Full Text of HB5369 99th General Assembly
HB5369ham001 99TH GENERAL ASSEMBLY | Rep. Emily McAsey Filed: 4/6/2016
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| 1 | | AMENDMENT TO HOUSE BILL 5369
| 2 | | AMENDMENT NO. ______. Amend House Bill 5369 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, 22.51, 22.51a, and 22.51b 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;
roofing shingles and other | 16 | | roof coverings; reclaimed or other asphalt pavement; glass;
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| 1 | | plastics that are not sealed in a manner that conceals waste; | 2 | | electrical
wiring and components containing no hazardous | 3 | | substances; and corrugated cardboard, piping or metals
| 4 | | 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 | | if the most stringent remediation objective or applicable | 2 | | background concentration for a contaminant set forth in 35 | 3 | | Ill. Adm. Code 742 is greater than the concentration that | 4 | | would allow exposure at an excess upper-bound lifetime risk | 5 | | of 1 in 1,000,000, the Board may consider allowing that | 6 | | contaminant in concentrations up to its most stringent | 7 | | remediation objective or applicable background | 8 | | concentration set forth in 35 Ill. Adm. Code 742 in soil | 9 | | used as fill material in a current or former quarry, mine, | 10 | | or other excavation in accordance with Section 22.51 or | 11 | | 22.51a of this Act and rules adopted under those Sections. | 12 | | Any background concentration set forth in 35 Ill. Adm. Code | 13 | | 742 that is adopted as a maximum concentration must be | 14 | | based upon the location of the quarry, mine, or other | 15 | | excavation where the soil is used as fill material. | 16 | | (2) To the extent allowed under federal law and | 17 | | regulations, uncontaminated soil shall not be considered a | 18 | | waste. | 19 | | (Source: P.A. 96-235, eff. 8-11-09; 96-1416, eff. 7-30-10; | 20 | | 97-137, eff. 7-14-11.) | 21 | | (415 ILCS 5/22.51)
| 22 | | Sec. 22.51. Clean Construction or Demolition Debris Fill | 23 | | Operations. | 24 | | (a) No person shall conduct any clean construction or | 25 | | demolition debris fill operation in violation of this Act or |
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| 1 | | any regulations or standards adopted by the Board. | 2 | | (b)(1)(A) Beginning August 18, 2005 but prior to July 1, | 3 | | 2008, no person shall use clean construction or demolition | 4 | | debris as fill material in a current or former quarry, mine, or | 5 | | other excavation, unless they have applied for an interim | 6 | | authorization from the Agency for the clean construction or | 7 | | demolition debris fill operation. | 8 | | (B) The Agency shall approve an interim authorization upon | 9 | | its receipt of a written application for the interim | 10 | | authorization that is signed by the site owner and the site | 11 | | operator, or their duly authorized agent, and that contains the | 12 | | following information: (i) the location of the site where the | 13 | | clean construction or demolition debris fill operation is | 14 | | taking place, (ii) the name and address of the site owner, | 15 | | (iii) the name and address of the site operator, and (iv) the | 16 | | types and amounts of clean construction or demolition debris | 17 | | being used as fill material at the site. | 18 | | (C) The Agency may deny an interim authorization if the | 19 | | site owner or the site operator, or their duly authorized | 20 | | agent, fails to provide to the Agency the information listed in | 21 | | subsection (b)(1)(B) of
this Section. Any denial of an interim | 22 | | authorization shall be subject to appeal to the Board in | 23 | | accordance with the procedures of Section 40 of this Act. | 24 | | (D) No person shall use clean construction or demolition | 25 | | debris as fill material in a current or former quarry, mine, or | 26 | | other excavation for which the Agency has denied interim |
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| 1 | | authorization under subsection (b)(1)(C) of this Section. The | 2 | | Board may stay the prohibition of this subsection (D) during | 3 | | the pendency of an appeal of the Agency's denial of the interim | 4 | | authorization brought under subsection (b)(1)(C) of this | 5 | | Section. | 6 | | (2) Beginning September 1, 2006, owners and
operators of | 7 | | clean construction or demolition debris fill operations shall, | 8 | | in accordance with a schedule prescribed by the Agency, submit | 9 | | to the Agency applications for the
permits required under this | 10 | | Section. The Agency shall notify owners and operators in | 11 | | writing of the due date for their permit application. The due | 12 | | date shall be no less than 90 days after the date of the | 13 | | Agency's written notification. Owners and operators who do not | 14 | | receive a written notification from the Agency by October 1, | 15 | | 2007, shall submit a permit application to the Agency by | 16 | | January 1, 2008. The interim authorization of owners and | 17 | | operators who fail to submit a permit application to the Agency | 18 | | by the permit application's due date shall terminate on (i) the | 19 | | due
date established by the Agency if the owner or operator | 20 | | received a written notification from the Agency prior to
| 21 | | October 1, 2007, or (ii) or January 1, 2008, if the owner or | 22 | | operator did not receive a written notification from the Agency | 23 | | by October 1, 2007. | 24 | | (3) On and after July 1, 2008, no person shall use clean | 25 | | construction or demolition debris as fill material in a current | 26 | | or former quarry, mine, or other excavation (i) without a |
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| 1 | | permit granted by the Agency for the clean construction or | 2 | | demolition debris fill operation or in violation of any | 3 | | conditions imposed by such permit, including periodic reports | 4 | | and full access to adequate records and the inspection of | 5 | | facilities, as may be necessary to assure compliance with this | 6 | | Act and with Board regulations and standards adopted under this | 7 | | Act or (ii) in violation of any regulations or standards | 8 | | adopted by the Board under this Act. | 9 | | (4) This subsection (b) does not apply to: | 10 | | (A) the use of clean construction or demolition debris | 11 | | as fill material in a current or former quarry, mine, or | 12 | | other excavation located on the site where the clean | 13 | | construction or demolition debris was generated; | 14 | | (B) the use of clean construction or demolition debris | 15 | | as fill material in an excavation other than a current or | 16 | | former quarry or mine if this use complies with Illinois | 17 | | Department of Transportation specifications; or
| 18 | | (C) current or former quarries, mines, and other | 19 | | excavations that do not use clean construction or | 20 | | demolition debris as fill material.
| 21 | | (c) In accordance with Title VII of this Act, the Board may | 22 | | adopt regulations to promote the purposes of this Section. The | 23 | | Agency shall consult with the mining and construction | 24 | | industries during the development of any regulations to promote | 25 | | the purposes of this Section. | 26 | | (1) No later than December 15, 2005, the Agency shall |
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| 1 | | propose to the Board, and no later than September 1, 2006, | 2 | | the Board shall adopt, regulations for the use of clean | 3 | | construction or demolition debris as fill material in | 4 | | current and former quarries, mines, and other excavations. | 5 | | Such regulations shall include, but shall not be limited | 6 | | to, standards for clean construction or demolition debris | 7 | | fill operations and the submission and review of permits | 8 | | required under this Section. | 9 | | (2) Until the Board adopts rules under subsection | 10 | | (c)(1) of this Section, all persons using clean | 11 | | construction or
demolition debris as fill material in a | 12 | | current or former quarry, mine, or other excavation shall: | 13 | | (A) Assure that only clean construction or | 14 | | demolition debris is being used as fill material by | 15 | | screening each truckload of material received using a | 16 | | device approved by the Agency that detects volatile | 17 | | organic compounds. Such devices may include, but are | 18 | | not limited to, photo ionization detectors. All | 19 | | screening devices shall be operated and maintained in | 20 | | accordance with manufacturer's specifications. | 21 | | Unacceptable fill material shall be rejected from the | 22 | | site; and | 23 | | (B) Retain for a minimum of 3 years the following | 24 | | information: | 25 | | (i) The name of the hauler, the name of the | 26 | | generator, and place of origin of the debris or |
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| 1 | | soil; | 2 | | (ii) The approximate weight or volume of the | 3 | | debris or soil; and | 4 | | (iii) The date the debris or soil was received. | 5 | | (d) This Section applies only to clean construction or | 6 | | demolition debris that is not considered "waste" as provided in | 7 | | Section 3.160 of this Act. | 8 | | (e) For purposes of this Section: | 9 | | (1) The term "operator" means a person responsible for | 10 | | the operation and maintenance of a clean construction or | 11 | | demolition debris fill operation. | 12 | | (2) The term "owner" means a person who has any direct | 13 | | or indirect interest in a clean construction or demolition | 14 | | debris fill operation or in land on which a person operates | 15 | | and maintains a clean construction or demolition debris | 16 | | fill operation. A "direct or indirect interest" does not | 17 | | include the ownership of publicly traded stock. The "owner" | 18 | | is the "operator" if there is no other person who is | 19 | | operating and maintaining a clean construction or | 20 | | demolition debris fill operation.
| 21 | | (3) The term "clean construction or demolition debris | 22 | | fill operation" means a current or former quarry, mine, or | 23 | | other excavation where clean construction or demolition | 24 | | debris is used as fill material. | 25 | | (4) The term "uncontaminated soil" shall have the same | 26 | | meaning as uncontaminated soil under Section 3.160 of this |
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| 1 | | Act. | 2 | | (f)(1) No later than July 30, 2011 one year after ( the | 3 | | effective date of P.A. 96-1416) this amendatory Act of the 96th | 4 | | General Assembly , the Agency shall propose to the Board, and, | 5 | | no later than one year after the Board's receipt of the | 6 | | Agency's proposal, the Board shall adopt, rules for the use of | 7 | | clean construction or demolition debris and uncontaminated | 8 | | soil as fill material at clean construction or demolition | 9 | | debris fill operations. The rules must include standards and | 10 | | procedures necessary to protect groundwater, which may | 11 | | include, but shall not be limited to, the following: | 12 | | requirements regarding testing and certification of soil used | 13 | | as fill material, surface water runoff, liners or other | 14 | | protective barriers, monitoring (including, but not limited | 15 | | to, groundwater monitoring), corrective action, recordkeeping, | 16 | | reporting, closure and post-closure care, financial assurance, | 17 | | post-closure land use controls, location standards, and the | 18 | | modification of existing permits to conform to the requirements | 19 | | of this Act and Board rules. The rules may also include limits | 20 | | on the use of recyclable concrete and asphalt as fill material | 21 | | at clean construction or demolition debris fill operations, | 22 | | taking into account factors such as technical feasibility, | 23 | | economic reasonableness, and the availability of markets for | 24 | | such materials. | 25 | | (2) Until the effective date of the Board rules adopted | 26 | | under subdivision (f)(1) of this Section, and in addition to |
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| 1 | | any other requirements, owners and operators of clean | 2 | | construction or demolition debris fill operations must do all | 3 | | of the following in subdivisions (f)(2)(A) through (f)(2)(D) of | 4 | | this Section for all clean construction or demolition debris | 5 | | and uncontaminated soil accepted for use as fill material. The | 6 | | requirements in subdivisions (f)(2)(A) through (f)(2)(D) of | 7 | | this Section shall not limit any rules adopted by the Board. | 8 | | (A) Document the following information for each load of | 9 | | clean construction or demolition debris or uncontaminated | 10 | | soil received: (i) the name of the hauler, the address of | 11 | | the site of origin, and the owner and the operator of the | 12 | | site of origin of the clean construction or demolition | 13 | | debris or uncontaminated soil, (ii) the weight or volume of | 14 | | the clean construction or demolition debris or | 15 | | uncontaminated soil, and (iii) the date the clean | 16 | | construction or demolition debris or uncontaminated soil | 17 | | was received. | 18 | | (B) For all soil, obtain either (i) a certification | 19 | | from the owner or operator of the site from which the soil | 20 | | was removed that the site has never been used for | 21 | | commercial or industrial purposes and is presumed to be | 22 | | uncontaminated soil or (ii) a certification from a licensed | 23 | | Professional Engineer or licensed Professional Geologist | 24 | | that the soil is uncontaminated soil. Certifications | 25 | | required under this subdivision (f)(2)(B) must be on forms | 26 | | and in a format prescribed by the Agency. |
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| 1 | | (C) Confirm that the clean construction or demolition | 2 | | debris or uncontaminated soil was not removed from a site | 3 | | as part of a cleanup or removal of contaminants, including, | 4 | | but not limited to, activities conducted under the | 5 | | Comprehensive Environmental Response, Compensation, and | 6 | | Liability Act of 1980, as amended; as part of a Closure or | 7 | | Corrective Action under the Resource Conservation and | 8 | | Recovery Act, as amended; or under an Agency remediation | 9 | | program, such as the Leaking Underground Storage Tank | 10 | | Program or Site Remediation Program, but excluding sites | 11 | | subject to Section 58.16 of this Act where there is no | 12 | | presence or likely presence of a release or a substantial | 13 | | threat of a release of a regulated substance at, on, or | 14 | | from the real property. | 15 | | (D) Document all activities required under subdivision | 16 | | (f)(2) of this Section. Documentation of any chemical | 17 | | analysis must include, but is not limited to, (i) a copy of | 18 | | the lab analysis, (ii) accreditation status of the | 19 | | laboratory performing the analysis, and (iii) | 20 | | certification by an authorized agent of the laboratory that | 21 | | the analysis has been performed in accordance with the | 22 | | Agency's rules for the accreditation of environmental | 23 | | laboratories and the scope of accreditation. | 24 | | (3) Owners and operators of clean construction or | 25 | | demolition debris fill operations must maintain all | 26 | | documentation required under subdivision (f)(2) of this |
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| 1 | | Section for a minimum of 3 years following the receipt of each | 2 | | load of clean construction or demolition debris or | 3 | | uncontaminated soil, except that documentation relating to an | 4 | | appeal, litigation, or other disputed claim must be maintained | 5 | | until at least 3 years after the date of the final disposition | 6 | | of the appeal, litigation, or other disputed claim. Copies of | 7 | | the documentation must be made available to the Agency and to | 8 | | units of local government for inspection and copying during | 9 | | normal business hours. The Agency may prescribe forms and | 10 | | formats for the documentation required under subdivision | 11 | | (f)(2) of this Section. | 12 | | Chemical analysis conducted under subdivision (f)(2) of | 13 | | this Section must be conducted in accordance with the | 14 | | requirements of 35 Ill. Adm. Code 742, as amended, and "Test | 15 | | Methods for Evaluating Solid Waste, Physical/Chemical | 16 | | Methods", USEPA Publication No. SW-846, as amended. | 17 | | (4) No later than one year after the effective date of this | 18 | | amendatory Act of the 99th General Assembly, the Agency shall | 19 | | propose rules to the Board. No later than one year after the | 20 | | Board's receipt of the Agency's proposal, the Board shall adopt | 21 | | rules for the protection of groundwater at clean construction | 22 | | or demolition debris fill operations. The groundwater | 23 | | protection procedures established by these rules must include, | 24 | | but shall not be limited to, the following: a detection | 25 | | monitoring program which shall specify constituents to be | 26 | | monitored; monitoring frequency; monitoring duration; a |
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| 1 | | methodology specifying the minimum required number of | 2 | | groundwater monitoring wells and well locations; and remedial | 3 | | action procedures. | 4 | | (g)(1) No person shall use soil other than uncontaminated | 5 | | soil as fill material at a clean construction or demolition | 6 | | debris fill operation. | 7 | | (2) No person shall use construction or demolition debris | 8 | | other than clean construction or demolition debris as fill | 9 | | material at a clean construction or demolition debris fill | 10 | | operation.
| 11 | | (Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.) | 12 | | (415 ILCS 5/22.51a) | 13 | | Sec. 22.51a. Uncontaminated Soil Fill Operations. | 14 | | (a) For purposes of this Section: | 15 | | (1) The term "uncontaminated soil" shall have the same | 16 | | meaning as uncontaminated soil under Section 3.160 of this | 17 | | Act. | 18 | | (2) The term "uncontaminated soil fill operation" | 19 | | means a current or former quarry, mine, or other excavation | 20 | | where uncontaminated soil is used as fill material, but | 21 | | does not include a clean construction or demolition debris | 22 | | fill operation. | 23 | | (b) No person shall use soil other than uncontaminated soil | 24 | | as fill material at an uncontaminated soil fill operation. | 25 | | (c) Owners and operators of uncontaminated soil fill |
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| 1 | | operations must register the fill operations with the Agency. | 2 | | Uncontaminated soil fill operations that received | 3 | | uncontaminated soil prior to the effective date of this | 4 | | amendatory Act of the 96th General Assembly must be registered | 5 | | with the Agency no later than March 31, 2011. Uncontaminated | 6 | | soil fill operations that first receive uncontaminated soil on | 7 | | or after the effective date of this amendatory Act of the 96th | 8 | | General Assembly must be registered with the Agency prior to | 9 | | the receipt of any uncontaminated soil. Registrations must be | 10 | | submitted on forms and in a format prescribed by the Agency. | 11 | | (d)(1) No later than July 30, 2011 one year after ( the | 12 | | effective date of P.A. 96-1416) this amendatory Act of the 96th | 13 | | General Assembly , the Agency shall propose to the Board, and, | 14 | | no later than one year after the Board's receipt of the | 15 | | Agency's proposal, the Board shall adopt, rules for the use of | 16 | | uncontaminated soil as fill material at uncontaminated soil | 17 | | fill operations. The rules must include standards and | 18 | | procedures necessary to protect groundwater, which shall | 19 | | include, but shall not be limited to, testing and certification | 20 | | of soil used as fill material and requirements for | 21 | | recordkeeping. | 22 | | (2) Until the effective date of the Board rules adopted | 23 | | under subdivision (d)(1) of this Section, owners and operators | 24 | | of uncontaminated soil fill operations must do all of the | 25 | | following in subdivisions (d)(2)(A) through (d)(2)(F) of this | 26 | | Section for all uncontaminated soil accepted for use as fill |
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| 1 | | material. The requirements in subdivisions (d)(2)(A) through | 2 | | (d)(2)(F) of this Section shall not limit any rules adopted by | 3 | | the Board. | 4 | | (A) Document the following information for each load of | 5 | | uncontaminated soil received: (i) the name of the hauler, | 6 | | the address of the site of origin, and the owner and the | 7 | | operator of the site of origin of the uncontaminated soil, | 8 | | (ii) the weight or volume of the uncontaminated soil, and | 9 | | (iii) the date the uncontaminated soil was received. | 10 | | (B) Obtain either (i) a certification from the owner or | 11 | | operator of the site from which the soil was removed that | 12 | | the site has never been used for commercial or industrial | 13 | | purposes and is presumed to be uncontaminated soil or (ii) | 14 | | a certification from a licensed Professional Engineer or a | 15 | | licensed Professional Geologist that the soil is | 16 | | uncontaminated soil. Certifications required under this | 17 | | subdivision (d)(2)(B) must be on forms and in a format | 18 | | prescribed by the Agency. | 19 | | (C) Confirm that the uncontaminated soil was not | 20 | | removed from a site as part of a cleanup or removal of | 21 | | contaminants, including, but not limited to, activities | 22 | | conducted under the Comprehensive Environmental Response, | 23 | | Compensation, and Liability Act of 1980, as amended; as | 24 | | part of a Closure or Corrective Action under the Resource | 25 | | Conservation and Recovery Act, as amended; or under an | 26 | | Agency remediation program, such as the Leaking |
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| 1 | | Underground Storage Tank Program or Site Remediation | 2 | | Program, but excluding sites subject to Section 58.16 of | 3 | | this Act where there is no presence or likely presence of a | 4 | | release or a substantial threat of a release of a regulated | 5 | | substance at, on, or from the real property. | 6 | | (D) Visually inspect each load to confirm that only | 7 | | uncontaminated soil is being accepted for use as fill | 8 | | material. | 9 | | (E) Screen each load of uncontaminated soil using a | 10 | | device that is approved by the Agency and detects volatile | 11 | | organic compounds. Such a device may include, but is not | 12 | | limited to, a photo ionization detector or a flame | 13 | | ionization detector. All screening devices shall be | 14 | | operated and maintained in accordance with the | 15 | | manufacturer's specifications. Unacceptable soil must be | 16 | | rejected from the fill operation. | 17 | | (F) Document all activities required under subdivision | 18 | | (d)(2) of this Section. Documentation of any chemical | 19 | | analysis must include, but is not limited to, (i) a copy of | 20 | | the lab analysis, (ii) accreditation status of the | 21 | | laboratory performing the analysis, and (iii) | 22 | | certification by an authorized agent of the laboratory that | 23 | | the analysis has been performed in accordance with the | 24 | | Agency's rules for the accreditation of environmental | 25 | | laboratories and the scope of accreditation. | 26 | | (3) Owners and operators of uncontaminated soil fill |
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| 1 | | operations must maintain all documentation required under | 2 | | subdivision (d)(2) of this Section for a minimum of 3 years | 3 | | following the receipt of each load of uncontaminated soil, | 4 | | except that documentation relating to an appeal, litigation, or | 5 | | other disputed claim must be maintained until at least 3 years | 6 | | after the date of the final disposition of the appeal, | 7 | | litigation, or other disputed claim. Copies of the | 8 | | documentation must be made available to the Agency and to units | 9 | | of local government for inspection and copying during normal | 10 | | business hours. The Agency may prescribe forms and formats for | 11 | | the documentation required under subdivision (d)(2) of this | 12 | | Section. | 13 | | Chemical analysis conducted under subdivision (d)(2) of | 14 | | this Section must be conducted in accordance with the | 15 | | requirements of 35 Ill. Adm. Code 742, as amended, and "Test | 16 | | Methods for Evaluating Solid Waste, Physical/Chemical | 17 | | Methods", USEPA Publication No. SW-846, as amended.
| 18 | | (4) No later than one year after the effective date of this | 19 | | amendatory Act of the 99th General Assembly, the Agency shall | 20 | | propose rules to the Board. No later than one year after the | 21 | | Board's receipt of the Agency's proposal, the Board shall adopt | 22 | | rules for the protection of groundwater at uncontaminated soil | 23 | | fill operations. The groundwater protection procedures | 24 | | established by these rules must include, but shall not be | 25 | | limited to, the following: a detection monitoring program which | 26 | | shall specify constituents to be monitored; monitoring |
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| 1 | | frequency; monitoring duration; a methodology specifying the | 2 | | minimum required number of groundwater monitoring wells and | 3 | | well locations; and remedial action procedures. | 4 | | (Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.) | 5 | | (415 ILCS 5/22.51b) | 6 | | Sec. 22.51b. Fees for permitted facilities accepting clean | 7 | | construction or demolition debris or uncontaminated soil. | 8 | | (a) The Agency shall assess and collect a fee from the | 9 | | owner or operator of each clean construction or demolition | 10 | | debris fill operation that is permitted or required to be | 11 | | permitted by the Agency. The fee assessed and collected under | 12 | | this subsection shall be 95 20 cents per cubic yard of clean | 13 | | construction or demolition debris or uncontaminated soil | 14 | | accepted by the clean construction or demolition debris fill | 15 | | operation, or, alternatively, the owner or operator may weigh | 16 | | the quantity of the clean construction or demolition debris or | 17 | | uncontaminated soil with a device for which certification has | 18 | | been obtained under the Weights and Measures Act and pay a fee | 19 | | of $2.00 14 cents per ton of clean construction or demolition | 20 | | debris or uncontaminated soil. The fee shall apply to | 21 | | construction or demolition debris or uncontaminated soil if (i) | 22 | | the clean construction or demolition debris fill operation is | 23 | | located off the site where the clean construction or demolition | 24 | | debris or uncontaminated soil was generated and (ii) the clean | 25 | | construction or demolition debris fill operation is owned, |
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| 1 | | controlled, and operated by a person other than the generator | 2 | | of the clean construction or demolition debris or | 3 | | uncontaminated soil. In no case shall the fee collected or paid | 4 | | by the owner or operator under this subsection (a) exceed $1.55 | 5 | | per cubic yard or $3.27 per ton. | 6 | | (b) The Agency shall establish rules relating to the | 7 | | collection of the fees authorized by subsection (a) of this | 8 | | Section. These rules shall include, but are not limited to, the | 9 | | following: | 10 | | (1) Records identifying the quantities of clean | 11 | | construction or demolition debris and uncontaminated soil | 12 | | received. | 13 | | (2) The form and submission of reports to accompany the | 14 | | payment of fees to the Agency. | 15 | | (3) The time and manner of payment of fees to the | 16 | | Agency, which payments shall not be more often than | 17 | | quarterly. | 18 | | (c) Fees collected under this Section shall be in addition | 19 | | to any other fees collected under any other Section. | 20 | | (d) The Agency shall not refund any fee paid to it under | 21 | | this Section. | 22 | | (e) The Agency shall deposit all fees collected under this | 23 | | subsection into the Environmental Protection Permit and | 24 | | Inspection Fund. Pursuant to appropriation, all moneys | 25 | | collected under this Section shall be used by the Agency for | 26 | | the implementation of this Section and for permit and |
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| 1 | | inspection activities. | 2 | | (f) A unit of local government, as defined in the Local | 3 | | Solid Waste Disposal Act, in which a clean construction or | 4 | | demolition debris fill operation is located and which has | 5 | | entered into a delegation agreement with the Agency pursuant to | 6 | | subsection (r) of Section 4 of this Act for inspection, | 7 | | investigation, or enforcement functions related to clean | 8 | | construction or demolition debris fill operations may | 9 | | establish a fee, tax, or surcharge with regard to clean | 10 | | construction or demolition debris or uncontaminated soil | 11 | | accepted by clean construction or demolition debris fill | 12 | | operations. All fees, taxes, and surcharges collected under | 13 | | this subsection shall be used for inspection, investigation, | 14 | | and enforcement functions performed by the unit of local | 15 | | government pursuant to the delegation agreement with the | 16 | | Agency. Fees, taxes, and surcharges established under this | 17 | | subsection (f) shall not exceed a total of 60 10 cents per | 18 | | cubic yard of clean construction or demolition debris or | 19 | | uncontaminated soil accepted by the clean construction or | 20 | | demolition debris fill operation, unless the owner or operator | 21 | | weighs the quantity of the clean construction or demolition | 22 | | debris or uncontaminated soil with a device for which | 23 | | certification has been obtained under the Weights and Measures | 24 | | Act, in which case the fee shall not exceed $1.27 7 cents per | 25 | | ton of clean construction or demolition debris or | 26 | | uncontaminated soil. |
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| 1 | | (g) For the purposes of this Section: | 2 | | (1) The term "uncontaminated soil" shall have the same | 3 | | meaning as uncontaminated soil under Section 3.160 of this | 4 | | Act. | 5 | | (2) The term "clean construction or demolition debris | 6 | | fill operation" shall have the same meaning as clean | 7 | | construction or demolition debris fill operation under | 8 | | Section 22.51 of this Act.
| 9 | | (Source: P.A. 96-1416, eff. 7-30-10.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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