Full Text of SB3002 96th General Assembly
SB3002 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3002
Introduced 2/4/2010, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED: |
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Amends the Environmental Protection Act. Makes a technical change in a provision concerning beneficial use determinations.
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A BILL FOR
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SB3002 |
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LRB096 19995 JDS 35480 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 22.54 as follows: | 6 |
| (415 ILCS 5/22.54) | 7 |
| Sec. 22.54. Beneficial Use Determinations. The The purpose | 8 |
| of this Section is to allow the Agency to determine that a | 9 |
| material otherwise required to be managed as waste may be | 10 |
| managed as non-waste if that material is used beneficially and | 11 |
| in a manner that is protective of human health and the | 12 |
| environment. | 13 |
| (a) To the extent allowed by federal law, the Agency may, | 14 |
| upon the request of an applicant, make a written determination | 15 |
| that a material is used beneficially (rather than discarded) | 16 |
| and, therefore, not a waste if the applicant demonstrates all | 17 |
| of the following: | 18 |
| (1) The chemical and physical properties of the | 19 |
| material are comparable to similar commercially available | 20 |
| materials. | 21 |
| (2) The market demand for the material is such that all | 22 |
| of the following requirements are met: | 23 |
| (A) The material will be used within a reasonable |
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| time. | 2 |
| (B) The material's storage prior to use will be | 3 |
| minimized. | 4 |
| (C) The material will not be abandoned. | 5 |
| (3) The material is legitimately beneficially used. | 6 |
| For the purposes of this item (3) of subsection (a) of this | 7 |
| Section, a material is "legitimately beneficially used" if | 8 |
| the applicant demonstrates all of the following: | 9 |
| (A) The material is managed separately from waste, | 10 |
| as a valuable material, and in a manner that maintains | 11 |
| its beneficial usefulness, including, but not limited | 12 |
| to, storing in a manner that minimizes the material's | 13 |
| loss and maintains its beneficial usefulness. | 14 |
| (B) The material is used as an effective substitute | 15 |
| for a similar commercially available material. For the | 16 |
| purposes of this paragraph (B) of item (3) of | 17 |
| subsection (a) of this Section, a material is "used as | 18 |
| an effective substitute for a commercially available | 19 |
| material" if the applicant demonstrates one or more of | 20 |
| the following: | 21 |
| (i) The material is used as a valuable raw | 22 |
| material or ingredient to produce a legitimate end | 23 |
| product. | 24 |
| (ii) The material is used directly as a | 25 |
| legitimate end product in place of a similar | 26 |
| commercially available product. |
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| (iii) The material replaces a catalyst or | 2 |
| carrier to produce a legitimate end product. | 3 |
| The applicant's demonstration under this paragraph | 4 |
| (B) of item (3) of subsection (a) of this Section must | 5 |
| include, but is not limited to, a description of the | 6 |
| use of the material, a description of the use of the | 7 |
| legitimate end product, and a demonstration that the | 8 |
| use of the material is comparable to the use of similar | 9 |
| commercially available products. | 10 |
| (C) The applicant demonstrates all of the | 11 |
| following: | 12 |
| (i) The material is used under paragraph (B) of | 13 |
| item (3) of subsection (a) of this Section within a | 14 |
| reasonable time. | 15 |
| (ii) The material's storage prior to use is | 16 |
| minimized. | 17 |
| (iii) The material is not abandoned. | 18 |
| (4) The management and use of the material will not | 19 |
| cause, threaten, or allow the release of any contaminant | 20 |
| into the environment, except as authorized by law. | 21 |
| (5) The management and use of the material otherwise | 22 |
| protects human health and safety and the environment. | 23 |
| (b) Applications for beneficial use determinations must be | 24 |
| submitted on forms and in a format prescribed by the Agency. | 25 |
| Agency approval, approval with conditions, or disapproval of an | 26 |
| application for a beneficial use determination must be in |
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| writing. Approvals with conditions and disapprovals of | 2 |
| applications for a beneficial use determination must include | 3 |
| the Agency's reasons for the conditions or disapproval, and | 4 |
| they are subject to review under Section 40 of this Act. | 5 |
| (c) Beneficial use determinations shall be effective for a | 6 |
| period approved by the Agency, but that period may not exceed 5 | 7 |
| years. Material that is beneficially used (i) in accordance | 8 |
| with a beneficial use determination, (ii) during the effective | 9 |
| period of the beneficial use determination, and (iii) by the | 10 |
| recipient of a beneficial use determination shall maintain its | 11 |
| non-waste status after the effective period of the beneficial | 12 |
| use determination unless its use no longer complies with the | 13 |
| terms of the beneficial use determination or the material | 14 |
| otherwise becomes waste. | 15 |
| (d) No recipient of a beneficial use determination shall | 16 |
| manage or use the material that is the subject of the | 17 |
| determination in violation of the determination or any | 18 |
| conditions in the determination, unless the material is managed | 19 |
| as waste. | 20 |
| (e) A beneficial use determination shall terminate by | 21 |
| operation of law if, due to a change in law, it conflicts with | 22 |
| the law; however, the recipient of the determination may apply | 23 |
| for a new beneficial use determination that is consistent with | 24 |
| the law as amended. | 25 |
| (f) This Section does not apply to hazardous waste, coal | 26 |
| combustion waste, coal combustion by-product, sludge applied |
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| to the land, potentially infectious medical waste, or used oil. | 2 |
| (g) This Section does not apply to material that is burned | 3 |
| for energy recovery, that is used to produce a fuel, or that is | 4 |
| otherwise contained in a fuel. | 5 |
| (h) This Section does not apply to waste from the steel and | 6 |
| foundry industries that is (i) classified as beneficially | 7 |
| usable waste under Board rules and (ii) beneficially used in | 8 |
| accordance with Board rules governing the management of | 9 |
| beneficially usable waste from the steel and foundry | 10 |
| industries. This Section does apply to other beneficial uses of | 11 |
| waste from the steel and foundry industries, including, but not | 12 |
| limited to, waste that is classified as beneficially usable | 13 |
| waste but not used in accordance with the Board's rules | 14 |
| governing the management of beneficially usable waste from the | 15 |
| steel and foundry industries. No person shall use iron slags, | 16 |
| steelmaking slags, or foundry sands for land reclamation | 17 |
| purposes unless they have obtained a beneficial use | 18 |
| determination for such use under this Section. | 19 |
| (i) For purposes of this Section, the term "commercially | 20 |
| available material" means virgin material that (i) meets | 21 |
| industry standards for a specific use and (ii) is normally sold | 22 |
| for such use. For purposes of this Section, the term | 23 |
| "commercially available product" means a product made of virgin | 24 |
| material that (i) meets industry standards for a specific use | 25 |
| and (ii) is normally sold for such use.
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| (Source: P.A. 96-489, eff. 8-14-09.)
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