Full Text of HB1326 97th General Assembly
HB1326ham004 97TH GENERAL ASSEMBLY | Rep. Daniel V. Beiser Filed: 3/14/2011
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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 3.160 and 22.54 as follows: | 6 | | (415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a) | 7 | | Sec. 3.160. Construction or demolition debris. | 8 | | (a) "General construction or demolition debris" means | 9 | | non-hazardous,
uncontaminated materials resulting from the | 10 | | construction, remodeling, repair,
and demolition of utilities, | 11 | | structures, and roads, limited to the following:
bricks, | 12 | | concrete, and other masonry materials; soil; rock; wood, | 13 | | including
non-hazardous painted, treated, and coated wood and | 14 | | wood products; wall
coverings; plaster; drywall; plumbing | 15 | | fixtures; non-asbestos insulation;
asphalt roofing shingles | 16 | | and other roof coverings; reclaimed or other asphalt pavement; |
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| 1 | | glass;
plastics that are not sealed in a manner that conceals | 2 | | waste; electrical
wiring and components containing no | 3 | | hazardous substances; and corrugated cardboard, piping or | 4 | | metals
incidental to any of those materials. | 5 | | General construction or demolition debris does not include | 6 | | uncontaminated
soil generated during construction, remodeling, | 7 | | repair, and demolition of
utilities, structures, and roads | 8 | | provided the uncontaminated soil is not
commingled with any | 9 | | general construction or demolition debris or other waste. | 10 | | To the extent allowed by federal law, uncontaminated | 11 | | concrete with protruding rebar shall be considered clean | 12 | | construction or demolition debris and shall not be considered | 13 | | "waste" if it is separated or processed and returned to the | 14 | | economic mainstream in the form of raw materials or products | 15 | | within 4 years of its generation, if it is not speculatively | 16 | | accumulated and, if used as a fill material, it is used in | 17 | | accordance with item (i) in subsection (b) of this Section.
| 18 | | (b) "Clean construction or demolition debris" means
| 19 | | uncontaminated broken concrete without protruding metal bars, | 20 | | bricks, rock,
stone, reclaimed or other asphalt pavement, or | 21 | | soil generated from construction or
demolition activities. | 22 | | Clean construction or demolition debris does not include | 23 | | uncontaminated soil
generated during construction, remodeling, | 24 | | repair, and demolition of utilities,
structures, and roads | 25 | | provided the uncontaminated soil is not commingled with
any | 26 | | clean construction or demolition debris or other waste. |
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| 1 | | To the extent allowed by federal law, clean construction or | 2 | | demolition debris
shall not be considered "waste" if it is (i) | 3 | | used as fill material outside of a setback zone if the fill is | 4 | | placed no higher than the
highest point of elevation existing | 5 | | prior to the filling immediately adjacent
to the fill area, and | 6 | | if covered by sufficient uncontaminated soil to
support | 7 | | vegetation within 30 days of the completion of filling or if | 8 | | covered
by a road or structure, and, if used as fill material | 9 | | in a current or former quarry, mine, or other excavation, is | 10 | | used in accordance with the requirements of Section 22.51 of | 11 | | this Act and the rules adopted thereunder or (ii) separated or | 12 | | processed and returned to the
economic mainstream in the form | 13 | | of raw materials or products, if it is not
speculatively | 14 | | accumulated and, if used as a fill material, it is used in
| 15 | | accordance with item (i), or (iii) solely
broken concrete | 16 | | without protruding metal bars used for erosion control, or
(iv) | 17 | | generated from the construction or demolition of a building, | 18 | | road, or
other structure and used to construct, on the site | 19 | | where the construction or
demolition has taken place, a manmade
| 20 | | functional structure not to exceed 20 feet above the highest | 21 | | point of
elevation of the property immediately adjacent to the | 22 | | new manmade functional
structure as that elevation existed | 23 | | prior to the creation of that new
structure,
provided that the | 24 | | structure shall be covered with sufficient soil
materials to | 25 | | sustain vegetation or by a road or structure, and further
| 26 | | provided that no such structure shall be constructed within
a |
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| 1 | | home rule municipality with a population over 500,000 without | 2 | | the consent
of the municipality.
| 3 | | For purposes of this subsection (b), reclaimed or other | 4 | | asphalt pavement shall not be considered speculatively | 5 | | accumulated if: (i) it is not commingled with any other clean | 6 | | construction or demolition debris or any waste; (ii) it is | 7 | | returned to the economic mainstream in the form of raw | 8 | | materials or products within 4 years after its generation; | 9 | | (iii) at least 25% of the total amount present at a site during | 10 | | a calendar year is transported off of the site during the next | 11 | | calendar year; and (iv) if used as a fill material, it is used | 12 | | in accordance with item (i) of the second paragraph of this | 13 | | subsection (b).
| 14 | | (c) For purposes of this Section, the term "uncontaminated | 15 | | soil" means soil that does not contain contaminants in | 16 | | concentrations that pose a threat to human health and safety | 17 | | and the environment. | 18 | | (1) No later than one year after the effective date of | 19 | | this amendatory Act of the 96th General Assembly, the | 20 | | Agency shall propose, and, no later than one year after | 21 | | receipt of the Agency's proposal, the Board shall adopt, | 22 | | rules specifying the maximum concentrations of | 23 | | contaminants that may be present in uncontaminated soil for | 24 | | purposes of this Section. For carcinogens, the maximum | 25 | | concentrations shall not allow exposure to exceed an excess | 26 | | upper-bound lifetime risk of 1 in 1,000,000; provided that |
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| 1 | | the Board may consider allowing benzo(a)pyrene up to the | 2 | | applicable background concentration set forth in Table H of | 3 | | Appendix A of 35 Ill. Adm. Code 742 in soil used as fill | 4 | | material in a current or former quarry, mine, or other | 5 | | excavation in accordance with Section 22.51 or 22.51a of | 6 | | this Act and rules adopted under those Sections, so long as | 7 | | the applicable background concentration is based upon the | 8 | | location of the quarry, mine, or other excavation. | 9 | | (2) To the extent allowed under federal law and | 10 | | regulations, uncontaminated soil shall not be considered a | 11 | | waste. | 12 | | (Source: P.A. 95-121, eff. 8-13-07; 96-235, eff. 8-11-09; | 13 | | 96-1416, eff. 7-30-10.) | 14 | | (415 ILCS 5/22.54) | 15 | | Sec. 22.54. Beneficial Use Determinations. The purpose of | 16 | | this Section is to allow the Agency to determine that a | 17 | | material otherwise required to be managed as waste may be | 18 | | managed as non-waste if that material is used beneficially and | 19 | | in a manner that is protective of human health and the | 20 | | environment. | 21 | | (a) To the extent allowed by federal law, the Agency may, | 22 | | upon the request of an applicant, make a written determination | 23 | | that a material is used beneficially (rather than discarded) | 24 | | and, therefore, not a waste if the applicant demonstrates all | 25 | | of the following: |
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| 1 | | (1) The chemical and physical properties of the | 2 | | material are comparable to similar commercially available | 3 | | materials. | 4 | | (2) The market demand for the material is such that all | 5 | | of the following requirements are met: | 6 | | (A) The material will be used within a reasonable | 7 | | time. | 8 | | (B) The material's storage prior to use will be | 9 | | minimized. | 10 | | (C) The material will not be abandoned. | 11 | | (3) The material is legitimately beneficially used. | 12 | | For the purposes of this item (3) of subsection (a) of this | 13 | | Section, a material is "legitimately beneficially used" if | 14 | | the applicant demonstrates all of the following: | 15 | | (A) The material is managed separately from waste, | 16 | | as a valuable material, and in a manner that maintains | 17 | | its beneficial usefulness, including, but not limited | 18 | | to, storing in a manner that minimizes the material's | 19 | | loss and maintains its beneficial usefulness. | 20 | | (B) The material is used as an effective substitute | 21 | | for a similar commercially available material. For the | 22 | | purposes of this paragraph (B) of item (3) of | 23 | | subsection (a) of this Section, a material is "used as | 24 | | an effective substitute for a commercially available | 25 | | material" if the applicant demonstrates one or more of | 26 | | the following: |
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| 1 | | (i) The material is used as a valuable raw | 2 | | material or ingredient to produce a legitimate end | 3 | | product. | 4 | | (ii) The material is used directly as a | 5 | | legitimate end product in place of a similar | 6 | | commercially available product. | 7 | | (iii) The material replaces a catalyst or | 8 | | carrier to produce a legitimate end product. | 9 | | The applicant's demonstration under this paragraph | 10 | | (B) of item (3) of subsection (a) of this Section must | 11 | | include, but is not limited to, a description of the | 12 | | use of the material, a description of the use of the | 13 | | legitimate end product, and a demonstration that the | 14 | | use of the material is comparable to the use of similar | 15 | | commercially available products. | 16 | | (C) The applicant demonstrates all of the | 17 | | following: | 18 | | (i) The material is used under paragraph (B) of | 19 | | item (3) of subsection (a) of this Section within a | 20 | | reasonable time. | 21 | | (ii) The material's storage prior to use is | 22 | | minimized. | 23 | | (iii) The material is not abandoned. | 24 | | (4) The management and use of the material will not | 25 | | cause, threaten, or allow the release of any contaminant | 26 | | into the environment, except as authorized by law. |
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| 1 | | (5) The management and use of the material otherwise | 2 | | protects human health and safety and the environment. | 3 | | (b) Applications for beneficial use determinations must be | 4 | | submitted on forms and in a format prescribed by the Agency. | 5 | | Agency approval, approval with conditions, or disapproval of an | 6 | | application for a beneficial use determination must be in | 7 | | writing. Approvals with conditions and disapprovals of | 8 | | applications for a beneficial use determination must include | 9 | | the Agency's reasons for the conditions or disapproval, and | 10 | | they are subject to review under Section 40 of this Act. | 11 | | (c) Beneficial use determinations shall be effective for a | 12 | | period approved by the Agency, but that period may not exceed 5 | 13 | | years. Material that is beneficially used (i) in accordance | 14 | | with a beneficial use determination, (ii) during the effective | 15 | | period of the beneficial use determination, and (iii) by the | 16 | | recipient of a beneficial use determination shall maintain its | 17 | | non-waste status after the effective period of the beneficial | 18 | | use determination unless its use no longer complies with the | 19 | | terms of the beneficial use determination or the material | 20 | | otherwise becomes waste. | 21 | | (d) No recipient of a beneficial use determination shall | 22 | | manage or use the material that is the subject of the | 23 | | determination in violation of the determination or any | 24 | | conditions in the determination, unless the material is managed | 25 | | as waste. | 26 | | (e) A beneficial use determination shall terminate by |
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| 1 | | operation of law if, due to a change in law, it conflicts with | 2 | | the law; however, the recipient of the determination may apply | 3 | | for a new beneficial use determination that is consistent with | 4 | | the law as amended. | 5 | | (f) This Section does not apply to hazardous waste, coal | 6 | | combustion waste, coal combustion by-product, sludge applied | 7 | | to the land, potentially infectious medical waste, or used oil. | 8 | | (g) This Section does not apply to material that is burned | 9 | | for energy recovery, that is used to produce a fuel, or that is | 10 | | otherwise contained in a fuel. | 11 | | (h) This Section does not apply to waste from the steel and | 12 | | foundry industries that is (i) classified as beneficially | 13 | | usable waste under Board rules and (ii) beneficially used in | 14 | | accordance with Board rules governing the management of | 15 | | beneficially usable waste from the steel and foundry | 16 | | industries. This Section does apply to other beneficial uses of | 17 | | waste from the steel and foundry industries, including, but not | 18 | | limited to, waste that is classified as beneficially usable | 19 | | waste but not used in accordance with the Board's rules | 20 | | governing the management of beneficially usable waste from the | 21 | | steel and foundry industries. No person shall use iron slags, | 22 | | steelmaking slags, or foundry sands for land reclamation | 23 | | purposes unless they have obtained a beneficial use | 24 | | determination for such use under this Section. | 25 | | (i) For purposes of this Section, the term "commercially | 26 | | available material" means virgin material that (i) meets |
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| 1 | | industry standards for a specific use and (ii) is normally sold | 2 | | for such use. For purposes of this Section, the term | 3 | | "commercially available product" means a product made of virgin | 4 | | material that (i) meets industry standards for a specific use | 5 | | and (ii) is normally sold for such use.
| 6 | | (j) The owner or operator of a facility operating in | 7 | | accordance with Section 22.38 shall receive, for each ton of | 8 | | asphalt roofing shingles deposited on his or her behalf at a | 9 | | recycling facility approved by the Agency under this Section, | 10 | | credit for 2 tons of recyclable general construction debris, | 11 | | which may be applied toward the 75% diversion requirement under | 12 | | Section 22.38. The owners and operators of a facility operating | 13 | | in accordance with Section 22.38 are responsible for | 14 | | maintaining records that are generated by a recycling facility | 15 | | and that identify the tonnage of asphalt roofing shingles | 16 | | deposited at the facility. All records maintained pursuant to | 17 | | this Section shall be kept for a minimum of 3 years and shall | 18 | | be subject to inspection by the Agency upon reasonable request. | 19 | | (Source: P.A. 96-489, eff. 8-14-09.) | 20 | | Section 10. The Illinois Highway Code is amended by adding | 21 | | Sections 4-221 and 4-222 as follows: | 22 | | (605 ILCS 5/4-221 new) | 23 | | Sec. 4-221. Mix designs. To the extent allowed by federal | 24 | | law, the Department specifications shall allow the use of |
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| 1 | | recycled asphalt roofing shingles received from facilities | 2 | | authorized to process asphalt roofing shingles for recycling | 3 | | into asphalt pavement in accordance with (i) permits issued | 4 | | pursuant to Section 39 of the Environmental Protection Act or | 5 | | (ii) beneficial use determinations issued pursuant to Section | 6 | | 22.54 of the Environmental Protection Act. In creating the mix | 7 | | designs used for construction and maintenance of State | 8 | | highways, it shall be the goal of the Department, through its | 9 | | specifications, to maximize the percentage of recycled asphalt | 10 | | roofing shingles and binder replacement and to maximize the use | 11 | | of recycled aggregates and other constituents in the mix. | 12 | | (605 ILCS 5/4-222 new) | 13 | | Sec. 4-222. Recycled asphalt roofing shingles; cost | 14 | | savings; prohibitions on use in asphalt paving. | 15 | | (a) It shall be the goal of the Department, with regard to | 16 | | its asphalt paving projects and to the extent possible, to | 17 | | reduce the carbon footprint and reduce average costs by | 18 | | maximizing the percentage use of recycled materials or lowest | 19 | | cost alternative materials and extending the paving season so | 20 | | long as there is no detrimental impact on life-cycle costs. In | 21 | | furtherance of these goals, the Department shall provide to the | 22 | | Chairpersons of the Transportation Committee in each | 23 | | legislative chamber, within 60 days after the completion of | 24 | | each fiscal year, a written report of the activities initiated | 25 | | or abandoned in each district or region within the Department |
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| 1 | | to meet those goals during the previous year. The report shall | 2 | | also include an analysis of the cost savings directly or | 3 | | indirectly attributed to those activities within each district | 4 | | or region. Upon review of the annual report, the Transportation | 5 | | Committees in each chamber may conduct hearings and provide | 6 | | recommendations to the Department regarding the performance of | 7 | | each district or region. | 8 | | (b) No producer of asphalt pavement, operating pursuant to | 9 | | an air permit issued by the Illinois Environmental Protection | 10 | | Agency, shall use recycled asphalt roofing shingles in its | 11 | | pavement product unless the shingles have been processed for | 12 | | recycling into asphalt pavement in accordance with (i) permits | 13 | | issued pursuant to subsection (d) of Section 21 of the | 14 | | Environmental Protection Act or (ii) beneficial use | 15 | | determinations issued pursuant to Section 22.54 of the | 16 | | Environmental Protection Act. The prohibition in this | 17 | | subsection (b) shall apply in addition to any other rules, | 18 | | specifications, or other requirements adopted by the | 19 | | Department regarding the use of asphalt roofing shingles in | 20 | | pavement product. ".
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