Full Text of SB1607 96th General Assembly
SB1607sam001 96TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 3/10/2009
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| AMENDMENT TO SENATE BILL 1607
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| AMENDMENT NO. ______. Amend Senate Bill 1607 as follows:
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| on page 2, by replacing lines 16 through 22 with the following: | 4 |
| "pavement , or soil generated from construction or demolition | 5 |
| activities ; provided that concrete without protruding metal | 6 |
| bars, bricks, rock, stone, or reclaimed or other asphalt | 7 |
| pavement that is generated from the construction or demolition | 8 |
| of a road may be considered "clean construction or demolition | 9 |
| debris" if it is (i) uncontaminated except for pavement | 10 |
| markings that conform to Illinois Department of Transportation | 11 |
| specifications and (ii) used as fill material in a current or | 12 |
| former quarry, mine, or other excavation in accordance with the | 13 |
| requirements of Section 22.51 of this Act and rules adopted | 14 |
| thereunder ."; and | 15 |
| on page 3, line 5, by replacing " other " with "other"; and |
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| on page 3, line 13, by replacing "if" with " is if "; and | 2 |
| on page 4, line 4, by replacing "soil materials" with " general | 3 |
| fill soil materials "; and | 4 |
| on page 4, by inserting the following immediately below line | 5 |
| 19: | 6 |
| " (c) "Painted construction or demolition debris" means | 7 |
| broken concrete without protruding metal bars, bricks, rock, | 8 |
| stone, or reclaimed asphalt pavement generated from the | 9 |
| construction or demolition activities that contains paint but | 10 |
| is otherwise uncontaminated. However, concrete without | 11 |
| protruding metal bars, bricks, rock, stone, or reclaimed or | 12 |
| other asphalt pavement that is generated from the construction | 13 |
| or demolition of a road may be considered "clean construction | 14 |
| or demolition debris" instead of "painted construction or | 15 |
| demolition debris" if it is (i) uncontaminated except for | 16 |
| pavement markings that conform to Illinois Department of | 17 |
| Transportation specifications and (ii) used as fill material in | 18 |
| a current or former quarry, mine, or other excavation in | 19 |
| accordance with the requirements of Section 22.51 of this Act | 20 |
| and rules adopted thereunder. "; and | 21 |
| on page 4, line 23, by replacing " 21, and 22.51 of this Act " | 22 |
| with " 21, 22.51, and 22.51a of this Act "; and
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| on page 4, lines 23 and 24, by deleting " , to the extent | 2 |
| allowed by federal law, "; and | 3 |
| on page 5, line 5, by replacing " exposure route " with " exposure | 4 |
| route value "; and
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| on page 5, lines 6 and 7, by deleting " , broken concrete, | 6 |
| bricks, or asphalt "; and | 7 |
| on page 5, line 19, by replacing " The Inhalation " with " The | 8 |
| Outdoor Inhalation "; and | 9 |
| on page 6, by replacing lines 5 and 6 with the following: | 10 |
| " (6) Indoor Inhalation Exposure Route Specific value | 11 |
| for soil, listed in Table G of 35 Ill. Adm. Code 742, | 12 |
| Appendix B. "; and
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| on page 6, line 13, by replacing " total " with" totals "; and
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| on page 6, line 20, by replacing " total " with " totals "; and
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| on page 6, line 25, by replacing " The Inhalation " to " The | 16 |
| Outdoor Inhalation "; and
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| on page 7, lines 12 and 13, by replacing " Indoor Inhalation | 18 |
| exposure route values established by the Board in 35 Ill. Adm. |
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| Code 742 " with " The Indoor Inhalation Exposure Route value for | 2 |
| soil listed in Table G of 35 Ill. Adm. Code 742, Appendix B. "; | 3 |
| and
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| on page 7, line 18, by deleting " its "; and
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| on page 22, lines 14 and 15, by replacing "or general fill | 6 |
| uncontaminated soil" with "or painted construction or | 7 |
| demolition debris or general fill uncontaminated soil"; and
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| on page 23, lines 1 and 2, by replacing "or general fill or | 9 |
| restricted fill uncontaminated soil" with "or painted | 10 |
| construction or demolition debris or general fill soil | 11 |
| uncontaminated soil"; and
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| on page 24, by deleting lines 7 through 12; and
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| on page 24, line 18, by replacing " January 1, 2010 July 1, | 14 |
| 2008 " with "July 1, 2008"; and
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| on page 26, line 15, by replacing " January 1, 2010 July 1, | 16 |
| 2008 " with "July 1, 2008"; and
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| on page 26, inserting the following immediately below line 25:
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| " No person shall use restricted fill soil or painted | 19 |
| construction or demolition debris as fill material in a current |
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| or former quarry, mine, or other excavation (i) without a | 2 |
| permit granted by the Agency or in violation of any conditions | 3 |
| imposed by such permit, including periodic reports and full | 4 |
| access to adequate records and the inspection of facilities, as | 5 |
| may be necessary to assure compliance with this Act and with | 6 |
| Board regulations and standards adopted under this Act; or (ii) | 7 |
| in violation of any rules or standards adopted by the Board | 8 |
| under this Act.
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| Beginning July 1, 2010, owners and operators of clean | 10 |
| construction or demolition debris fill operations with a permit | 11 |
| issued prior to the effective date of this amendatory Act of | 12 |
| the 96th General Assembly must, in accordance with a schedule | 13 |
| prescribed by the Agency, seek modifications to the permit to | 14 |
| make it consistent with the requirements of this Section. The | 15 |
| Agency shall notify owners and operators in writing of the due | 16 |
| date for their application for permit modification. The due | 17 |
| date shall be no less than 90 days after the date of the | 18 |
| Agency's written notification. Owners and operators who do not | 19 |
| receive a written notification from the Agency by April 1, | 20 |
| 2011, shall submit their application for modification by July | 21 |
| 1, 2011. Owners and operators seeking a modification that | 22 |
| includes the use of restricted fill soil or painted | 23 |
| construction or demolition debris as fill material may submit | 24 |
| their application for modification prior to the dates set forth | 25 |
| in this paragraph or the schedule prescribed by the Agency. | 26 |
| Until a permit modification is issued, persons required to |
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| obtain a permit modification must operate their clean | 2 |
| construction or demolition debris fill operation in accordance | 3 |
| with the requirements of their permit as modified by the | 4 |
| requirements of this Act and Board rules adopted hereunder; | 5 |
| provided that no person shall use restricted fill soil or | 6 |
| painted construction or demolition debris as fill material at | 7 |
| the clean construction or demolition debris fill operation | 8 |
| unless a permit modification allowing such has been issued. | 9 |
| Beginning July 1, 2012, no person required to obtain a permit | 10 |
| modification under subdivision (b)(3) of this Section shall use | 11 |
| clean construction or demolition debris as fill material in the | 12 |
| current or former quarry, mine, or other excavation for which | 13 |
| the permit modification is required without a permit | 14 |
| modification granted by the Agency that is consistent with | 15 |
| requirements of this Section. "; and | 16 |
| on page 27, line 1, by replacing " CCDD clean " with " CCDD, | 17 |
| restricted fill soil, or painted construction or demolition | 18 |
| debris clean "; and
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| on page 27, line 10, by replacing "CCDD clean " with " CCDD, | 20 |
| restricted fill soil, or painted construction or demolition | 21 |
| debris clean "; and
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| on page 28, line 25, by replacing " clean " with " painted "; and
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| on page 29, line 3, by deleting " clean "; and
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| by replacing page 29, line 23, through page 30, line 8, with | 3 |
| the following:
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| " includes, but is not limited to, the following:
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| (i) covering all restricted fill soil and painted | 6 |
| construction or demolition debris with a minimum of 10 feet | 7 |
| of general fill soil, or an engineered barrier approved by | 8 |
| the Agency in a permit granted under this Section, within | 9 |
| 180 days after completion of filling or as approved by the | 10 |
| Agency ; and
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| (ii) for all buildings at the site on or after | 12 |
| completion of filling, the installation and maintenance of | 13 |
| building control technologies as approved by the Agency in | 14 |
| accordance with Title XVII of this Act and rules adopted | 15 |
| thereunder to prevent indoor inhalation exposures. "; and
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| on page 30, line 9, by deleting " clean "; and
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| on page 30, by replacing lines 11 through 14 with the | 18 |
| following:
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| " demonstrates that the paint does not exceed the Class I Soil | 20 |
| Component of the Groundwater Ingestion Exposure Route Values | 21 |
| listed in Table A of 35 Ill. Adm. Code 742, Appendix B, as | 22 |
| amended. Chemical analysis is not "; and
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| by replacing page 30, line 17, through page 33, line 17, with | 2 |
| the following:
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| " (4) The owner or operator of the CCDD fill operation | 4 |
| must develop and implement a Receipt Control and Screening | 5 |
| Plan that includes, but is not limited to, the following: | 6 |
| (A) For all soil, either (i) a certification from | 7 |
| the owner or operator of the site from which the soil | 8 |
| was removed that the site has never been used for | 9 |
| commercial or industrial purposes and is presumed to be | 10 |
| general fill soil, or (ii) a certification from a | 11 |
| Licensed Professional Engineer that the soil is | 12 |
| restricted fill soil or general fill. Certifications | 13 |
| required under subdivision (d)(4)(A) of this Section | 14 |
| must be on forms prescribed by the Agency. | 15 |
| (B) Chemical analysis of paint on painted | 16 |
| construction or demolition debris to confirm that the | 17 |
| paint does not exceed the Class I Soil Component of the | 18 |
| groundwater Ingestion Exposure Route Values listed in | 19 |
| Table A of 35 Ill. Adm. Code 742, Appendix B, as | 20 |
| amended. Chemical analysis is not required for | 21 |
| pavement marking that conform to Illinois Department | 22 |
| of Transportation specifications. | 23 |
| (C) A visual inspection to confirm that only | 24 |
| restricted fill soil, painted construction or | 25 |
| demolition debris, clean construction or demolition | 26 |
| debris, or general fill soil is being accepted for use |
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| as fill. | 2 |
| (D) Screening of the soil with a photo ionization | 3 |
| detector or a flame ionization detector, in accordance | 4 |
| with procedures approved by the Agency in the CCDD fill | 5 |
| operation permit, to confirm that the soil is | 6 |
| consistent with the definitions of restricted fill | 7 |
| soil or general fill soil and any chemical analysis | 8 |
| used to determine that the soil is restricted fill soil | 9 |
| or general fill soil. | 10 |
| (E) Confirmation that the soil was not removed from | 11 |
| a site as a part of a cleanup or removal of | 12 |
| contaminants, including, but not limited to, | 13 |
| activities conducted under the Comprehensive | 14 |
| Environmental Response, Compensation, and Liability | 15 |
| Act of 1980, as amended; as a part of a Closure or | 16 |
| Corrective Action under the Resource Conservation and | 17 |
| Recovery Act; or as a part of an Agency remediation | 18 |
| program, such as the Leaking Underground Storage Tank | 19 |
| Program or Site Remediation Program, but excluding | 20 |
| sites subject to Section 58.16 of this Act where there | 21 |
| is no presence or likely presence of a release or a | 22 |
| substantial threat of a release of a regulated | 23 |
| substance at, on, to, or from the real property. | 24 |
| (F) Documentation of all activities conducted | 25 |
| under the Receipt Control and Screening Plan. | 26 |
| Documentation of any chemical analysis must include, |
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| but is not limited to, a copy of the lab analysis, on | 2 |
| letterhead of the laboratory conducting the analysis, | 3 |
| that is signed by the person that conducted the | 4 |
| analysis and by his or her supervisor or reported in | 5 |
| accordance with National Environmental Laboratory | 6 |
| Accreditation Conference standards or their | 7 |
| equivalent. | 8 |
| (5) The owner or operator of the CCDD fill operation | 9 |
| must develop and implement a Testing and Sampling Plan | 10 |
| which ensures that soil used as fill does not exceed the | 11 |
| Class I Soil Component of the Groundwater Ingestion | 12 |
| Exposure Route Values listed in Table A of 35 Ill. Adm. | 13 |
| Code 742, Appendix B, as amended. The Testing and Sampling | 14 |
| Plan must include, but is not limited to, the following: | 15 |
| (A) For every 500 cubic yards of soil used as | 16 |
| fill, a minimum of one representative soil sample | 17 |
| must be screened with an X-ray Fluorescense | 18 |
| Spectroscopy instrument in accordance with | 19 |
| procedures approved by the Agency in the CCDD fill | 20 |
| operation permit. Soil samples must be screened | 21 |
| after the soil is placed as fill at the site. If a | 22 |
| screening sample indicates that soil may exceed | 23 |
| the pH Specific Soil Remediation Objectives for | 24 |
| Inorganics and Ionizing Organics for the Soil | 25 |
| Component of the Groundwater Ingestion Route | 26 |
| (Class I Groundwater) listed in Table C of 35 Ill. |
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| Adm. Code 742, Appendix B, as amended, then | 2 |
| additional representative soil samples must be | 3 |
| collected and analyzed by a laboratory for all of | 4 |
| the chemicals listed in Table A of 35 Ill. Adm. | 5 |
| Code 742, Appendix B, as amended, to determine | 6 |
| whether the soil exceeds the Class I Soil Component | 7 |
| of the Groundwater Ingestion Exposure Route Values | 8 |
| listed in Table A of 35 Ill. Adm. Code 742, | 9 |
| Appendix B, as amended. All of the soil that | 10 |
| exceeds the Class I Soil Component of the | 11 |
| Groundwater Ingestion Exposure Route Values listed | 12 |
| in Table A of 35 Ill. Adm. Code 742, Appendix B, as | 13 |
| amended, must be removed and disposed of at a | 14 |
| landfill. | 15 |
| (B) In addition to the screening and sampling | 16 |
| required under subdivision (d)(5)(A) of this | 17 |
| Section, for every 2,500 cubic yards of soil used | 18 |
| as fill a minimum of one representative soil sample | 19 |
| must be collected. Up to 5 representative samples | 20 |
| may be combined into one composite sample and the | 21 |
| composite sample must be analyzed by a laboratory | 22 |
| for all of the chemicals listed in Table A of 35 | 23 |
| Ill. Adm. Code 742, Appendix B, as amended, to | 24 |
| determine whether the soil exceeds the Class I Soil | 25 |
| Component of the Groundwater Ingestion Exposure | 26 |
| Route Values listed in Table A of 35 Ill. Adm. Code |
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| 742, Appendix B, as amended. The laboratory's | 2 |
| analyses of samples must be performed in | 3 |
| accordance with procedures established by the | 4 |
| Agency. All soil that exceeds the Class I Soil | 5 |
| Component of the Groundwater Ingestion Exposure | 6 |
| Route Values listed in Table A of 35 Ill. Adm. Code | 7 |
| 742, Appendix B, as amended, must be removed and | 8 |
| disposed at a landfill. ; and
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| by replacing page 34, line 17, through page 35, line 15, with | 10 |
| the following:
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| " (f) Owners and operators of CCDD fill operations that are | 12 |
| not permitted under subsection (d) of this Section to use | 13 |
| restricted fill soil or painted construction or demolition | 14 |
| debris as fill material must do all of the following: | 15 |
| (1) Develop and implement a Receipt Control and | 16 |
| Screening Plan that includes, but is not limited to, the | 17 |
| following:
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| (A) For all soil, either (i) a certification from | 19 |
| the owner or operator of the site from which the soil | 20 |
| was removed that the site has never been used for | 21 |
| commercial or industrial purposes and is presumed to be | 22 |
| general fill soil, or (ii) a certification from a | 23 |
| Licensed Profession Engineer that the soil is general | 24 |
| fill soil. Certifications required under subdivision | 25 |
| (f)(1)(A) of this Section must be on forms prescribed |
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| by the Agency. | 2 |
| (B) A visual inspection to confirm that only clean | 3 |
| construction or demolition debris or general fill soil | 4 |
| is being accepted for use as fill.
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| (C) Screening of the soil with a photo ionization | 6 |
| detector or a flame ionization detector, in accordance | 7 |
| with procedures approved by the Agency in the CCDD fill | 8 |
| operation permit, to confirm that the soil is | 9 |
| consistent with the definition of general fill soil and | 10 |
| any chemical analysis used to determine that the soil | 11 |
| is general fill soil.
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| (D) Confirmation that the soil was not removed from | 13 |
| a site as a part of a cleanup or removal of | 14 |
| contaminants, including, but not limited to, | 15 |
| activities conducted under the Comprehensive | 16 |
| Environmental Response, Compensation, and Liability | 17 |
| Act of 1980, as amended; as a part of a Closure or | 18 |
| Corrective Action under the Resource Conservation and | 19 |
| Recovery Act; or as a part of an Agency remediation | 20 |
| program, such as the Leaking Underground Storage Tank | 21 |
| Program or Site Remediation Program, but excluding | 22 |
| sites subject to Section 58.16 of this Act where there | 23 |
| is no presence or likely presence of a release or a | 24 |
| substantial threat of a release of a regulated | 25 |
| substance at, on, to, or from the real property.
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| (E) Documentation of all activities conducted |
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| under the Receipt Control and Screening Plan. | 2 |
| Documentation of any chemical analysis must include, | 3 |
| but is not limited to, a copy of the lab analysis, on | 4 |
| letterhead of the laboratory conducting the analysis, | 5 |
| that is signed by the person that conducted the | 6 |
| analysis and by his or her supervisor or reported in | 7 |
| accordance with National Environmental Laboratory | 8 |
| Accreditation Conference standards or their | 9 |
| equivalent. | 10 |
| (2) Develop and implement a Testing and Sampling Plan | 11 |
| which ensures that soil used as fill does not exceed the | 12 |
| most stringent Tier 1 exposure route values adopted by the | 13 |
| Board under Title XVII of this Act. The most stringent Tier | 14 |
| 1 exposure route values adopted by the Board under Title | 15 |
| XVII of this Act shall be determined in the manner set | 16 |
| forth in the definition of general fill soil under Section | 17 |
| 3.508 of this Act. The Testing and Sampling Plan must | 18 |
| include, but is not limited to, all of the following: | 19 |
| (A) For every 2,500 cubic yards of soil used as | 20 |
| fill, a minimum of one representative soil sample must | 21 |
| be collected. | 22 |
| (B) Up to 5 representative samples, may be combined | 23 |
| into one composite sample, and the composite sample | 24 |
| must be analyzed by a laboratory for all of the | 25 |
| chemicals listed in Table A of 35 Ill. Adm. Code 742, | 26 |
| Appendix B, as amended. |
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| (C) The laboratory's analysis of samples must be in | 2 |
| accordance with procedures established by the Agency | 3 |
| to determine whether the soil exceeds the most | 4 |
| stringent Tier 1 exposure route values adopted by the | 5 |
| Board under Title XVII of this Act. | 6 |
| (D) All soil that exceeds the most stringent Tier 1 | 7 |
| exposure route values adopted by the Board under Title | 8 |
| XVII of this Act must be removed and disposed at a | 9 |
| landfill.
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| (3) A closure and post-closure care plan that includes, | 11 |
| but is not limited to, covering, within 90 days after | 12 |
| completion of the filling or as approved by the Agency, all | 13 |
| clean construction or demolition debris with a minimum of 3 | 14 |
| feet of general fill soil, a road, pavement, or structure. ; | 15 |
| and
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| on page 35, by replacing lines 19 and 20 with the following:
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| " years after the date of receipt of the restricted fill soil, | 18 |
| painted construction or demolition debris, clean construction | 19 |
| or demolition debris, or general fill soil, except that | 20 |
| documentation relating "; and
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| on page 36, by replacing lines 5 through 8 with the following:
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| " (h) Except at CCDD fill operations permitted under | 23 |
| subsection (d) of this Section to use restricted fill soil as | 24 |
| fill material, no person shall use soil other than general fill |
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| soil as fill material at a CCDD fill operation. At CCDD fill | 2 |
| operations permitted under subsection (d) of this Section to | 3 |
| use restricted fill soil as fill material, no person shall use | 4 |
| soil other than restricted fill soil or general fill soil as | 5 |
| fill material.
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| (h-5) Except at CCDD fill operations permitted under | 7 |
| subsection (d) of this Section to use painted construction or | 8 |
| demolition debris as fill material, no person shall use | 9 |
| construction or demolition debris other than clean | 10 |
| construction or demolition debris as fill material at a CCDD | 11 |
| fill operation. At CCDD fill operations permitted under | 12 |
| subsection (d) of this Section to use painted construction or | 13 |
| demolition debris as fill material, no person shall use | 14 |
| construction or demolition debris other than painted | 15 |
| construction or demolition debris or clean construction or | 16 |
| demolition debris as fill material. "; and
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| on page 36, by replacing lines 15 through 19 with the | 18 |
| following:
| 19 |
| " (j) After completion of filling at a CCDD fill operation | 20 |
| where restricted fill soil has been used as fill material, no | 21 |
| person shall occupy, or cause or allow the occupancy, of any | 22 |
| building at the site unless the building control technologies | 23 |
| required under subdivision (d)(2) of this Section have been | 24 |
| installed and are maintained. No person shall perform any | 25 |
| activity that disturbs the building controls technologies |
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| unless the site is entered into the Agency's Site Remediation | 2 |
| Program and the activity is approved by the Agency as | 3 |
| consistent with Title XVII of this Act and rules adopted | 4 |
| thereunder. "; and
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| by deleting page 36, line 20, through page 37, line 2; and
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| on page 37, line 5, immediately after " soil ", by inserting " or | 7 |
| painted construction or demolition debris "; and
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| on page 37, line 10, by deleting " any "; and
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| on page 37, line 11, by replacing " The bond amount " with " The | 10 |
| amount of the performance bond or other security "; and
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| on page 37, line 12, immediately after " cost estimate " by | 12 |
| inserting " for the performance bond or other security "; and | 13 |
| by replacing page 38, line 14, through page 40, line 11, with | 14 |
| the following:
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| " Sec. 22.51a. Soil Fill Operations. This Section applies to | 16 |
| persons using soil as fill material at a soil fill operation.
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| (a) For purposes of this Section:
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| (1) The term "soil fill operation" means a current or | 19 |
| former quarry, mine, or other excavation, other than a | 20 |
| clean construction or demolition debris fill operation as |
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| defined in subdivision (e)(3) of Section 22.51 of this Act, | 2 |
| where soil is used as fill material.
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| (2) The term "other excavation" does not include holes, | 4 |
| trenches, or similar earth removal created as part of | 5 |
| normal construction, removal, or maintenance of a | 6 |
| structure, utility, or transportation infrastructure.
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| (b) No person shall:
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| (1) Use soil as fill material at a soil fill operation | 9 |
| unless the requirements of this Section are met.
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| (2) Use soil other than general fill soil as fill | 11 |
| material at a soil fill operation.
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| (3) Use construction or demolition debris, including, | 13 |
| but not limited to, painted construction or demolition | 14 |
| debris and clean construction or demolition debris, as fill | 15 |
| material at a soil fill operation.
| 16 |
| (c) On and after January 1, 2010, no person shall use soil | 17 |
| as fill material at a soil fill operation unless the owner or | 18 |
| operator of the soil fill operation has notified the Agency of | 19 |
| the soil fill operation. The notice must be submitted on forms | 20 |
| and in a format prescribed by the Agency.
| 21 |
| (d) Owners and operators of soil fill operations must do | 22 |
| all of the following:
| 23 |
| (1) Develop and implement a Receipt Control and | 24 |
| Screening Plan that includes, but is not limited to, the | 25 |
| following:
| 26 |
| (A) For all soil, either (i) a certification from |
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LRB096 09569 JDS 23511 a |
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| the owner or operator of the site from which the soil | 2 |
| was removed that the site has never been used for | 3 |
| commercial or industrial purposes and is presumed to be | 4 |
| general fill soil, or (ii) a certification from a | 5 |
| Licensed Profession Engineer that the soil is general | 6 |
| fill soil. Certifications required under this | 7 |
| subdivision (d)(1)(A) of this Section must be on forms | 8 |
| prescribed by the Agency.
| 9 |
| (B) A visual inspection to confirm that only | 10 |
| general fill soil is being accepted for use as fill.
| 11 |
| (C) Screening of the soil with a photo ionization | 12 |
| detector or a flame ionization detector to confirm that | 13 |
| the soil is consistent with the definition of general | 14 |
| fill soil and any chemical analysis used to determine | 15 |
| that the soil is general fill soil.
| 16 |
| (D) Confirmation that the soil was not removed from | 17 |
| a site as a part of the cleanup or removal of | 18 |
| contaminants, including, but not limited to, | 19 |
| activities conducted under the Comprehensive | 20 |
| Environmental Response, Compensation, and Liability | 21 |
| Act of 1980, as amended; as a part of a Closure or | 22 |
| Corrective Action under the Resource Conservation and | 23 |
| Recovery; or as a part of an Agency remediation | 24 |
| program, such as the Leaking Underground Storage Tank | 25 |
| Program or Site Remediation Program, but excluding | 26 |
| sites subject to Section 58.16 of this Act where there |
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LRB096 09569 JDS 23511 a |
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| 1 |
| is no presence or likely presence of a release or a | 2 |
| substantial threat of a release of a regulated | 3 |
| substance at, on, to, or from the real property.
| 4 |
| (E) Documentation of all activities conducted | 5 |
| under the Receipt Control and Screening Plan. | 6 |
| Documentation of any chemical analysis must include, | 7 |
| but is not limited to, a copy of the lab analysis, on | 8 |
| letterhead of the laboratory conducting the analysis, | 9 |
| that is signed by the person that conducted the | 10 |
| analysis and by his or her supervisor or that is | 11 |
| reported in accordance with National Environmental | 12 |
| Laboratory Accreditation Conference standards or their | 13 |
| equivalent.
| 14 |
| (2) Develop and implement a Testing and Sampling Plan | 15 |
| which ensures that soil used as fill does not exceed the | 16 |
| most stringent Tier 1 exposure route values adopted by the | 17 |
| Board under Title XVII of this Act. The most stringent Tier | 18 |
| 1 exposure route values adopted by the Board under Title | 19 |
| XVII of this Act shall be determined in the manner set | 20 |
| forth in the definition of general fill soil under Section | 21 |
| 3.508 of this Act. The Testing and Sampling Plan must | 22 |
| include, but is not limited to, the following: | 23 |
| (A) For every 5,000 cubic yards of soil used as | 24 |
| fill, a minimum of one representative soil sample must | 25 |
| be collected. | 26 |
| (B) Up to 5 representative samples may be combined |
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LRB096 09569 JDS 23511 a |
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| 1 |
| into one composite sample, and the composite sample | 2 |
| must be analyzed by a laboratory for all of the | 3 |
| chemicals listed in Table A of 35 Ill. Adm. Code 742, | 4 |
| Appendix B, as amended. | 5 |
| (C) The laboratory's analyses must be performed in | 6 |
| accordance with procedures established by the Agency, | 7 |
| to determine whether the soil exceeds the most | 8 |
| stringent Tier 1 exposure route values adopted by the | 9 |
| Board under Title XVII of this Act. | 10 |
| (D) All soil that exceeds the most stringent Tier 1 | 11 |
| exposure route values adopted by the Board under Title | 12 |
| XVII of this Act must be removed and disposed of at a | 13 |
| landfill.
| 14 |
| (e) Owners and operators of soil fill operations must | 15 |
| maintain all documentation required under this Section until at | 16 |
| least 3 years after the date of receipt of the soil, except | 17 |
| that documentation relating to an appeal, litigation, or other | 18 |
| disputed claim must be maintained until at least 3 years after | 19 |
| the date of the final disposition of the appeal, litigation, or | 20 |
| other disputed claim. Copies of the documentation must be made | 21 |
| available to the Agency for inspection and copying during | 22 |
| normal business hours. | 23 |
| Chemical analysis conducted under this Section must be | 24 |
| conducted in accordance with the requirements of 35 Ill. Adm. | 25 |
| Code 742 and "Test Methods for Evaluating Solid Waste, | 26 |
| Physical/Chemical Methods", USEPA Publication No. SW-846, as |
|
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|
09600SB1607sam001 |
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LRB096 09569 JDS 23511 a |
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| 1 |
| amended. "; and
| 2 |
| on page 40, lines 23 and 24 by replacing " clean construction or | 3 |
| demolition debris or soil " with " soil or clean construction or | 4 |
| demolition debris "; and | 5 |
| on page 40, line 25, through page 41, line 1, by replacing | 6 |
| " clean construction or demolition debris and soil " with " soil | 7 |
| and clean construction or demolition debris "; and
| 8 |
| on page 41, line 4, by replacing " construction demolition " with | 9 |
| " construction or demolition "; and
| 10 |
| on page 41, line 9, by replacing " Section 22.51 " with " Sections | 11 |
| 22.51 and 22.51a "; and
| 12 |
| on page 41, line 17, by replacing " Section 22.51 " with " Section | 13 |
| 22.51 or 22.51a "; and
| 14 |
| on page 42, line 1, by replacing " Section 22.51 " with" Section | 15 |
| 22.51 or 22.51a "; and
| 16 |
| on page 47, by replacing lines 14 through 17 with the | 17 |
| following:
| 18 |
| " issued under Section 22.51 of this Act that is found to have | 19 |
| violated any provision of Section 22.51 or the permit, or any |
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LRB096 09569 JDS 23511 a |
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| 1 |
| person that is found to have violated Section 22.51a of this | 2 |
| Act, shall pay a civil penalty of $1,000 for each violation of | 3 |
| each provision, "; and
| 4 |
| on page 47, by replacing line 20 with the following:
| 5 |
| " $2,000 for each violation of any provision of Section 22.51, | 6 |
| the permit, or Section 22.51a, ".
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|