Full Text of HB0266 96th General Assembly
HB0266ham001 96TH GENERAL ASSEMBLY
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Environment & Energy Committee
Filed: 3/11/2009
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| AMENDMENT TO HOUSE BILL 266
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| AMENDMENT NO. ______. Amend House Bill 266 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 22.38 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 corrugated cardboard, piping or metals
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| incidental to any of those 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" means
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| uncontaminated broken concrete without protruding metal bars, | 20 |
| bricks, rock,
stone, reclaimed or other asphalt pavement, or | 21 |
| soil generated from construction or
demolition activities.
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| Clean construction or demolition debris does not include | 23 |
| uncontaminated soil
generated during construction, remodeling, | 24 |
| repair, and demolition of utilities,
structures, and roads | 25 |
| provided the uncontaminated soil is not commingled with
any | 26 |
| clean construction or demolition debris or other waste.
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| To the extent allowed by federal law, clean construction or | 2 |
| demolition debris
shall not be considered "waste" if it is (i) | 3 |
| used as fill material outside of a setback zone if the fill is | 4 |
| placed no higher than the
highest point of elevation existing | 5 |
| prior to the filling immediately adjacent
to the fill area, and | 6 |
| if covered by sufficient uncontaminated soil to
support | 7 |
| vegetation within 30 days of the completion of filling or if | 8 |
| covered
by a road or structure, or (ii) separated or processed | 9 |
| and returned to the
economic mainstream in the form of raw | 10 |
| materials or products, if it is not
speculatively accumulated | 11 |
| and, if used as a fill material, it is used in
accordance with | 12 |
| item (i), or (iii) solely
broken concrete without protruding | 13 |
| metal bars used for erosion control, or
(iv) generated from the | 14 |
| construction or demolition of a building, road, or
other | 15 |
| structure and used to construct, on the site where the | 16 |
| construction or
demolition has taken place, a manmade
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| functional structure not to exceed 20 feet above the highest | 18 |
| point of
elevation of the property immediately adjacent to the | 19 |
| new manmade functional
structure as that elevation existed | 20 |
| prior to the creation of that new
structure,
provided that the | 21 |
| structure shall be covered with sufficient soil
materials to | 22 |
| sustain vegetation or by a road or structure, and further
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| provided that no such structure shall be constructed within
a | 24 |
| home rule municipality with a population over 500,000 without | 25 |
| the consent
of the municipality.
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| For purposes of this subsection (b), reclaimed or other |
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| asphalt pavement shall not be considered speculatively | 2 |
| accumulated if: (i) it is not commingled with any other clean | 3 |
| construction or demolition debris or any waste; (ii) it is | 4 |
| returned to the economic mainstream in the form of raw | 5 |
| materials or products within 4 years after its generation; | 6 |
| (iii) at least 25% of the total amount present at a site during | 7 |
| a calendar year is transported off of the site during the next | 8 |
| calendar year; and (iv) if used as a fill material, it is used | 9 |
| in accordance with item (i) of the second paragraph of this | 10 |
| 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 5/22.38)
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| Sec. 22.38.
Facilities accepting exclusively general | 14 |
| construction or
demolition debris
for transfer, storage, or | 15 |
| treatment.
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| (a) Facilities accepting exclusively general construction | 17 |
| or demolition
debris for
transfer, storage, or treatment shall | 18 |
| be subject to local zoning, ordinance,
and
land use | 19 |
| requirements.
Those facilities shall be located in accordance | 20 |
| with local zoning requirements
or, in the absence of local | 21 |
| zoning requirements, shall be located so that no
part of the | 22 |
| 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 | 25 |
| 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 | 3 |
| construction or demolition
debris at the facility, sort the | 4 |
| general construction or demolition debris to
separate the
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| recyclable general construction or demolition debris and | 6 |
| recovered wood that is processed for use as fuel from | 7 |
| non-recyclable
general construction or demolition debris | 8 |
| to be disposed of or discarded;
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| (2) transport off site for disposal all non-recyclable | 10 |
| general
construction or demolition debris that is neither | 11 |
| recyclable general construction or demolition debris nor | 12 |
| recovered wood that is processed for use as fuel in
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| accordance with all applicable federal, State, and local | 14 |
| requirements within 72
hours of its receipt at the | 15 |
| facility;
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| (3) limit the percentage of incoming non-recyclable | 17 |
| general construction
or demolition debris to 25% or
less of | 18 |
| the total incoming general construction or demolition | 19 |
| debris,
as calculated on a daily basis , so that 75% or more | 20 |
| of the general construction or demolition debris accepted | 21 |
| on a daily basis consists of recyclable general | 22 |
| construction or demolition debris, recovered wood that is | 23 |
| processed for use as fuel, or both ;
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| (4) transport all non-putrescible recyclable general | 25 |
| construction or
demolition debris
for recycling or | 26 |
| disposal within 6 months of its receipt at the facility;
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| (5) within 45 days of its receipt at the facility, | 2 |
| transport | 3 |
| (i) all putrescible or combustible recyclable | 4 |
| general
construction or demolition debris (excluding | 5 |
| recovered wood that is processed for use as fuel)
for | 6 |
| recycling or disposal ; and | 7 |
| (ii) all recovered wood that is processed for use | 8 |
| as fuel to an intermediate processing facility for | 9 |
| sizing, to a combustion facility for use as fuel, or to | 10 |
| a disposal facility; within 45 days of its receipt at
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| the facility;
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| (6) employ tagging and recordkeeping procedures to (i) | 13 |
| demonstrate
compliance
with this Section and (ii) identify | 14 |
| the source and transporter of material
accepted by the | 15 |
| facility;
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| (7) control odor, noise, combustion of materials, | 17 |
| disease vectors, dust,
and litter;
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| (8) control, manage, and dispose of any storm water | 19 |
| runoff and leachate
generated at the facility in accordance | 20 |
| 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 | 23 |
| local requirements for
the handling, storage, | 24 |
| transportation, or disposal of asbestos-containing
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| material or other material accepted at the
facility that is | 26 |
| not general construction or demolition debris; and
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| (11) submit to the Agency at least 30 days prior to the | 2 |
| initial acceptance
of general construction or demolition | 3 |
| debris at the facility, on forms provided
by the Agency, | 4 |
| the following information:
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| (A) the name, address, and telephone number of both | 6 |
| the facility owner
and operator;
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| (B) the street address and location of the | 8 |
| facility;
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| (C) a description of facility operations;
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| (D) a description of the tagging and recordkeeping | 11 |
| procedures the
facility will employ to (i) demonstrate | 12 |
| compliance with this Section and (ii)
identify the | 13 |
| source and transporter of any material accepted by the | 14 |
| facility;
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| (E) the name and location of the disposal sites | 16 |
| site to be used for the
transportation and disposal of | 17 |
| any general construction or demolition debris received | 18 |
| at the facility that must be disposed of; | 19 |
| non-recyclable materials accepted at the
facility;
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| (F) the name and location of an individual, | 21 |
| facility, or business to
which recyclable materials | 22 |
| will be transported; and | 23 |
| (G) the name and location of intermediate | 24 |
| processing facilities or combustion facilities to | 25 |
| which recovered wood that is processed for use as fuel | 26 |
| will be transported; and
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| (H) (G) other information as specified on the form | 2 |
| provided by the Agency.
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| When any of the information contained or processes | 4 |
| described in the initial
notification form submitted to the | 5 |
| Agency changes, the owner and operator shall
submit an | 6 |
| updated form within 14 days of the change.
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| (c) For purposes of this Section, the term "recyclable | 8 |
| general
construction or demolition debris" means general | 9 |
| construction or demolition
debris that has been rendered | 10 |
| reusable and is reused or that would otherwise
be disposed of | 11 |
| or discarded but is collected, separated, or processed and
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| returned to the economic mainstream in the form of raw | 13 |
| materials or products.
"Recyclable general construction or | 14 |
| demolition debris" does not include general
construction or | 15 |
| demolition debris processed for use as fuel, incinerated,
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| burned, buried, or otherwise used as fill material.
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| (d) For purposes of this Section, "treatment" means | 18 |
| processing
designed to alter the physical nature of the general | 19 |
| construction or
demolition debris, including but not limited to | 20 |
| size reduction, crushing,
grinding, or
homogenization, but | 21 |
| 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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| (e) For purposes of this Section, "recovered wood that is | 24 |
| processed for use as fuel" means wood that has been salvaged | 25 |
| from general construction or demolition debris and processed | 26 |
| for use as fuel, as authorized by the applicable state or |
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| federal environmental regulatory authority, and supplied only | 2 |
| to intermediate processing facilities for sizing, or to | 3 |
| combustion facilities for use as fuel, that have obtained all | 4 |
| necessary waste management and air permits for handling and | 5 |
| combustion of the fuel. | 6 |
| (f) For purposes of this Section, "non-recyclable general | 7 |
| construction or demolition debris" does not include "recovered | 8 |
| wood that is processed for use as fuel". | 9 |
| (g) Recyclable general construction or demolition debris | 10 |
| or recovered wood that is processed for use as fuel that is | 11 |
| sent for disposal at the end of the applicable retention period | 12 |
| shall not be considered as meeting the 75% diversion | 13 |
| requirement for purposes of subdivision (b)(3) of this Section. | 14 |
| (Source: P.A. 90-475, eff. 8-17-97.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
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