Agency's denial of the interim | 22 |
| authorization brought under subsection (b)(1)(C) of this | 23 |
| Section. | 24 |
| (2) Beginning September 1, 2006, owners and
operators of | 25 |
| clean construction or demolition debris fill operations shall, | 26 |
| in accordance with a schedule prescribed by the Agency, submit |
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| to the Agency applications for the
permits required under this | 2 |
| Section. The Agency shall notify owners and operators in | 3 |
| writing of the due date for their permit application. The due | 4 |
| date shall be no less than 90 days after the date of the | 5 |
| Agency's written notification. Owners and operators who do not | 6 |
| receive a written notification from the Agency by October 1, | 7 |
| 2007, shall submit a permit application to the Agency by | 8 |
| January 1, 2008. The interim authorization of owners and | 9 |
| operators who fail to submit a permit application to the Agency | 10 |
| by the permit application's due date shall terminate on (i) the | 11 |
| due
date established by the Agency if the owner or operator | 12 |
| received a written notification from the Agency prior to
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| October 1, 2007, or (ii) or January 1, 2008, if the owner or | 14 |
| operator did not receive a written notification from the Agency | 15 |
| by October 1, 2007. | 16 |
| (3) On and after July 1, 2008, no person shall use clean | 17 |
| construction or demolition debris as fill material in a current | 18 |
| or former quarry, mine, or other excavation in violation of | 19 |
| this Act or any Board regulation adopted pursuant to this Act | 20 |
| or without a permit granted by the Agency for the clean | 21 |
| construction or demolition debris fill operation or in | 22 |
| violation of any conditions imposed by such permit, including | 23 |
| periodic reports and full access to adequate records and the | 24 |
| inspection of facilities, as may be necessary to assure | 25 |
| compliance with this Act and with Board regulations and | 26 |
| standards adopted under this Act. |
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| (4) This subsection (b) does not apply to: | 2 |
| (A) the use of clean construction or demolition debris | 3 |
| as fill material in a current or former quarry, mine, or | 4 |
| other excavation located on the site where the clean | 5 |
| construction or demolition debris was generated; | 6 |
| (B) the use of clean construction or demolition debris | 7 |
| as fill material in an excavation other than a current or | 8 |
| former quarry or mine if this use complies with Illinois | 9 |
| Department of Transportation specifications; or
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| (C) current or former quarries, mines, and other | 11 |
| excavations that do not use clean construction or | 12 |
| demolition debris as fill material.
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| (c) In accordance with Title VII of this Act, the Board may | 14 |
| adopt regulations to promote the purposes of this Section , as | 15 |
| provided below or as may later be necessary . The Agency shall | 16 |
| consult with the mining and construction industries during the | 17 |
| development of any regulations to promote the purposes of this | 18 |
| Section. | 19 |
| (1) No later than December 15, 2005, the Agency shall | 20 |
| propose to the Board, and no later than September 1, 2006, | 21 |
| the Board shall adopt, regulations for the use of clean | 22 |
| construction or demolition debris as fill material in | 23 |
| current and former quarries, mines, and other excavations. | 24 |
| Such regulations shall include, but shall not be limited | 25 |
| to, standards for clean construction or demolition debris | 26 |
| fill operations and the submission and review of permits |
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| required under this Section. | 2 |
| (2) Until the Board adopts rules under subsection | 3 |
| (c)(1) of this Section, all persons using clean | 4 |
| construction or
demolition debris as fill material in a | 5 |
| current or former quarry, mine, or other excavation shall: | 6 |
| (A) Assure that only clean construction or | 7 |
| demolition debris is being used as fill material by | 8 |
| screening each truckload of material received using a | 9 |
| device approved by the Agency that detects volatile | 10 |
| organic compounds. Such devices may include, but are | 11 |
| not limited to, photo ionization detectors. All | 12 |
| screening devices shall be operated and maintained in | 13 |
| accordance with manufacturer's specifications. | 14 |
| Unacceptable fill material shall be rejected from the | 15 |
| site; and | 16 |
| (B) Retain for a minimum of 3 years the following | 17 |
| information: | 18 |
| (i) The name of the hauler, the name of the | 19 |
| generator, and place of origin of the debris or | 20 |
| soil; | 21 |
| (ii) The approximate weight or volume of the | 22 |
| debris or soil; and | 23 |
| (iii) The date the debris or soil was received. | 24 |
| (d) CCDD fill operations that are former quarries, mines, | 25 |
| or other excavations may accept soil within the Agency's Tiered | 26 |
| Approach to Corrective Action Objectives (TACO) Tier 1 |
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| residential standards adopted by the Board under Title XVII of | 2 |
| this Act and as hereinafter may be amended, as relevant to | 3 |
| specific site conditions at the CCDD fill operation and | 4 |
| excluding the use of the ingestion and inhalation exposure | 5 |
| route-specific values found at 35 Ill. Adm. Code 742, Appendix | 6 |
| B, Table A, provided the following conditions are met: | 7 |
| (1) Deed. The CCDD fill operation has recorded a land | 8 |
| use restriction that restricts the fill operation property | 9 |
| to industrial or commercial use and that such restriction | 10 |
| is recorded in the chain of title for the property on which | 11 |
| the quarry, mine, or other excavation is located. | 12 |
| (2) Soil Acceptance Plan. The CCDD fill operation has | 13 |
| implemented a soil acceptance plan, certified by a licensed | 14 |
| professional engineer, which delineates the parameters of | 15 |
| the soil the facility will be authorized to accept, | 16 |
| consistent with this subsection. | 17 |
| (3) Soil Testing Plan. The CCDD fill operation has | 18 |
| implemented a soil testing plan, certified by a licensed | 19 |
| professional engineer, which sets forth a sampling, | 20 |
| screening, and testing protocol for all incoming and filled | 21 |
| soil, sufficient to demonstrate that the conditions | 22 |
| outlined in this subsection will be achieved. | 23 |
| (4) Groundwater Protection. The CCDD fill operation | 24 |
| has implemented a groundwater protection plan, certified | 25 |
| by a licensed professional engineer, which demonstrates, | 26 |
| through the use of engineered barriers and other |
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| appropriate groundwater and surface water controls and | 2 |
| monitoring, that the fill operation will not violate this | 3 |
| Act. | 4 |
| (5) Closure and Post Closure Plan. The CCDD fill | 5 |
| operation shall develop for implementation a Closure and | 6 |
| Post-Closure Plan, certified by a licensed professional | 7 |
| engineer, which provides that, upon closure, the fill site | 8 |
| will be covered with a minimum of 3 feet of soil meeting | 9 |
| the strictest TACO Tier I residential standards. Upon | 10 |
| closure, a CCDD fill operation that sufficiently | 11 |
| demonstrates to the Agency that the site meets the | 12 |
| stringent residential Tier 1 remediation objective adopted | 13 |
| by the Board under Title XVII of the Act, shall be eligible | 14 |
| for removal of the land use condition set forth in | 15 |
| paragraph (1) above, pursuant to procedures that may be | 16 |
| adopted pursuant to this Section. | 17 |
| (6) Record Keeping. The CCDD fill operation shall | 18 |
| maintain adequate records as may be necessary to ensure | 19 |
| compliance with paragraphs (1) through (5) and this Act. | 20 |
| The Agency shall have full access to such records and to | 21 |
| the inspection of CCDD fill operations. | 22 |
| (7) Permit Procedures. The Agency is authorized to | 23 |
| develop permit conditions and procedures with sufficient | 24 |
| specificity as may be necessary to ensure compliance with | 25 |
| this subsection. Any such permit procedures and conditions | 26 |
| are subject to Sections 39 and 40 of this Act. |
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| (d) This Section applies only to clean construction or | 2 |
| demolition debris that is not considered "waste" as provided in | 3 |
| Section 3.160 of this Act. | 4 |
| (e) For purposes of a clean construction or demolition | 5 |
| debris fill operation: | 6 |
| (1) The term "operator" means a person responsible for | 7 |
| the operation and maintenance of a clean construction or | 8 |
| demolition debris fill operation. | 9 |
| (2) The term "owner" means a person who has any direct | 10 |
| or indirect interest in a clean construction or demolition | 11 |
| debris fill operation or in land on which a person operates | 12 |
| and maintains a clean construction or demolition debris | 13 |
| fill operation. A "direct or indirect interest" does not | 14 |
| include the ownership of publicly traded stock. The "owner" | 15 |
| is the "operator" if there is no other person who is | 16 |
| operating and maintaining a clean construction or | 17 |
| demolition debris fill operation.
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| (f) This Section does not apply to State agencies and units | 19 |
| of local government that reuse CCDD or clean soil, when both | 20 |
| the site of excavation and the site of fill is within their | 21 |
| jurisdictional territories so long as such use is consistent | 22 |
| with Section 3.160(c) of this Act. Such entities may, by | 23 |
| ordinance or regulation, develop procedures and protocols for | 24 |
| such reuse. | 25 |
| (Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06 .)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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