Full Text of SB0852 96th General Assembly
SB0852sam001 96TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 11/16/2010
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| 1 | | AMENDMENT TO SENATE BILL 852
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 852 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 22.38 as follows:
| 6 | | (415 ILCS 5/22.38)
| 7 | | Sec. 22.38. Facilities accepting exclusively general | 8 | | construction or
demolition debris
for transfer, storage, or | 9 | | treatment.
| 10 | | (a) Facilities accepting exclusively general construction | 11 | | or demolition
debris for
transfer, storage, or treatment shall | 12 | | be subject to local zoning, ordinance,
and
land use | 13 | | requirements.
Those facilities shall be located in accordance | 14 | | with local zoning requirements
or, in the absence of local | 15 | | zoning requirements, shall be located so that no
part of the | 16 | | facility boundary is closer than 1,320 feet from the nearest
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| 1 | | property zoned for primarily residential use.
| 2 | | (b) An owner or operator of a facility accepting | 3 | | exclusively general
construction or demolition debris for | 4 | | transfer, storage, or treatment shall:
| 5 | | (1) Within 48 hours after of receipt of the general | 6 | | construction or demolition
debris at the facility, sort the | 7 | | general construction or demolition debris to
separate the
| 8 | | recyclable general construction or demolition debris , and | 9 | | recovered wood that is processed for use as fuel , and | 10 | | general construction or demolition debris that is | 11 | | processed for use at a landfill from the non-recyclable
| 12 | | general construction or demolition debris that is to be | 13 | | disposed of or discarded.
| 14 | | (2) Transport off site for disposal , in accordance with | 15 | | all applicable federal, State, and local requirements | 16 | | within 72 hours after its receipt at the facility, all | 17 | | non-recyclable general
construction or demolition debris | 18 | | that is not neither recyclable general construction or | 19 | | demolition debris , nor recovered wood that is processed for | 20 | | use as fuel , or general construction or demolition debris | 21 | | that is processed for use at a landfill in
accordance with | 22 | | all applicable federal, State, and local requirements | 23 | | within 72
hours of its receipt at the facility .
| 24 | | (3) Limit the percentage of incoming non-recyclable | 25 | | general construction
or demolition debris to 25% or
less of | 26 | | the total incoming general construction or demolition |
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| 1 | | debris,
as calculated on a quarterly daily basis, so that | 2 | | 75% or more of the general construction or demolition | 3 | | debris accepted on a quarterly daily basis consists of | 4 | | recyclable general construction or demolition debris, | 5 | | recovered wood that is processed for use as fuel, or | 6 | | general construction or demolition debris that is | 7 | | processed for use at a landfill both .
| 8 | | (4) Within 6 months after its receipt at the facility, | 9 | | transport: | 10 | | (A) Transport all non-putrescible recyclable | 11 | | general construction or
demolition debris
for | 12 | | recycling or disposal ; and | 13 | | (B) all non-putrescible general construction or | 14 | | demolition debris that is processed for use at a | 15 | | landfill to a MSWLF unit for use or disposal within 6 | 16 | | months of its receipt at the facility .
| 17 | | (5) Within 45 days after of its receipt at the | 18 | | facility, transport : | 19 | | (A) (i) all putrescible or combustible recyclable | 20 | | general
construction or demolition debris
(excluding | 21 | | recovered wood that is processed for use as fuel) for | 22 | | recycling or disposal ; and | 23 | | (B) (ii) all recovered wood that is processed for | 24 | | use as fuel to an intermediate processing facility for | 25 | | sizing, to a combustion facility for use as fuel, or to | 26 | | a disposal facility ; and |
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| 1 | | (C) all putrescible general construction or | 2 | | demolition debris that is processed for use at a | 3 | | landfill to a MSWLF unit for use or disposal .
| 4 | | (6) Employ tagging and recordkeeping procedures to (i) | 5 | | demonstrate
compliance
with this Section and (ii) identify | 6 | | the source and transporter of material
accepted by the | 7 | | facility.
| 8 | | (7) Control odor, noise, combustion of materials, | 9 | | disease vectors, dust,
and litter.
| 10 | | (8) Control, manage, and dispose of any storm water | 11 | | runoff and leachate
generated at the facility in accordance | 12 | | with applicable federal, State, and
local requirements.
| 13 | | (9) Control access to the facility.
| 14 | | (10) Comply with all applicable federal, State, or | 15 | | local requirements for
the handling, storage, | 16 | | transportation, or disposal of asbestos-containing
| 17 | | material or other material accepted at the
facility that is | 18 | | not general construction or demolition debris.
| 19 | | (11) Prior to August 24, 2009 (the effective date of | 20 | | Public Act 96-611), submit to the Agency at least 30 days | 21 | | prior to the initial acceptance
of general construction or | 22 | | demolition debris at the facility, on forms provided
by the | 23 | | Agency, the following information:
| 24 | | (A) the name, address, and telephone number of both | 25 | | the facility owner
and operator;
| 26 | | (B) the street address and location of the |
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| 1 | | facility;
| 2 | | (C) a description of facility operations;
| 3 | | (D) a description of the tagging and recordkeeping | 4 | | procedures the
facility will employ to (i) demonstrate | 5 | | compliance with this Section and (ii)
identify the | 6 | | source and transporter of any material accepted by the | 7 | | facility;
| 8 | | (E) the name and location of the disposal sites to | 9 | | be used for the
disposal of any general construction or | 10 | | demolition debris received at the facility that must be | 11 | | disposed of;
| 12 | | (F) the name and location of an individual, | 13 | | facility, or business to
which recyclable materials | 14 | | will be transported;
| 15 | | (G) the name and location of intermediate | 16 | | processing facilities or combustion facilities to | 17 | | which recovered wood that is processed for use as fuel | 18 | | will be transported; and
| 19 | | (H) other information as specified on the form | 20 | | provided by the Agency.
| 21 | | (12) On or after August 24, 2009 (the effective date of | 22 | | Public Act 96-611), obtain a permit issued by the Agency | 23 | | prior to the initial acceptance of general construction or | 24 | | demolition debris at the facility.
| 25 | | When any of the information contained or processes | 26 | | described in the initial
notification form submitted to the |
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| 1 | | Agency under paragraph (11) of subsection (b) of this | 2 | | Section changes, the owner and operator shall
submit an | 3 | | updated form within 14 days of the change.
| 4 | | (c) For purposes of this Section, the term "recyclable | 5 | | general
construction or demolition debris" means general | 6 | | construction or demolition
debris that has been rendered | 7 | | reusable and is reused or that would otherwise
be disposed of | 8 | | or discarded but is collected, separated, or processed and
| 9 | | returned to the economic mainstream in the form of raw | 10 | | materials or products.
"Recyclable general construction or | 11 | | demolition debris" does not include general
construction or | 12 | | demolition debris processed for use as fuel, incinerated,
| 13 | | burned, buried, or otherwise used as fill material.
| 14 | | (d) For purposes of this Section, "treatment" means | 15 | | processing
designed to alter the physical nature of the general | 16 | | construction or
demolition debris, including but not limited to | 17 | | size reduction, crushing,
grinding, or
homogenization, but | 18 | | does not include processing designed to change the chemical
| 19 | | nature of the general construction or demolition debris.
| 20 | | (e) For purposes of this Section, "recovered wood that is | 21 | | processed for use as fuel" means wood that has been salvaged | 22 | | from general construction or demolition debris and processed | 23 | | for use as fuel, as authorized by the applicable state or | 24 | | federal environmental regulatory authority, and supplied only | 25 | | to intermediate processing facilities for sizing, or to | 26 | | combustion facilities for use as fuel, that have obtained all |
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| 1 | | necessary waste management and air permits for handling and | 2 | | combustion of the fuel. | 3 | | (f) For purposes of this Section, "non-recyclable general | 4 | | construction or demolition debris" does not include " recovered | 5 | | wood that is processed for use as fuel " or general construction | 6 | | or demolition debris that is processed for use at a landfill . | 7 | | (g) Recyclable general construction or demolition debris , | 8 | | or recovered wood that is processed for use as fuel , and | 9 | | general construction and demolition debris that is processed | 10 | | for use at a landfill that is sent for disposal at the end of | 11 | | the applicable retention period shall not be considered as | 12 | | meeting the 75% diversion requirement for purposes of | 13 | | subdivision (b)(3) of this Section if sent for disposal at the | 14 | | end of the applicable retention period . | 15 | | (h) For the purposes of this Section, "general construction | 16 | | or demolition debris that is processed for use at a landfill" | 17 | | means general construction or demolition debris that is | 18 | | processed for use at a MSWLF unit as alternative daily cover, | 19 | | road building material, or drainage structure building | 20 | | material in accordance with the MSWLF unit's waste disposal | 21 | | permit issued by the Agency under this Act. | 22 | | (Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09; | 23 | | 96-1000, eff. 7-2-10.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.".
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