Full Text of HB1326 97th General Assembly
HB1326ham001 97TH GENERAL ASSEMBLY | Rep. Daniel V. Beiser Filed: 2/22/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1326
| 2 | | AMENDMENT NO. ______. Amend House Bill 1326 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 21 and 22.54 as follows:
| 6 | | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
| 7 | | Sec. 21. Prohibited acts. No person shall:
| 8 | | (a) Cause or allow the open dumping of any waste.
| 9 | | (b) Abandon, dump, or deposit any waste upon the public | 10 | | highways or
other public property, except in a sanitary | 11 | | landfill approved by the
Agency pursuant to regulations adopted | 12 | | by the Board.
| 13 | | (c) Abandon any vehicle in violation of the "Abandoned | 14 | | Vehicles
Amendment to the Illinois Vehicle Code", as enacted by | 15 | | the 76th General
Assembly.
| 16 | | (c-5) Accept asphalt roofing shingles at a waste-storage, |
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| 1 | | waste-treatment, or waste-disposal operation if a shingle | 2 | | recycling facility on the roster maintained by the Agency under | 3 | | subsection (e-5) of this Act is located within a 55-mile radius | 4 | | of the waste-storage, waste-treatment, or waste-disposal | 5 | | operation. | 6 | | (d) Conduct any waste-storage, waste-treatment, or | 7 | | waste-disposal
operation:
| 8 | | (1) without a permit granted by the Agency or in | 9 | | violation of any
conditions imposed by such permit, | 10 | | including periodic reports and full
access to adequate | 11 | | records and the inspection of facilities, as may be
| 12 | | necessary to assure compliance with this Act and with | 13 | | regulations and
standards adopted thereunder; provided, | 14 | | however, that, except for municipal
solid waste landfill | 15 | | units that receive waste on or after October 9, 1993,
no | 16 | | permit shall be
required for (i) any person conducting a | 17 | | waste-storage, waste-treatment, or
waste-disposal | 18 | | operation for wastes generated by such person's own
| 19 | | activities which are stored, treated, or disposed within | 20 | | the site where
such wastes are generated, or (ii)
a | 21 | | facility located in a county with a
population over 700,000 | 22 | | as of January 1, 2000, operated and located in accordance | 23 | | with
Section 22.38 of this Act, and used exclusively for | 24 | | the transfer, storage, or
treatment of general | 25 | | construction or demolition debris, provided that the | 26 | | facility was receiving construction or demolition debris |
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| 1 | | on the effective date of this amendatory Act of the 96th | 2 | | General Assembly;
| 3 | | (2) in violation of any regulations or standards | 4 | | adopted by the
Board under this Act; or
| 5 | | (3) which receives waste after August 31, 1988, does | 6 | | not have a permit
issued by the Agency, and is (i) a | 7 | | landfill used exclusively for the
disposal of waste | 8 | | generated at the site, (ii) a surface impoundment
receiving | 9 | | special waste not listed in an NPDES permit, (iii) a waste | 10 | | pile
in which the total volume of waste is greater than 100 | 11 | | cubic yards or the
waste is stored for over one year, or | 12 | | (iv) a land treatment facility
receiving special waste | 13 | | generated at the site; without giving notice of the
| 14 | | operation to the Agency by January 1, 1989, or 30 days | 15 | | after the date on
which the operation commences, whichever | 16 | | is later, and every 3 years
thereafter. The form for such | 17 | | notification shall be specified by the
Agency, and shall be | 18 | | limited to information regarding: the name and address
of | 19 | | the location of the operation; the type of operation; the | 20 | | types and
amounts of waste stored, treated or disposed of | 21 | | on an annual basis; the
remaining capacity of the | 22 | | operation; and the remaining expected life of
the | 23 | | operation.
| 24 | | Item (3) of this subsection (d) shall not apply to any | 25 | | person
engaged in agricultural activity who is disposing of a | 26 | | substance that
constitutes solid waste, if the substance was |
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| 1 | | acquired for use by that
person on his own property, and the | 2 | | substance is disposed of on his own
property in accordance with | 3 | | regulations or standards adopted by the Board.
| 4 | | This subsection (d) shall not apply to hazardous waste.
| 5 | | (e) Dispose, treat, store or abandon any waste, or | 6 | | transport any waste
into this State for disposal, treatment, | 7 | | storage or abandonment, except at
a site or facility which | 8 | | meets the requirements of this Act and of
regulations and | 9 | | standards thereunder.
| 10 | | (f) Conduct any hazardous waste-storage, hazardous | 11 | | waste-treatment or
hazardous waste-disposal operation:
| 12 | | (1) without a RCRA permit for the site issued by the | 13 | | Agency under
subsection (d) of Section 39 of this Act, or | 14 | | in violation of any condition
imposed by such permit, | 15 | | including periodic reports and full access to
adequate | 16 | | records and the inspection of facilities, as may be | 17 | | necessary to
assure compliance with this Act and with | 18 | | regulations and standards adopted
thereunder; or
| 19 | | (2) in violation of any regulations or standards | 20 | | adopted by the Board
under this Act; or
| 21 | | (3) in violation of any RCRA permit filing requirement | 22 | | established under
standards adopted by the Board under this | 23 | | Act; or
| 24 | | (4) in violation of any order adopted by the Board | 25 | | under this Act.
| 26 | | Notwithstanding the above, no RCRA permit shall be required |
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| 1 | | under this
subsection or subsection (d) of Section 39 of this | 2 | | Act for any
person engaged in agricultural activity who is | 3 | | disposing of a substance
which has been identified as a | 4 | | hazardous waste, and which has been
designated by Board | 5 | | regulations as being subject to this exception, if the
| 6 | | substance was acquired for use by that person on his own | 7 | | property and the
substance is disposed of on his own property | 8 | | in accordance with regulations
or standards adopted by the | 9 | | Board.
| 10 | | (g) Conduct any hazardous waste-transportation operation:
| 11 | | (1) without registering with and obtaining a permit | 12 | | from the Agency in
accordance with the Uniform Program | 13 | | implemented under subsection (l-5) of
Section 22.2; or
| 14 | | (2) in violation of any regulations or standards | 15 | | adopted by
the
Board under this Act.
| 16 | | (h) Conduct any hazardous waste-recycling or hazardous | 17 | | waste-reclamation
or hazardous waste-reuse operation in | 18 | | violation of any regulations, standards
or permit requirements | 19 | | adopted by the Board under this Act.
| 20 | | (i) Conduct any process or engage in any act which produces | 21 | | hazardous
waste in violation of any regulations or standards | 22 | | adopted by the Board
under subsections (a) and (c) of Section | 23 | | 22.4 of this Act.
| 24 | | (j) Conduct any special waste transportation operation in | 25 | | violation
of any regulations, standards or permit requirements | 26 | | adopted by the Board
under this Act. However, sludge from a |
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| 1 | | water or sewage treatment plant
owned and operated by a unit of | 2 | | local government which (1) is subject to a
sludge management | 3 | | plan approved by the Agency or a permit granted by the
Agency, | 4 | | and (2) has been tested and determined not to be a hazardous | 5 | | waste
as required by applicable State and federal laws and | 6 | | regulations, may be
transported in this State without a special | 7 | | waste hauling permit, and the
preparation and carrying of a | 8 | | manifest shall not be required for such
sludge under the rules | 9 | | of the Pollution Control Board. The unit of local
government | 10 | | which operates the treatment plant producing such sludge shall
| 11 | | file a semiannual report with the Agency identifying the volume | 12 | | of such
sludge transported during the reporting period, the | 13 | | hauler of the sludge,
and the disposal sites to which it was | 14 | | transported. This subsection (j)
shall not apply to hazardous | 15 | | waste.
| 16 | | (k) Fail or refuse to pay any fee imposed under this Act.
| 17 | | (l) Locate a hazardous waste disposal site above an active | 18 | | or
inactive shaft or tunneled mine or within 2 miles of an | 19 | | active fault in
the earth's crust. In counties of population | 20 | | less than 225,000 no
hazardous waste disposal site shall be | 21 | | located (1) within 1 1/2 miles of
the corporate limits as | 22 | | defined on June 30, 1978, of any municipality
without the | 23 | | approval of the governing body of the municipality in an
| 24 | | official action; or (2) within 1000 feet of an existing private | 25 | | well or
the existing source of a public water supply measured | 26 | | from the boundary
of the actual active permitted site and |
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| 1 | | excluding existing private wells
on the property of the permit | 2 | | applicant. The provisions of this
subsection do not apply to | 3 | | publicly-owned sewage works or the disposal
or utilization of | 4 | | sludge from publicly-owned sewage works.
| 5 | | (m) Transfer interest in any land which has been used as a
| 6 | | hazardous waste disposal site without written notification to | 7 | | the Agency
of the transfer and to the transferee of the | 8 | | conditions imposed by the Agency
upon its use under subsection | 9 | | (g) of Section 39.
| 10 | | (n) Use any land which has been used as a hazardous waste
| 11 | | disposal site except in compliance with conditions imposed by | 12 | | the Agency
under subsection (g) of Section 39.
| 13 | | (o) Conduct a sanitary landfill operation which is required | 14 | | to have a
permit under subsection (d) of this Section, in a | 15 | | manner which results in
any of the following conditions:
| 16 | | (1) refuse in standing or flowing waters;
| 17 | | (2) leachate flows entering waters of the State;
| 18 | | (3) leachate flows exiting the landfill confines (as | 19 | | determined by the
boundaries established for the landfill | 20 | | by a permit issued by the Agency);
| 21 | | (4) open burning of refuse in violation of Section 9 of | 22 | | this Act;
| 23 | | (5) uncovered refuse remaining from any previous | 24 | | operating day or at the
conclusion of any operating day, | 25 | | unless authorized by permit;
| 26 | | (6) failure to provide final cover within time limits |
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| 1 | | established by
Board regulations;
| 2 | | (7) acceptance of wastes without necessary permits;
| 3 | | (8) scavenging as defined by Board regulations;
| 4 | | (9) deposition of refuse in any unpermitted portion of | 5 | | the landfill;
| 6 | | (10) acceptance of a special waste without a required | 7 | | manifest;
| 8 | | (11) failure to submit reports required by permits or | 9 | | Board regulations;
| 10 | | (12) failure to collect and contain litter from the | 11 | | site by the end of
each operating day;
| 12 | | (13) failure to submit any cost estimate for the site | 13 | | or any performance
bond or other security for the site as | 14 | | required by this Act or Board rules.
| 15 | | The prohibitions specified in this subsection (o) shall be | 16 | | enforceable by
the Agency either by administrative citation | 17 | | under Section 31.1 of this Act
or as otherwise provided by this | 18 | | Act. The specific prohibitions in this
subsection do not limit | 19 | | the power of the Board to establish regulations
or standards | 20 | | applicable to sanitary landfills.
| 21 | | (p) In violation of subdivision (a) of this Section, cause | 22 | | or allow the
open dumping of any waste in a manner which | 23 | | results in any of the following
occurrences at the dump site:
| 24 | | (1) litter;
| 25 | | (2) scavenging;
| 26 | | (3) open burning;
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| 1 | | (4) deposition of waste in standing or flowing waters;
| 2 | | (5) proliferation of disease vectors;
| 3 | | (6) standing or flowing liquid discharge from the dump | 4 | | site;
| 5 | | (7) deposition of:
| 6 | | (i) general construction or demolition debris as | 7 | | defined in Section
3.160(a) of this Act; or
| 8 | | (ii) clean construction or demolition debris as | 9 | | defined in Section
3.160(b) of this Act.
| 10 | | The prohibitions specified in this subsection (p) shall be
| 11 | | enforceable by the Agency either by administrative citation | 12 | | under Section
31.1 of this Act or as otherwise provided by this | 13 | | Act. The specific
prohibitions in this subsection do not limit | 14 | | the power of the Board to
establish regulations or standards | 15 | | applicable to open dumping.
| 16 | | (q) Conduct a landscape waste composting operation without | 17 | | an Agency
permit, provided, however, that no permit shall be | 18 | | required for any person:
| 19 | | (1) conducting a landscape waste composting operation | 20 | | for landscape
wastes generated by such person's own | 21 | | activities which are stored, treated
or disposed of within | 22 | | the site where such wastes are generated; or
| 23 | | (2) applying landscape waste or composted landscape | 24 | | waste at agronomic
rates; or
| 25 | | (3) operating a landscape waste composting facility on | 26 | | a farm, if the
facility meets all of the following |
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| 1 | | criteria:
| 2 | | (A) the composting facility is operated by the | 3 | | farmer on property on
which the composting material is | 4 | | utilized, and the composting facility
constitutes no | 5 | | more than 2% of the property's total acreage, except | 6 | | that
the Agency may allow a higher percentage for | 7 | | individual sites where the owner
or operator has | 8 | | demonstrated to the Agency that the site's soil
| 9 | | characteristics or crop needs require a higher rate;
| 10 | | (B) the property on which the composting facility | 11 | | is located, and any
associated property on which the | 12 | | compost is used, is principally and
diligently devoted | 13 | | to the production of agricultural crops and
is not | 14 | | owned, leased or otherwise controlled by any waste | 15 | | hauler
or generator of nonagricultural compost | 16 | | materials, and the operator of the
composting facility | 17 | | is not an employee, partner, shareholder, or in any way
| 18 | | connected with or controlled by any such waste hauler | 19 | | or generator;
| 20 | | (C) all compost generated by the composting | 21 | | facility is applied at
agronomic rates and used as | 22 | | mulch, fertilizer or soil conditioner on land
actually | 23 | | farmed by the person operating the composting | 24 | | facility, and the
finished compost is not stored at the | 25 | | composting site for a period longer
than 18 months | 26 | | prior to its application as mulch, fertilizer, or soil |
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| 1 | | conditioner;
| 2 | | (D) the owner or operator, by January 1, 1990 (or | 3 | | the January 1
following commencement of operation, | 4 | | whichever is later) and January 1 of
each year | 5 | | thereafter, (i) registers the site with the Agency, | 6 | | (ii) reports
to the Agency on the volume of composting | 7 | | material received and used at the
site, (iii) certifies | 8 | | to the Agency that the site complies with the
| 9 | | requirements set forth in subparagraphs (A), (B) and | 10 | | (C) of this paragraph
(q)(3), and (iv) certifies to the | 11 | | Agency that all composting material was
placed more | 12 | | than 200 feet from the nearest potable water supply | 13 | | well, was
placed outside the boundary of the 10-year | 14 | | floodplain or on a part of the
site that is | 15 | | floodproofed, was placed at least 1/4 mile from the | 16 | | nearest
residence (other than a residence located on | 17 | | the same property as the
facility) and there are not | 18 | | more than 10 occupied non-farm residences
within 1/2 | 19 | | mile of the boundaries of the site on the date of | 20 | | application,
and was placed more than 5 feet above the | 21 | | water table.
| 22 | | For the purposes of this subsection (q), "agronomic rates" | 23 | | means the
application of not more than 20 tons per acre per | 24 | | year, except that the
Agency may allow a higher rate for | 25 | | individual sites where the owner or
operator has demonstrated | 26 | | to the Agency that the site's soil
characteristics or crop |
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| 1 | | needs require a higher rate.
| 2 | | (r) Cause or allow the storage or disposal of coal | 3 | | combustion
waste unless:
| 4 | | (1) such waste is stored or disposed of at a site or
| 5 | | facility for which
a permit has been obtained or is not | 6 | | otherwise required under subsection
(d) of this Section; or
| 7 | | (2) such waste is stored or disposed of as a part of
| 8 | | the design and
reclamation of a site or facility which is | 9 | | an abandoned mine site in
accordance with the Abandoned | 10 | | Mined Lands and Water Reclamation Act; or
| 11 | | (3) such waste is stored or disposed of at a site or
| 12 | | facility which is
operating under NPDES and Subtitle D | 13 | | permits issued by the Agency pursuant
to regulations | 14 | | adopted by the Board for mine-related water pollution and
| 15 | | permits issued pursuant to the Federal Surface Mining | 16 | | Control and
Reclamation Act of 1977 (P.L. 95-87) or the | 17 | | rules and regulations
thereunder or any law or rule or | 18 | | regulation adopted by the State of
Illinois pursuant | 19 | | thereto, and the owner or operator of the facility agrees
| 20 | | to accept the waste; and either
| 21 | | (i) such waste is stored or disposed of in | 22 | | accordance
with requirements
applicable to refuse | 23 | | disposal under regulations adopted by the Board for
| 24 | | mine-related water pollution and pursuant to NPDES and | 25 | | Subtitle D permits
issued by the Agency under such | 26 | | regulations; or
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| 1 | | (ii) the owner or operator of the facility | 2 | | demonstrates all of the
following to the Agency, and | 3 | | the facility is operated in accordance with
the | 4 | | demonstration as approved by the Agency: (1) the | 5 | | disposal area will be
covered in a manner that will | 6 | | support continuous vegetation, (2) the
facility will | 7 | | be adequately protected from wind and water erosion, | 8 | | (3) the
pH will be maintained so as to prevent | 9 | | excessive leaching of metal ions,
and (4) adequate | 10 | | containment or other measures will be provided to | 11 | | protect
surface water and groundwater from | 12 | | contamination at levels prohibited by
this Act, the | 13 | | Illinois Groundwater Protection Act, or regulations | 14 | | adopted
pursuant thereto.
| 15 | | Notwithstanding any other provision of this Title, the | 16 | | disposal of coal
combustion waste pursuant to item (2) or (3) | 17 | | of this
subdivision (r) shall
be exempt from the other | 18 | | provisions of this Title V, and notwithstanding
the provisions | 19 | | of Title X of this Act, the Agency is authorized to grant
| 20 | | experimental permits which include provision for the disposal | 21 | | of
wastes from the combustion of coal and other materials | 22 | | pursuant to items
(2) and (3) of this subdivision (r).
| 23 | | (s) After April 1, 1989, offer for transportation, | 24 | | transport, deliver,
receive or accept special waste for which a | 25 | | manifest is required, unless
the manifest indicates that the | 26 | | fee required under Section 22.8 of this
Act has been paid.
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| 1 | | (t) Cause or allow a lateral expansion of a municipal solid | 2 | | waste landfill
unit on or after October 9, 1993, without a | 3 | | permit modification, granted by the
Agency, that authorizes the | 4 | | lateral expansion.
| 5 | | (u) Conduct any vegetable by-product treatment, storage, | 6 | | disposal or
transportation operation in violation of any | 7 | | regulation, standards or permit
requirements adopted by the | 8 | | Board under this Act. However, no permit shall be
required | 9 | | under this Title V for the land application of vegetable | 10 | | by-products
conducted pursuant to Agency permit issued under | 11 | | Title III of this Act to
the generator of the vegetable | 12 | | by-products. In addition, vegetable by-products
may be | 13 | | transported in this State without a special waste hauling | 14 | | permit, and
without the preparation and carrying of a manifest.
| 15 | | (v) (Blank).
| 16 | | (w) Conduct any generation, transportation, or recycling | 17 | | of construction or
demolition debris, clean or general, or | 18 | | uncontaminated soil generated during
construction, remodeling, | 19 | | repair, and demolition of utilities, structures, and
roads that | 20 | | is not commingled with any waste, without the maintenance of
| 21 | | documentation identifying the hauler, generator, place of | 22 | | origin of the debris
or soil, the weight or volume of the | 23 | | debris or soil, and the location, owner,
and operator of the | 24 | | facility where the debris or soil was transferred,
disposed, | 25 | | recycled, or treated. This documentation must be maintained by | 26 | | the
generator, transporter, or recycler for 3 years.
This |
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| 1 | | subsection (w) shall not apply to (1) a permitted pollution | 2 | | control
facility that transfers or accepts construction or | 3 | | demolition debris,
clean or general, or uncontaminated soil for | 4 | | final disposal, recycling, or
treatment, (2) a public utility | 5 | | (as that term is defined in the Public
Utilities Act) or a | 6 | | municipal utility, (3) the Illinois Department of
| 7 | | Transportation, or (4) a municipality or a county highway | 8 | | department, with
the exception of any municipality or county | 9 | | highway department located within a
county having a population | 10 | | of over 3,000,000 inhabitants or located in a county
that
is | 11 | | contiguous to a county having a population of over 3,000,000 | 12 | | inhabitants;
but it shall apply to an entity that contracts | 13 | | with a public utility, a
municipal utility, the Illinois | 14 | | Department of Transportation, or a
municipality or a county | 15 | | highway department.
The terms
"generation" and "recycling" as
| 16 | | used in this subsection do not
apply to clean construction or | 17 | | demolition debris
when (i) used as fill material below grade | 18 | | outside of a setback zone
if covered by sufficient | 19 | | uncontaminated soil to support vegetation within 30
days of the | 20 | | completion of filling or if covered by a road or structure, | 21 | | (ii)
solely broken concrete without
protruding metal bars is | 22 | | used for erosion control, or (iii) milled
asphalt or crushed | 23 | | concrete is used as aggregate in construction of the
shoulder | 24 | | of a roadway. The terms "generation" and "recycling", as used | 25 | | in this
subsection, do not apply to uncontaminated soil
that is | 26 | | not commingled with any waste when (i) used as fill material |
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| 1 | | below
grade or contoured to grade, or (ii) used at the site of | 2 | | generation.
| 3 | | (Source: P.A. 96-611, eff. 8-24-09.)
| 4 | | (415 ILCS 5/22.54) | 5 | | Sec. 22.54. Beneficial Use Determinations. The purpose of | 6 | | this Section is to allow the Agency to determine that a | 7 | | material otherwise required to be managed as waste may be | 8 | | managed as non-waste if that material is used beneficially and | 9 | | in a manner that is protective of human health and the | 10 | | environment. | 11 | | (a) To the extent allowed by federal law, the Agency may, | 12 | | upon the request of an applicant, make a written determination | 13 | | that a material is used beneficially (rather than discarded) | 14 | | and, therefore, not a waste if the applicant demonstrates all | 15 | | of the following: | 16 | | (1) The chemical and physical properties of the | 17 | | material are comparable to similar commercially available | 18 | | materials. | 19 | | (2) The market demand for the material is such that all | 20 | | of the following requirements are met: | 21 | | (A) The material will be used within a reasonable | 22 | | time. | 23 | | (B) The material's storage prior to use will be | 24 | | minimized. | 25 | | (C) The material will not be abandoned. |
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| 1 | | (3) The material is legitimately beneficially used. | 2 | | For the purposes of this item (3) of subsection (a) of this | 3 | | Section, a material is "legitimately beneficially used" if | 4 | | the applicant demonstrates all of the following: | 5 | | (A) The material is managed separately from waste, | 6 | | as a valuable material, and in a manner that maintains | 7 | | its beneficial usefulness, including, but not limited | 8 | | to, storing in a manner that minimizes the material's | 9 | | loss and maintains its beneficial usefulness. | 10 | | (B) The material is used as an effective substitute | 11 | | for a similar commercially available material. For the | 12 | | purposes of this paragraph (B) of item (3) of | 13 | | subsection (a) of this Section, a material is "used as | 14 | | an effective substitute for a commercially available | 15 | | material" if the applicant demonstrates one or more of | 16 | | the following: | 17 | | (i) The material is used as a valuable raw | 18 | | material or ingredient to produce a legitimate end | 19 | | product. | 20 | | (ii) The material is used directly as a | 21 | | legitimate end product in place of a similar | 22 | | commercially available product. | 23 | | (iii) The material replaces a catalyst or | 24 | | carrier to produce a legitimate end product. | 25 | | The applicant's demonstration under this paragraph | 26 | | (B) of item (3) of subsection (a) of this Section must |
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| 1 | | include, but is not limited to, a description of the | 2 | | use of the material, a description of the use of the | 3 | | legitimate end product, and a demonstration that the | 4 | | use of the material is comparable to the use of similar | 5 | | commercially available products. | 6 | | (C) The applicant demonstrates all of the | 7 | | following: | 8 | | (i) The material is used under paragraph (B) of | 9 | | item (3) of subsection (a) of this Section within a | 10 | | reasonable time. | 11 | | (ii) The material's storage prior to use is | 12 | | minimized. | 13 | | (iii) The material is not abandoned. | 14 | | (4) The management and use of the material will not | 15 | | cause, threaten, or allow the release of any contaminant | 16 | | into the environment, except as authorized by law. | 17 | | (5) The management and use of the material otherwise | 18 | | protects human health and safety and the environment. | 19 | | (b) Applications for beneficial use determinations must be | 20 | | submitted on forms and in a format prescribed by the Agency. | 21 | | Agency approval, approval with conditions, or disapproval of an | 22 | | application for a beneficial use determination must be in | 23 | | writing. Approvals with conditions and disapprovals of | 24 | | applications for a beneficial use determination must include | 25 | | the Agency's reasons for the conditions or disapproval, and | 26 | | they are subject to review under Section 40 of this Act. |
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| 1 | | (c) Beneficial use determinations shall be effective for a | 2 | | period approved by the Agency, but that period may not exceed 5 | 3 | | years. Material that is beneficially used (i) in accordance | 4 | | with a beneficial use determination, (ii) during the effective | 5 | | period of the beneficial use determination, and (iii) by the | 6 | | recipient of a beneficial use determination shall maintain its | 7 | | non-waste status after the effective period of the beneficial | 8 | | use determination unless its use no longer complies with the | 9 | | terms of the beneficial use determination or the material | 10 | | otherwise becomes waste. | 11 | | (d) No recipient of a beneficial use determination shall | 12 | | manage or use the material that is the subject of the | 13 | | determination in violation of the determination or any | 14 | | conditions in the determination, unless the material is managed | 15 | | as waste. | 16 | | (e) A beneficial use determination shall terminate by | 17 | | operation of law if, due to a change in law, it conflicts with | 18 | | the law; however, the recipient of the determination may apply | 19 | | for a new beneficial use determination that is consistent with | 20 | | the law as amended. | 21 | | (e-5) The Agency must maintain on its Internet website an | 22 | | up-to-date roster of the shingle recycling facilities that | 23 | | comply with the operational guidelines and asbestos-testing | 24 | | requirements that the Agency has adopted in accordance with | 25 | | this Section, and the roster must, at a minimum, contain the | 26 | | name, address, and telephone number for each of those |
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| 1 | | facilities. | 2 | | (f) This Section does not apply to hazardous waste, coal | 3 | | combustion waste, coal combustion by-product, sludge applied | 4 | | to the land, potentially infectious medical waste, or used oil. | 5 | | (g) This Section does not apply to material that is burned | 6 | | for energy recovery, that is used to produce a fuel, or that is | 7 | | otherwise contained in a fuel. | 8 | | (h) This Section does not apply to waste from the steel and | 9 | | foundry industries that is (i) classified as beneficially | 10 | | usable waste under Board rules and (ii) beneficially used in | 11 | | accordance with Board rules governing the management of | 12 | | beneficially usable waste from the steel and foundry | 13 | | industries. This Section does apply to other beneficial uses of | 14 | | waste from the steel and foundry industries, including, but not | 15 | | limited to, waste that is classified as beneficially usable | 16 | | waste but not used in accordance with the Board's rules | 17 | | governing the management of beneficially usable waste from the | 18 | | steel and foundry industries. No person shall use iron slags, | 19 | | steelmaking slags, or foundry sands for land reclamation | 20 | | purposes unless they have obtained a beneficial use | 21 | | determination for such use under this Section. | 22 | | (i) For purposes of this Section, the term "commercially | 23 | | available material" means virgin material that (i) meets | 24 | | industry standards for a specific use and (ii) is normally sold | 25 | | for such use. For purposes of this Section, the term | 26 | | "commercially available product" means a product made of virgin |
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| 1 | | material that (i) meets industry standards for a specific use | 2 | | and (ii) is normally sold for such use.
| 3 | | (Source: P.A. 96-489, eff. 8-14-09.) | 4 | | Section 10. The Illinois Highway Code is amended by adding | 5 | | Section 4-221 as follows: | 6 | | (605 ILCS 5/4-221 new) | 7 | | Sec. 4-221. Mix designs; recycled asphalt shingles. To the | 8 | | extent allowed by federal law, the Department shall use | 9 | | recycled asphalt shingles from recycling facilities that are | 10 | | approved by the Illinois Environmental Protection Agency and | 11 | | that are in compliance with the operational guidelines and | 12 | | asbestos-testing requirements set forth by the Agency under | 13 | | Section 22.54 of the Environmental Protection Act in | 14 | | constructing and maintaining State highways. In creating the | 15 | | mix designs used for construction and maintenance of State | 16 | | highways, it shall be the goal of the Department, through its | 17 | | specifications, to meet or exceed the maximum percentage of | 18 | | recycled asphalt shingle and binder replacement allowed under | 19 | | Illinois State Toll Highway Authority specifications and to | 20 | | maximize the use of recycled aggregates and other constituents | 21 | | in the mix.
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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