Full Text of SB0543 99th General Assembly
SB0543eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 3.135 as follows:
| 6 | | (415 ILCS 5/3.135) (was 415 ILCS 5/3.94)
| 7 | | Sec. 3.135. Coal combustion by-product; CCB.
| 8 | | (a) "Coal combustion
by-product" (CCB) means coal | 9 | | combustion waste when used beneficially in any of
the following | 10 | | ways: | 11 | | (1) The extraction or recovery of material compounds | 12 | | contained within CCB.
| 13 | | (2) The use of CCB as a raw ingredient or mineral | 14 | | filler in the
manufacture of the following commercial | 15 | | products: cement; concrete and concrete mortars; | 16 | | cementious products
including block, pipe and | 17 | | precast/prestressed components; asphalt or cementious | 18 | | roofing products; plastic products including pipes and | 19 | | fittings; paints
and metal alloys; kiln fired products | 20 | | including bricks, blocks, and tiles; abrasive media; | 21 | | gypsum wallboard; asphaltic concrete, or asphalt based | 22 | | paving material. | 23 | | (3) CCB used (A) in accordance with the Illinois |
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| 1 | | Department of Transportation ("IDOT") standard
| 2 | | specifications and subsection (a-5) of this Section or (B)
| 3 | | under the
approval of the Department of Transportation for | 4 | | IDOT projects.
| 5 | | (4) Bottom ash used as antiskid material, athletic | 6 | | tracks, or foot paths.
| 7 | | (5) Use in the
stabilization or modification of
soils | 8 | | providing the CCB meets the IDOT
specifications for soil | 9 | | modifiers.
| 10 | | (6) CCB used as a functionally equivalent substitute | 11 | | for agricultural lime as a soil conditioner .
| 12 | | (6.5) CCB that is a synthetic gypsum that: | 13 | | (A) has a calcium sulfate dihydrate content | 14 | | greater than 90%, by dry weight, and is generated by the | 15 | | lime or limestone forced oxidation process; | 16 | | (B) is registered with the Illinois Department of | 17 | | Agriculture as a fertilizer or soil amendment and is used | 18 | | as a fertilizer or soil amendment; | 19 | | (C) is a functionally equivalent substitute for | 20 | | mined gypsum (calcium sulfate dihydrate) used as a | 21 | | fertilizer or soil amendment; | 22 | | (D) is used in accordance with, and applied at a | 23 | | rate consistent with, documented recommendations of a | 24 | | qualified agricultural professional or institution, | 25 | | including, but not limited to any of the following: | 26 | | certified crop adviser, agronomist, university researcher, |
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| 1 | | federal Natural Resources Conservation Service | 2 | | Conservation Practice Standard regarding the amendment of | 3 | | soil properties with gypsum, or State-approved nutrient | 4 | | management plan; but in no case is applied at a rate | 5 | | greater than 5 dry tons per acre per year; and | 6 | | (E) has not been mixed with any waste. | 7 | | (7) Bottom ash used in non-IDOT pavement sub-base or
| 8 | | base, pipe bedding, or foundation
backfill.
| 9 | | (8) Structural fill, designed and constructed | 10 | | according to ASTM standard E2277-03 or Illinois Department | 11 | | of Transportation specifications, when used in an | 12 | | engineered application or combined
with cement, sand, or | 13 | | water to produce a controlled strength fill material
and | 14 | | covered with 12 inches of soil unless infiltration is | 15 | | prevented by the
material itself or other cover material.
| 16 | | (9) Mine subsidence, mine fire control, mine sealing, | 17 | | and mine reclamation. | 18 | | (a-5) Except to the extent that the uses are otherwise | 19 | | authorized by law
without such restrictions, the uses specified | 20 | | in items (a)(3)(A) and (a)(7) through (9) shall be subject to | 21 | | the
following conditions:
| 22 | | (A) CCB shall not have been mixed with hazardous waste | 23 | | prior to use.
| 24 | | (B) CCB shall not exceed Class I Groundwater Standards | 25 | | for
metals when
tested utilizing test method ASTM D3987-85. | 26 | | The sample or samples tested shall be representative of the |
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| 1 | | CCB being considered for use.
| 2 | | (C) Unless otherwise exempted, users of CCB for the | 3 | | purposes described in items (a)(3)(A) and (a)(7) through | 4 | | (9) of this Section shall provide notification
to the | 5 | | Agency for each project utilizing CCB documenting the | 6 | | quantity of CCB
utilized and certification of compliance | 7 | | with conditions (A) and (B) of this subsection.
| 8 | | Notification shall not be required for users of CCB for | 9 | | purposes described in items (a)(1), (a)(2), (a)(3)(B), | 10 | | (a)(4), (a)(5) and (a)(6) of this Section, or as required | 11 | | specifically under a beneficial use determination as | 12 | | provided under this Section, or pavement base, parking lot | 13 | | base, or
building base projects utilizing less than 10,000 | 14 | | tons, flowable fill/grout
projects utilizing less than | 15 | | 1,000 cubic yards or other applications utilizing
less than | 16 | | 100 tons.
| 17 | | (D) Fly ash shall be managed in a manner that minimizes | 18 | | the generation
of airborne particles and dust using | 19 | | techniques such as moisture conditioning,
granulating, | 20 | | inground application, or other demonstrated method.
| 21 | | (E) CCB is not to be accumulated speculatively. CCB is | 22 | | not accumulated
speculatively if during the calendar year, | 23 | | the CCB used is equal to 75% of the
CCB by weight or volume | 24 | | accumulated at the beginning of the period.
| 25 | | (F) CCB shall include any prescribed mixture of fly | 26 | | ash, bottom ash, boiler slag, flue gas desulfurization |
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| 1 | | scrubber sludge, fluidized bed combustion ash, and stoker | 2 | | boiler ash and shall be tested as intended for use.
| 3 | | (b) To encourage and promote the utilization of CCB in | 4 | | productive and beneficial
applications, upon request by the | 5 | | applicant, the Agency shall make a written beneficial use | 6 | | determination that coal-combustion
waste is CCB when used in a | 7 | | manner other than those uses specified in subsection (a) of | 8 | | this Section if the applicant demonstrates that use of the | 9 | | coal-combustion waste satisfies all of the following criteria: | 10 | | the use will not cause, threaten, or allow the discharge of any | 11 | | contaminant into the environment; the use will otherwise | 12 | | protect human health and safety and the environment; and the | 13 | | use constitutes a legitimate use of the coal-combustion waste | 14 | | as an ingredient or raw material that is an effective | 15 | | substitute for an analogous ingredient or raw material.
| 16 | | The Agency's beneficial use determinations may allow the | 17 | | uses set forth in items (a)(3)(A) and (a)(7) through (9) of | 18 | | this Section without the CCB being subject to the restrictions | 19 | | set forth in subdivisions (a-5)(B) and (a-5)(E) of this | 20 | | Section.
| 21 | | Within 90 days after the receipt of an application for a | 22 | | beneficial use determination under this subsection (b), the | 23 | | Agency shall, in writing, approve, disapprove, or approve with | 24 | | conditions the beneficial use. Any disapproval or approval with | 25 | | conditions shall include the Agency's reasons for the | 26 | | disapproval or conditions. Failure of the Agency to issue a |
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| 1 | | decision within 90 days shall constitute disapproval of the | 2 | | beneficial use request. These beneficial use determinations | 3 | | are subject to review under Section 40 of this Act.
| 4 | | Any approval of a beneficial use under this subsection (b) | 5 | | shall become effective upon the date of the Agency's written | 6 | | decision and remain in effect for a period of 5 years. If an | 7 | | applicant desires to continue a beneficial use after the | 8 | | expiration of the 5-year period, the applicant must submit an | 9 | | application for renewal no later than 90 days prior to the | 10 | | expiration. The beneficial use approval shall be automatically | 11 | | extended unless denied by the Agency in writing with the | 12 | | Agency's reasons for disapproval, or unless the Agency has | 13 | | requested an extension for review, in which case the use will | 14 | | continue to be allowed until an Agency determination is made. | 15 | | Coal-combustion waste for which a beneficial use is | 16 | | approved pursuant to this subsection (b) shall be considered | 17 | | CCB during the effective period of the approval, as long as it | 18 | | is used in accordance with the approval and any conditions. | 19 | | Notwithstanding the other provisions of this subsection | 20 | | (b), written beneficial use determination applications for the | 21 | | use of CCB at sites governed by the federal Surface Mining | 22 | | Control and Reclamation Act of 1977 (P.L. 95-87) or the rules | 23 | | and regulations thereunder, or by any law or rule or regulation | 24 | | adopted by the State of Illinois pursuant thereto, shall be | 25 | | reviewed and approved by the Office of Mines and Minerals | 26 | | within the Department of Natural Resources pursuant to 62 Ill. |
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| 1 | | Adm. Code §§ 1700-1850. Further, appeals of those | 2 | | determinations shall be made pursuant to the Illinois | 3 | | Administrative Review Law.
| 4 | | The Board shall adopt rules establishing standards and | 5 | | procedures for the Agency's issuance of beneficial use | 6 | | determinations under this subsection (b). The Board rules may | 7 | | also, but are not required to, include standards and procedures | 8 | | for the revocation of the beneficial use determinations. Prior | 9 | | to the effective date of Board rules adopted under this | 10 | | subsection (b), the Agency is authorized to make beneficial use | 11 | | determinations in accordance with this subsection (b). | 12 | | The Agency is authorized to prepare and distribute guidance | 13 | | documents relating to its administration of this Section. | 14 | | Guidance documents prepared under this subsection are not rules | 15 | | for the purposes of the Illinois Administrative Procedure Act.
| 16 | | (Source: P.A. 97-510, eff. 8-23-11.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law. |
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