Full Text of HB2876 100th General Assembly
HB2876ham001 100TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 3/16/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2876
| 2 | | AMENDMENT NO. ______. Amend House Bill 2876 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 22.54a as follows: | 6 | | (415 ILCS 5/22.54a) | 7 | | (Section scheduled to be repealed on February 1, 2018) | 8 | | Sec. 22.54a. Disposal of asphalt roofing shingles. | 9 | | (a) As used in this Section: | 10 | | "BUD" means a beneficial use determination issued under | 11 | | Section 22.54 of this Act. | 12 | | "Eligible shingle recycling facility" means a shingle | 13 | | recycling facility that: | 14 | | (1) is approved for asphalt roofing shingle recycling | 15 | | under a beneficial use determination issued pursuant to | 16 | | Section 22.54 of this Act and is in compliance with the |
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| 1 | | terms of that BUD; | 2 | | (2) is listed on the Department of Transportation's | 3 | | "Qualified Producer List of Certified Sources for | 4 | | Reclaimed Asphalt Shingles" or identified as an approved | 5 | | producer of reclaimed asphalt shingles by the Illinois | 6 | | State Toll Highway Authority; and | 7 | | (3) accepts all delivered loads of asphalt roofing | 8 | | shingles that can be processed into reclaimed asphalt | 9 | | shingles meeting Department of Transportation or Illinois | 10 | | State Toll Highway Authority specifications. | 11 | | (b) No owner or operator of a sanitary landfill that is | 12 | | located within a 25-mile radius of an eligible shingle | 13 | | recycling facility a site where asphalt roofing shingles are | 14 | | recycled under a Beneficial Use Determination (BUD) issued by | 15 | | the Agency pursuant to Section 22.54 of this Act shall accept | 16 | | for disposal loads of whole or processed asphalt roofing | 17 | | shingles that can be processed into reclaimed asphalt shingles | 18 | | meeting Department of Transportation or Illinois State Toll | 19 | | Highway Authority specifications . | 20 | | (c) Nothing in this Section shall prohibit or restrict a | 21 | | sanitary landfill from accepting for disposal asphalt roofing | 22 | | shingles that can be processed into reclaimed asphalt shingles | 23 | | meeting Department of Transportation or Illinois State Toll | 24 | | Highway Authority specifications but that are either | 25 | | commingled with municipal waste, including, but not limited to, | 26 | | general construction or demolition debris , or rejected by an |
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| 1 | | eligible shingle recycling facility . | 2 | | (d) The owner or operator of an eligible shingle recycling | 3 | | facility shall notify the Agency in writing of the name and | 4 | | street address of the eligible shingle recycling facility, and | 5 | | he or she shall also notify the Agency when the facility's | 6 | | status as an eligible shingle recycling facility is rescinded | 7 | | or reinstated in accordance with subsection (e) or subsection | 8 | | (f) of this Section. The Agency shall post on its website the | 9 | | information provided to the Agency under this subsection (d) | 10 | | name and address of each site at which the recycling of asphalt | 11 | | roofing shingles under a BUD is approved . | 12 | | (e) The Agency may issue a notice of intent to rescind | 13 | | recognition as an eligible shingle recycling facility to any | 14 | | owner or operator of a shingle recycling facility that, in the | 15 | | Agency's judgment, is not in compliance with the terms of the | 16 | | facility's BUD. The Agency shall file a copy of the notice with | 17 | | the Board no later than 10 days after the date of service of | 18 | | the notice on the owner or operator. Each notice issued under | 19 | | this subsection (e) shall be served upon the owner or operator, | 20 | | or that person's authorized agent for service of process, and | 21 | | shall include the following information: | 22 | | (1) a statement specifying the provisions of the BUD | 23 | | which were not complied with; | 24 | | (2) if non-compliance was observed during an | 25 | | inspection by the Agency, a copy of the inspection report | 26 | | in which the Agency recorded the non-compliance, which |
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| 1 | | report shall include the date and time of inspection, and | 2 | | weather conditions prevailing during the inspection; | 3 | | (3) instructions for contesting the notice issued | 4 | | under this subsection (e), including notification that the | 5 | | owner or operator has 35 days within which to file a | 6 | | petition for review before the Board to contest the notice; | 7 | | and | 8 | | (4) an affidavit by the personnel observing the | 9 | | non-compliance, attesting to their material actions and | 10 | | observations. | 11 | | If the owner or operator fails to petition the Board for | 12 | | review of the notice within 35 days after the date of service, | 13 | | then the Board shall adopt a final order holding that the | 14 | | shingle recycling facility is not an eligible shingle recycling | 15 | | facility for purposes of this Section. If, within 35 days after | 16 | | the date of service, a petition for review is filed before the | 17 | | Board to contest a notice issued under this subsection (e), | 18 | | then the Agency shall appear as a complainant at a hearing | 19 | | before the Board to be conducted in accordance with Section 32 | 20 | | of this Act. The hearing shall be held not less than 21 days | 21 | | after the Board sends a notice of the hearing to the Agency and | 22 | | the owner or operator who petitioned for review of the notice. | 23 | | In these hearings, the burden of proof shall be on the Agency. | 24 | | If, based on the record, the Board finds that the alleged | 25 | | non-compliance occurred, then the Board shall adopt a final | 26 | | order holding that the shingle recycling facility is not an |
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| 1 | | eligible shingle recycling facility for purposes of this | 2 | | Section. | 3 | | (f) If the Board has determined under subsection (e) of | 4 | | this Section that a shingle recycling facility is not an | 5 | | eligible shingle recycling facility, then the owner or operator | 6 | | of the facility may file with the Board a motion to have the | 7 | | facility reinstated as an eligible shingle recycling facility. | 8 | | If, at the time the motion is filed, the owner or operator of | 9 | | the facility is able to affirmatively demonstrate, to the | 10 | | satisfaction of the Board, that all non-compliance at the | 11 | | facility has been corrected, that the facility is in compliance | 12 | | with its BUD, and that the facility is not subject to any | 13 | | pending enforcement action under this Act, then the Board may | 14 | | enter an order reinstating the facility as an eligible shingle | 15 | | recycling facility for the purposes of this Section. | 16 | | Before issuing any order under this subsection (f), the | 17 | | Board shall conduct an evaluation of the owner or operator's | 18 | | prior experience in asphalt shingle recycling operations. The | 19 | | Board may deny a petition for reinstatement under this | 20 | | subsection (f) if the owner or operator, or any employee or | 21 | | officer of the owner or operator, has a history of repeated | 22 | | violations of federal, State, or local laws, regulations, | 23 | | rules, standards, or ordinances related to the operation of an | 24 | | asphalt shingle recycling facility or site, or a history of | 25 | | gross carelessness or incompetence in the handling, storing, | 26 | | processing, transporting, disposing, or recycling of asphalt |
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| 1 | | shingles. | 2 | | (g) Nothing in this Section shall be construed to prevent | 3 | | the Agency from issuing an informal warning to an owner or | 4 | | operator before issuing a notice of intent to rescind | 5 | | recognition as an eligible shingle recycling facility under | 6 | | subsection (e) of this Section. | 7 | | (h) Sections 10-25 through 10-60 of the Illinois | 8 | | Administrative Procedure Act do not apply to proceedings under | 9 | | this Section, and the orders issued by the Board under this | 10 | | subsection apply in addition to any other remedy or penalty | 11 | | that may be provided under this Act or any other law. | 12 | | No later than January 31 of each year, each recipient of a | 13 | | BUD for asphalt roofing shingles shall submit a report to the | 14 | | Agency that contains the following information: (i) the total | 15 | | quantity of asphalt roofing shingles received under the BUD | 16 | | during the previous calendar year; (ii) the beneficial uses | 17 | | during the previous calendar year of shingles received under | 18 | | the BUD; (iii) the total quantity of shingles used in each | 19 | | beneficial use during the previous calendar year; and (iv) the | 20 | | total quantity and disposition of any shingles received but not | 21 | | beneficially used under the BUD during the previous calendar | 22 | | year. The report must be submitted on a form and in a format | 23 | | prescribed by the Agency. | 24 | | (i) This Section is repealed on February 1, 2023 2018 .
| 25 | | (Source: P.A. 98-542, eff. 1-1-14.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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