Full Text of SB1925 98th General Assembly
SB1925sam001 98TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 3/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1925
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1925 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "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 purpose of | 8 | | 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 |
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| 1 | | of the following: | 2 | | (1) The chemical and physical properties of the | 3 | | material are comparable to similar commercially available | 4 | | materials. | 5 | | (2) The market demand for the material is such that all | 6 | | of the following requirements are met: | 7 | | (A) The material will be used within a reasonable | 8 | | time. | 9 | | (B) The material's storage prior to use will be | 10 | | minimized. | 11 | | (C) The material will not be abandoned. | 12 | | (3) The material is legitimately beneficially used. | 13 | | For the purposes of this item (3) of subsection (a) of this | 14 | | Section, a material is "legitimately beneficially used" if | 15 | | the applicant demonstrates all of the following: | 16 | | (A) The material is managed separately from waste, | 17 | | as a valuable material, and in a manner that maintains | 18 | | its beneficial usefulness, including, but not limited | 19 | | to, storing in a manner that minimizes the material's | 20 | | loss and maintains its beneficial usefulness. | 21 | | (B) The material is used as an effective substitute | 22 | | for a similar commercially available material. For the | 23 | | purposes of this paragraph (B) of item (3) of | 24 | | subsection (a) of this Section, a material is "used as | 25 | | an effective substitute for a commercially available | 26 | | material" if the applicant demonstrates one or more of |
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| 1 | | the following: | 2 | | (i) The material is used as a valuable raw | 3 | | material or ingredient to produce a legitimate end | 4 | | product. | 5 | | (ii) The material is used directly as a | 6 | | legitimate end product in place of a similar | 7 | | commercially available product. | 8 | | (iii) The material replaces a catalyst or | 9 | | carrier to produce a legitimate end product. | 10 | | The applicant's demonstration under this paragraph | 11 | | (B) of item (3) of subsection (a) of this Section must | 12 | | include, but is not limited to, a description of the | 13 | | use of the material, a description of the use of the | 14 | | legitimate end product, and a demonstration that the | 15 | | use of the material is comparable to the use of similar | 16 | | commercially available products. | 17 | | (C) The applicant demonstrates all of the | 18 | | following: | 19 | | (i) The material is used under paragraph (B) of | 20 | | item (3) of subsection (a) of this Section within a | 21 | | reasonable time. | 22 | | (ii) The material's storage prior to use is | 23 | | minimized. | 24 | | (iii) The material is not abandoned. | 25 | | (4) The management and use of the material will not | 26 | | cause, threaten, or allow the release of any contaminant |
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| 1 | | into the environment, except as authorized by law. | 2 | | (5) The management and use of the material otherwise | 3 | | protects human health and safety and the environment. | 4 | | (b) Applications for beneficial use determinations must be | 5 | | submitted on forms and in a format prescribed by the Agency. | 6 | | Agency approval, approval with conditions, or disapproval of an | 7 | | application for a beneficial use determination must be in | 8 | | writing. Approvals with conditions and disapprovals of | 9 | | applications for a beneficial use determination must include | 10 | | the Agency's reasons for the conditions or disapproval, and | 11 | | they are subject to review under Section 40 of this Act. | 12 | | (c) Beneficial use determinations shall be effective for a | 13 | | period approved by the Agency, but that period may not exceed 5 | 14 | | years. Material that is beneficially used (i) in accordance | 15 | | with a beneficial use determination, (ii) during the effective | 16 | | period of the beneficial use determination, and (iii) by the | 17 | | recipient of a beneficial use determination shall maintain its | 18 | | non-waste status after the effective period of the beneficial | 19 | | use determination unless its use no longer complies with the | 20 | | terms of the beneficial use determination or the material | 21 | | otherwise becomes waste. | 22 | | (d) No recipient of a beneficial use determination shall | 23 | | manage or use the material that is the subject of the | 24 | | determination in violation of the determination or any | 25 | | conditions in the determination, unless the material is managed | 26 | | as waste. |
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| 1 | | (e) A beneficial use determination shall terminate by | 2 | | operation of law if, due to a change in law, it conflicts with | 3 | | the law; however, the recipient of the determination may apply | 4 | | for a new beneficial use determination that is consistent with | 5 | | the law as amended. | 6 | | (f) This Section does not apply to hazardous waste, coal | 7 | | combustion waste, coal combustion by-product, sludge applied | 8 | | to the land, potentially infectious medical waste, or used oil. | 9 | | (g) This Section does not apply to material that is burned | 10 | | for energy recovery, that is used to produce a fuel, or that is | 11 | | otherwise contained in a fuel. | 12 | | (h) This Section does not apply to waste from the steel and | 13 | | foundry industries that is (i) classified as beneficially | 14 | | usable waste under Board rules and (ii) beneficially used in | 15 | | accordance with Board rules governing the management of | 16 | | beneficially usable waste from the steel and foundry | 17 | | industries. This Section does apply to other beneficial uses of | 18 | | waste from the steel and foundry industries, including, but not | 19 | | limited to, waste that is classified as beneficially usable | 20 | | waste but not used in accordance with the Board's rules | 21 | | governing the management of beneficially usable waste from the | 22 | | steel and foundry industries. No person shall use iron slags, | 23 | | steelmaking slags, or foundry sands for land reclamation | 24 | | purposes unless they have obtained a beneficial use | 25 | | determination for such use under this Section. | 26 | | (i) For purposes of this Section, the term "commercially |
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| 1 | | available material" means virgin material that (i) meets | 2 | | industry standards for a specific use and (ii) is normally sold | 3 | | for such use. For purposes of this Section, the term | 4 | | "commercially available product" means a product made of virgin | 5 | | material that (i) meets industry standards for a specific use | 6 | | and (ii) is normally sold for such use.
| 7 | | (j) Before issuing a beneficial use determination for the | 8 | | beneficial use of asphalt shingles, the Agency shall conduct an | 9 | | evaluation of the applicant's prior experience in asphalt | 10 | | shingle recycling operations. The Agency may deny such a | 11 | | beneficial use determination if the applicant, or any employee | 12 | | or officer of the applicant, has a history of any one or more | 13 | | of the following: | 14 | | (1) repeated violations of federal, state, or local | 15 | | laws, rules, regulations, standards, or ordinances in the | 16 | | operation of asphalt shingle recycling operation | 17 | | facilities or sites; | 18 | | (2) conviction in a court of this State or another | 19 | | state of any crime that is a felony under the laws of this | 20 | | State; | 21 | | (3) conviction in a federal court of any crime that is | 22 | | a felony under federal law; | 23 | | (4) conviction in a court of this State or another | 24 | | state, or in a federal court, of forgery, official | 25 | | misconduct, bribery, perjury, or knowingly submitting | 26 | | false information under any environmental law, rule, |
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| 1 | | regulation, or permit term or condition; or | 2 | | (5) gross carelessness or incompetence in the | 3 | | handling, storing, processing, transporting, disposing, or | 4 | | recycling of asphalt shingles. | 5 | | (Source: P.A. 96-489, eff. 8-14-09.)".
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