Full Text of HB1326 97th General Assembly
HB1326ham003 97TH GENERAL ASSEMBLY | Rep. Daniel V. Beiser Filed: 3/8/2011
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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 Sections 22.6 and 22.54 as follows:
| 6 | | (415 ILCS 5/22.6) (from Ch. 111 1/2, par. 1022.6)
| 7 | | Sec. 22.6.
(a) Commencing July 1, 1984, no person shall | 8 | | cause, threaten
or allow the disposal in any landfill of any | 9 | | liquid hazardous waste unless
specific authorization is | 10 | | obtained from the Agency by the generator and the
landfill | 11 | | owner and operator for the land disposal of that specific waste | 12 | | stream.
| 13 | | (b) The Board shall have the authority to adopt regulations | 14 | | which
prohibit or set limitations on the type, amount and form | 15 | | of liquid hazardous
wastes that may be disposed of in landfills | 16 | | based on the availability of
technically feasible and |
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| 1 | | economically reasonable alternatives to land disposal.
| 2 | | (c) The Agency may grant specific authorization for the | 3 | | land disposal
of liquid hazardous wastes only after the | 4 | | generator has reasonably demonstrated
that, considering | 5 | | current technological feasibility and economic reasonableness,
| 6 | | the hazardous waste cannot be reasonably solidified, | 7 | | stabilized, or recycled
for reuse, nor incinerated or | 8 | | chemically, physically or biologically treated
so as to | 9 | | neutralize the hazardous waste and render it nonhazardous, and
| 10 | | that land disposal is not prohibited or limited by Board | 11 | | regulations. In
granting authorization under this Section, the | 12 | | Agency may impose such
conditions as may be necessary to | 13 | | accomplish the purposes of this Act and
which are consistent | 14 | | with Board regulations. If the Agency refuses to
grant | 15 | | authorization under this Section, the applicant may appeal as | 16 | | if the
Agency refused to grant a permit pursuant to the | 17 | | provisions of subsection
(a) of Section 40 of this Act.
| 18 | | (c-5) Beginning on March 1, 2012, if 2 or more shingle | 19 | | recycling facilities, as approved by the Agency pursuant to | 20 | | Section 22.54, are located within a 30-mile radius of a | 21 | | landfill, a person may not deposit commercially viable, | 22 | | recyclable asphalt roofing shingles in that landfill. | 23 | | A producer of asphalt pavement operating pursuant to an air | 24 | | permit issued by the Agency may not use recycled asphalt | 25 | | shingles in its pavement product unless, before being | 26 | | introduced into the production process, the shingles have been |
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| 1 | | subjected to the asbestos testing standards and operational | 2 | | guidelines and requirements set forth by the Agency in | 3 | | accordance with Section 22.54. | 4 | | (d) For purposes of this Section, the term "landfill" means | 5 | | a disposal
facility or part of a facility where hazardous waste | 6 | | is placed in or on
land and which is not a land treatment | 7 | | facility, a surface impoundment or
an underground injection | 8 | | well.
| 9 | | (Source: P.A. 83-1078.)
| 10 | | (415 ILCS 5/22.54) | 11 | | Sec. 22.54. Beneficial Use Determinations. The purpose of | 12 | | this Section is to allow the Agency to determine that a | 13 | | material otherwise required to be managed as waste may be | 14 | | managed as non-waste if that material is used beneficially and | 15 | | in a manner that is protective of human health and the | 16 | | environment. | 17 | | (a) To the extent allowed by federal law, the Agency may, | 18 | | upon the request of an applicant, make a written determination | 19 | | that a material is used beneficially (rather than discarded) | 20 | | and, therefore, not a waste if the applicant demonstrates all | 21 | | of the following: | 22 | | (1) The chemical and physical properties of the | 23 | | material are comparable to similar commercially available | 24 | | materials. | 25 | | (2) The market demand for the material is such that all |
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| 1 | | of the following requirements are met: | 2 | | (A) The material will be used within a reasonable | 3 | | time. | 4 | | (B) The material's storage prior to use will be | 5 | | minimized. | 6 | | (C) The material will not be abandoned. | 7 | | (3) The material is legitimately beneficially used. | 8 | | For the purposes of this item (3) of subsection (a) of this | 9 | | Section, a material is "legitimately beneficially used" if | 10 | | the applicant demonstrates all of the following: | 11 | | (A) The material is managed separately from waste, | 12 | | as a valuable material, and in a manner that maintains | 13 | | its beneficial usefulness, including, but not limited | 14 | | to, storing in a manner that minimizes the material's | 15 | | loss and maintains its beneficial usefulness. | 16 | | (B) The material is used as an effective substitute | 17 | | for a similar commercially available material. For the | 18 | | purposes of this paragraph (B) of item (3) of | 19 | | subsection (a) of this Section, a material is "used as | 20 | | an effective substitute for a commercially available | 21 | | material" if the applicant demonstrates one or more of | 22 | | the following: | 23 | | (i) The material is used as a valuable raw | 24 | | material or ingredient to produce a legitimate end | 25 | | product. | 26 | | (ii) The material is used directly as a |
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| 1 | | legitimate end product in place of a similar | 2 | | commercially available product. | 3 | | (iii) The material replaces a catalyst or | 4 | | carrier to produce a legitimate end product. | 5 | | The applicant's demonstration under this paragraph | 6 | | (B) of item (3) of subsection (a) of this Section must | 7 | | include, but is not limited to, a description of the | 8 | | use of the material, a description of the use of the | 9 | | legitimate end product, and a demonstration that the | 10 | | use of the material is comparable to the use of similar | 11 | | commercially available products. | 12 | | (C) The applicant demonstrates all of the | 13 | | following: | 14 | | (i) The material is used under paragraph (B) of | 15 | | item (3) of subsection (a) of this Section within a | 16 | | reasonable time. | 17 | | (ii) The material's storage prior to use is | 18 | | minimized. | 19 | | (iii) The material is not abandoned. | 20 | | (4) The management and use of the material will not | 21 | | cause, threaten, or allow the release of any contaminant | 22 | | into the environment, except as authorized by law. | 23 | | (5) The management and use of the material otherwise | 24 | | protects human health and safety and the environment. | 25 | | (b) Applications for beneficial use determinations must be | 26 | | submitted on forms and in a format prescribed by the Agency. |
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| 1 | | Agency approval, approval with conditions, or disapproval of an | 2 | | application for a beneficial use determination must be in | 3 | | writing. Approvals with conditions and disapprovals of | 4 | | applications for a beneficial use determination must include | 5 | | the Agency's reasons for the conditions or disapproval, and | 6 | | they are subject to review under Section 40 of this Act. | 7 | | (c) Beneficial use determinations shall be effective for a | 8 | | period approved by the Agency, but that period may not exceed 5 | 9 | | years. Material that is beneficially used (i) in accordance | 10 | | with a beneficial use determination, (ii) during the effective | 11 | | period of the beneficial use determination, and (iii) by the | 12 | | recipient of a beneficial use determination shall maintain its | 13 | | non-waste status after the effective period of the beneficial | 14 | | use determination unless its use no longer complies with the | 15 | | terms of the beneficial use determination or the material | 16 | | otherwise becomes waste. | 17 | | (d) No recipient of a beneficial use determination shall | 18 | | manage or use the material that is the subject of the | 19 | | determination in violation of the determination or any | 20 | | conditions in the determination, unless the material is managed | 21 | | as waste. | 22 | | (e) A beneficial use determination shall terminate by | 23 | | operation of law if, due to a change in law, it conflicts with | 24 | | the law; however, the recipient of the determination may apply | 25 | | for a new beneficial use determination that is consistent with | 26 | | the law as amended. |
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| 1 | | (f) This Section does not apply to hazardous waste, coal | 2 | | combustion waste, coal combustion by-product, sludge applied | 3 | | to the land, potentially infectious medical waste, or used oil. | 4 | | (g) This Section does not apply to material that is burned | 5 | | for energy recovery, that is used to produce a fuel, or that is | 6 | | otherwise contained in a fuel. | 7 | | (h) This Section does not apply to waste from the steel and | 8 | | foundry industries that is (i) classified as beneficially | 9 | | usable waste under Board rules and (ii) beneficially used in | 10 | | accordance with Board rules governing the management of | 11 | | beneficially usable waste from the steel and foundry | 12 | | industries. This Section does apply to other beneficial uses of | 13 | | waste from the steel and foundry industries, including, but not | 14 | | limited to, waste that is classified as beneficially usable | 15 | | waste but not used in accordance with the Board's rules | 16 | | governing the management of beneficially usable waste from the | 17 | | steel and foundry industries. No person shall use iron slags, | 18 | | steelmaking slags, or foundry sands for land reclamation | 19 | | purposes unless they have obtained a beneficial use | 20 | | determination for such use under this Section. | 21 | | (i) For purposes of this Section, the term "commercially | 22 | | available material" means virgin material that (i) meets | 23 | | industry standards for a specific use and (ii) is normally sold | 24 | | for such use. For purposes of this Section, the term | 25 | | "commercially available product" means a product made of virgin | 26 | | material that (i) meets industry standards for a specific use |
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| 1 | | and (ii) is normally sold for such use.
| 2 | | (j) The owner or operator of a facility operating in | 3 | | accordance with Section 22.38 shall receive, for each ton of | 4 | | asphalt roofing shingles deposited on his or her behalf at a | 5 | | recycling facility approved by the Agency under this Section, | 6 | | credit for 2 tons of recyclable general construction debris, | 7 | | which may be applied toward the 75% diversion requirement under | 8 | | Section 22.38. The owners and operators of a facility operating | 9 | | in accordance with Section 22.38 are responsible for | 10 | | maintaining records that are generated by a recycling facility | 11 | | and that identify the tonnage of asphalt roofing shingles | 12 | | deposited at the facility. All records maintained pursuant to | 13 | | this Section shall be kept for a minimum of 3 years and shall | 14 | | be subject to inspection by the Agency upon reasonable request. | 15 | | (Source: P.A. 96-489, eff. 8-14-09.) | 16 | | Section 10. The Illinois Highway Code is amended by adding | 17 | | Sections 4-221 and 4-222 as follows: | 18 | | (605 ILCS 5/4-221 new) | 19 | | Sec. 4-221. Mix designs; recycled asphalt shingles. To the | 20 | | extent allowed by federal law, the Department's specifications | 21 | | shall allow the use of recycled asphalt shingles from recycling | 22 | | facilities that are approved by the Illinois Environmental | 23 | | Protection Agency and that are in compliance with the | 24 | | operational guidelines and asbestos-testing requirements set |
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| 1 | | forth by the Agency under Section 22.54 of the Environmental | 2 | | Protection Act in mix designs used for the construction and | 3 | | maintenance of State Highways. It shall be the goal of the | 4 | | Department, through its specifications, to meet or exceed the | 5 | | maximum percentage of recycled asphalt shingles and binder | 6 | | replacement allowed under Illinois State Toll Highway | 7 | | Authority specifications and to maximize the percentage use of | 8 | | recycled materials or lowest cost alternatives in the mix so | 9 | | long as there is no detrimental impact on life-cycle costs. | 10 | | (605 ILCS 5/4-222 new) | 11 | | Sec. 4-222. Cost savings. It shall be the goal of the | 12 | | Department, with regard to its asphalt paving projects and to | 13 | | the extent possible, to reduce the carbon footprint and average | 14 | | costs by maximizing the percentage use of recycled materials or | 15 | | lowest cost alternative materials and extending the paving | 16 | | season so long as there is no detrimental impact on life-cycle | 17 | | costs. In furtherance of these goals, the Regional Engineer | 18 | | from each district or region within the Department shall | 19 | | provide to the Chairperson of the Transportation Committee in | 20 | | the House of Representatives and the Chairpersons of the | 21 | | Transportation and Motor Vehicles Committee and the | 22 | | Transportation, Regulation, Roads, and Bridges Committee in | 23 | | the Senate, within 60 days after the completion of each fiscal | 24 | | year, a written report of the activities initiated or abandoned | 25 | | in that district or region to meet the aforementioned goals |
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| 1 | | during the previous year. The report shall also include an | 2 | | analysis of the cost savings directly or indirectly attributed | 3 | | to those activities within the district or region. Upon review | 4 | | of the annual report, those committees may conduct hearings and | 5 | | provide recommendations to any Regional Engineer regarding the | 6 | | performance of each district or region. ".
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