Full Text of SB0401 100th General Assembly
SB0401sam001 100TH GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 5/30/2017
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| 1 | | AMENDMENT TO SENATE BILL 401
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 401 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Sections 22.51 and 22.51a as follows: | 6 | | (415 ILCS 5/22.51)
| 7 | | Sec. 22.51. Clean Construction or Demolition Debris Fill | 8 | | Operations. | 9 | | (a) No person shall conduct any clean construction or | 10 | | demolition debris fill operation in violation of this Act or | 11 | | any regulations or standards adopted by the Board. | 12 | | (b)(1)(A) Beginning August 18, 2005 but prior to July 1, | 13 | | 2008, no person shall use clean construction or demolition | 14 | | debris as fill material in a current or former quarry, mine, or | 15 | | other excavation, unless they have applied for an interim | 16 | | authorization from the Agency for the clean construction or |
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| 1 | | demolition debris fill operation. | 2 | | (B) The Agency shall approve an interim authorization upon | 3 | | its receipt of a written application for the interim | 4 | | authorization that is signed by the site owner and the site | 5 | | operator, or their duly authorized agent, and that contains the | 6 | | following information: (i) the location of the site where the | 7 | | clean construction or demolition debris fill operation is | 8 | | taking place, (ii) the name and address of the site owner, | 9 | | (iii) the name and address of the site operator, and (iv) the | 10 | | types and amounts of clean construction or demolition debris | 11 | | being used as fill material at the site. | 12 | | (C) The Agency may deny an interim authorization if the | 13 | | site owner or the site operator, or their duly authorized | 14 | | agent, fails to provide to the Agency the information listed in | 15 | | subsection (b)(1)(B) of
this Section. Any denial of an interim | 16 | | authorization shall be subject to appeal to the Board in | 17 | | accordance with the procedures of Section 40 of this Act. | 18 | | (D) No person shall use clean construction or demolition | 19 | | debris as fill material in a current or former quarry, mine, or | 20 | | other excavation for which the Agency has denied interim | 21 | | authorization under subsection (b)(1)(C) of this Section. The | 22 | | Board may stay the prohibition of this subsection (D) during | 23 | | the pendency of an appeal of the Agency's denial of the interim | 24 | | authorization brought under subsection (b)(1)(C) of this | 25 | | Section. | 26 | | (2) Beginning September 1, 2006, owners and
operators of |
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| 1 | | clean construction or demolition debris fill operations shall, | 2 | | in accordance with a schedule prescribed by the Agency, submit | 3 | | to the Agency applications for the
permits required under this | 4 | | Section. The Agency shall notify owners and operators in | 5 | | writing of the due date for their permit application. The due | 6 | | date shall be no less than 90 days after the date of the | 7 | | Agency's written notification. Owners and operators who do not | 8 | | receive a written notification from the Agency by October 1, | 9 | | 2007, shall submit a permit application to the Agency by | 10 | | January 1, 2008. The interim authorization of owners and | 11 | | operators who fail to submit a permit application to the Agency | 12 | | by the permit application's due date shall terminate on (i) the | 13 | | due
date established by the Agency if the owner or operator | 14 | | received a written notification from the Agency prior to
| 15 | | October 1, 2007, or (ii) or January 1, 2008, if the owner or | 16 | | operator did not receive a written notification from the Agency | 17 | | by October 1, 2007. | 18 | | (3) On and after July 1, 2008, no person shall use clean | 19 | | construction or demolition debris as fill material in a current | 20 | | or former quarry, mine, or other excavation (i) without a | 21 | | permit granted by the Agency for the clean construction or | 22 | | demolition debris fill operation or in violation of any | 23 | | conditions imposed by such permit, including periodic reports | 24 | | and full access to adequate records and the inspection of | 25 | | facilities, as may be necessary to assure compliance with this | 26 | | Act and with Board regulations and standards adopted under this |
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| 1 | | Act or (ii) in violation of any regulations or standards | 2 | | adopted by the Board under this Act. | 3 | | (4) This subsection (b) does not apply to: | 4 | | (A) the use of clean construction or demolition debris | 5 | | as fill material in a current or former quarry, mine, or | 6 | | other excavation located on the site where the clean | 7 | | construction or demolition debris was generated; | 8 | | (B) the use of clean construction or demolition debris | 9 | | as fill material in an excavation other than a current or | 10 | | former quarry or mine if this use complies with Illinois | 11 | | Department of Transportation specifications; or
| 12 | | (C) current or former quarries, mines, and other | 13 | | excavations that do not use clean construction or | 14 | | demolition debris as fill material.
| 15 | | (c) In accordance with Title VII of this Act, the Board may | 16 | | adopt regulations to promote the purposes of this Section. The | 17 | | Agency shall consult with the mining and construction | 18 | | industries during the development of any regulations to promote | 19 | | the purposes of this Section. | 20 | | (1) No later than December 15, 2005, the Agency shall | 21 | | propose to the Board, and no later than September 1, 2006, | 22 | | the Board shall adopt, regulations for the use of clean | 23 | | construction or demolition debris as fill material in | 24 | | current and former quarries, mines, and other excavations. | 25 | | Such regulations shall include, but shall not be limited | 26 | | to, standards for clean construction or demolition debris |
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| 1 | | fill operations and the submission and review of permits | 2 | | required under this Section. | 3 | | (2) Until the Board adopts rules under subsection | 4 | | (c)(1) of this Section, all persons using clean | 5 | | construction or
demolition debris as fill material in a | 6 | | current or former quarry, mine, or other excavation shall: | 7 | | (A) Assure that only clean construction or | 8 | | demolition debris is being used as fill material by | 9 | | screening each truckload of material received using a | 10 | | device approved by the Agency that detects volatile | 11 | | organic compounds. Such devices may include, but are | 12 | | not limited to, photo ionization detectors. All | 13 | | screening devices shall be operated and maintained in | 14 | | accordance with manufacturer's specifications. | 15 | | Unacceptable fill material shall be rejected from the | 16 | | site; and | 17 | | (B) Retain for a minimum of 3 years the following | 18 | | information: | 19 | | (i) The name of the hauler, the name of the | 20 | | generator, and place of origin of the debris or | 21 | | soil; | 22 | | (ii) The approximate weight or volume of the | 23 | | debris or soil; and | 24 | | (iii) The date the debris or soil was received. | 25 | | (d) This Section applies only to clean construction or | 26 | | demolition debris that is not considered "waste" as provided in |
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| 1 | | Section 3.160 of this Act. | 2 | | (e) For purposes of this Section: | 3 | | (1) The term "operator" means a person responsible for | 4 | | the operation and maintenance of a clean construction or | 5 | | demolition debris fill operation. | 6 | | (2) The term "owner" means a person who has any direct | 7 | | or indirect interest in a clean construction or demolition | 8 | | debris fill operation or in land on which a person operates | 9 | | and maintains a clean construction or demolition debris | 10 | | fill operation. A "direct or indirect interest" does not | 11 | | include the ownership of publicly traded stock. The "owner" | 12 | | is the "operator" if there is no other person who is | 13 | | operating and maintaining a clean construction or | 14 | | demolition debris fill operation.
| 15 | | (3) The term "clean construction or demolition debris | 16 | | fill operation" means a current or former quarry, mine, or | 17 | | other excavation where clean construction or demolition | 18 | | debris is used as fill material. | 19 | | (4) The term "uncontaminated soil" shall have the same | 20 | | meaning as uncontaminated soil under Section 3.160 of this | 21 | | Act. | 22 | | (f)(1) No later than one year after the effective date of | 23 | | this amendatory Act of the 96th General Assembly, the Agency | 24 | | shall propose to the Board, and, no later than one year after | 25 | | the Board's receipt of the Agency's proposal, the Board shall | 26 | | adopt, rules for the use of clean construction or demolition |
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| 1 | | debris and uncontaminated soil as fill material at clean | 2 | | construction or demolition debris fill operations. The rules | 3 | | must include standards and procedures necessary to protect | 4 | | groundwater, which may include, but shall not be limited to, | 5 | | the following: requirements regarding testing and | 6 | | certification of soil used as fill material, surface water | 7 | | runoff, liners or other protective barriers, monitoring | 8 | | (including, but not limited to, groundwater monitoring), | 9 | | corrective action, recordkeeping, reporting, closure and | 10 | | post-closure care, financial assurance, post-closure land use | 11 | | controls, location standards, and the modification of existing | 12 | | permits to conform to the requirements of this Act and Board | 13 | | rules. The rules may also include limits on the use of | 14 | | recyclable concrete and asphalt as fill material at clean | 15 | | construction or demolition debris fill operations, taking into | 16 | | account factors such as technical feasibility, economic | 17 | | reasonableness, and the availability of markets for such | 18 | | materials. | 19 | | (2) Until the effective date of the Board rules adopted | 20 | | under subdivision (f)(1) of this Section, and in addition to | 21 | | any other requirements, owners and operators of clean | 22 | | construction or demolition debris fill operations must do all | 23 | | of the following in subdivisions (f)(2)(A) through (f)(2)(D) of | 24 | | this Section for all clean construction or demolition debris | 25 | | and uncontaminated soil accepted for use as fill material. The | 26 | | requirements in subdivisions (f)(2)(A) through (f)(2)(D) of |
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| 1 | | this Section shall not limit any rules adopted by the Board. | 2 | | (A) Document the following information for each load of | 3 | | clean construction or demolition debris or uncontaminated | 4 | | soil received: (i) the name of the hauler, the address of | 5 | | the site of origin, and the owner and the operator of the | 6 | | site of origin of the clean construction or demolition | 7 | | debris or uncontaminated soil, (ii) the weight or volume of | 8 | | the clean construction or demolition debris or | 9 | | uncontaminated soil, and (iii) the date the clean | 10 | | construction or demolition debris or uncontaminated soil | 11 | | was received. | 12 | | (B) For all soil, obtain either (i) a certification | 13 | | from the owner or operator of the site from which the soil | 14 | | was removed that the site has never been used for | 15 | | commercial or industrial purposes and is presumed to be | 16 | | uncontaminated soil or (ii) a certification from a licensed | 17 | | Professional Engineer or licensed Professional Geologist | 18 | | that the soil is uncontaminated soil. Certifications | 19 | | required under this subdivision (f)(2)(B) must be on forms | 20 | | and in a format prescribed by the Agency. | 21 | | (C) Confirm that the clean construction or demolition | 22 | | debris or uncontaminated soil was not removed from a site | 23 | | as part of a cleanup or removal of contaminants, including, | 24 | | but not limited to, activities conducted under the | 25 | | Comprehensive Environmental Response, Compensation, and | 26 | | Liability Act of 1980, as amended; as part of a Closure or |
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| 1 | | Corrective Action under the Resource Conservation and | 2 | | Recovery Act, as amended; or under an Agency remediation | 3 | | program, such as the Leaking Underground Storage Tank | 4 | | Program or Site Remediation Program, but excluding sites | 5 | | subject to Section 58.16 of this Act where there is no | 6 | | presence or likely presence of a release or a substantial | 7 | | threat of a release of a regulated substance at, on, or | 8 | | from the real property. | 9 | | (D) Document all activities required under subdivision | 10 | | (f)(2) of this Section. Documentation of any chemical | 11 | | analysis must include, but is not limited to, (i) a copy of | 12 | | the lab analysis, (ii) accreditation status of the | 13 | | laboratory performing the analysis, and (iii) | 14 | | certification by an authorized agent of the laboratory that | 15 | | the analysis has been performed in accordance with the | 16 | | Agency's rules for the accreditation of environmental | 17 | | laboratories and the scope of accreditation. | 18 | | (3) Owners and operators of clean construction or | 19 | | demolition debris fill operations must maintain all | 20 | | documentation required under subdivision (f)(2) of this | 21 | | Section for a minimum of 3 years following the receipt of each | 22 | | load of clean construction or demolition debris or | 23 | | uncontaminated soil, except that documentation relating to an | 24 | | appeal, litigation, or other disputed claim must be maintained | 25 | | until at least 3 years after the date of the final disposition | 26 | | of the appeal, litigation, or other disputed claim. Copies of |
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| 1 | | the documentation must be made available to the Agency and to | 2 | | units of local government for inspection and copying during | 3 | | normal business hours. The Agency may prescribe forms and | 4 | | formats for the documentation required under subdivision | 5 | | (f)(2) of this Section. | 6 | | Chemical analysis conducted under subdivision (f)(2) of | 7 | | this Section must be conducted in accordance with the | 8 | | requirements of 35 Ill. Adm. Code 742, as amended, and "Test | 9 | | Methods for Evaluating Solid Waste, Physical/Chemical | 10 | | Methods", USEPA Publication No. SW-846, as amended. | 11 | | (4) Within one year after the effective date of this | 12 | | amendatory Act of the 100th General Assembly, the Agency shall | 13 | | propose rules to the Board and the Board shall, within one year | 14 | | thereafter, adopt amendments to the rules adopted under | 15 | | subdivision (f)(1) of this Section to require groundwater | 16 | | monitoring at all clean construction or demolition debris fill | 17 | | operations; provided, however, that groundwater monitoring | 18 | | shall not be required for clean construction or demolition | 19 | | debris facilities which: (A) are located entirely within a | 20 | | groundwater prohibition zone as established by any unit of | 21 | | local government; (B) demonstrate to the agency, and continue | 22 | | to demonstrate to the agency on an annual basis thereafter, | 23 | | that an inward gradient has been established and maintained | 24 | | which prevents the discharge of water flowing through the site | 25 | | into surrounding areas of available drinking water; or (C) | 26 | | apply to the Agency for closure prior to the Board's adoption |
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| 1 | | of rules under this subdivision.
The groundwater monitoring | 2 | | requirements adopted under this subdivision shall be designed | 3 | | to prevent degradation of existing groundwater quality. | 4 | | The groundwater monitoring requirements adopted by the | 5 | | Board under this subdivision shall include, but not be limited | 6 | | to, the following: establishing a baseline determination of | 7 | | groundwater quality in areas surrounding clean construction or | 8 | | demolition debris facilities; establishing a methodology for | 9 | | determining monitoring frequency, the number and location of | 10 | | wells; establishing a methodology for determining post-closure | 11 | | monitoring duration, which shall, in no event, exceed 5 years; | 12 | | installation of the groundwater monitoring system within one | 13 | | year after the Board adopts these rules; remedial action | 14 | | procedures in the event of a degradation of existing | 15 | | groundwater by or as a result of the operation of a clean | 16 | | construction or demolition debris facility; and financial | 17 | | assurance for corrective action, closure and post-closure in | 18 | | the form of a performance bond or other security instrument. | 19 | | The Board may also create an exception or exclusion to the | 20 | | groundwater monitoring requirements for clean construction or | 21 | | demolition debris facilities that are located a sufficient | 22 | | distance from a potable water source so as to create no | 23 | | reasonable threat of contamination to available groundwater. | 24 | | (g)(1) No person shall use soil other than uncontaminated | 25 | | soil as fill material at a clean construction or demolition | 26 | | debris fill operation. |
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| 1 | | (2) No person shall use construction or demolition debris | 2 | | other than clean construction or demolition debris as fill | 3 | | material at a clean construction or demolition debris fill | 4 | | operation.
| 5 | | (Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.) | 6 | | (415 ILCS 5/22.51a) | 7 | | Sec. 22.51a. Uncontaminated Soil Fill Operations. | 8 | | (a) For purposes of this Section: | 9 | | (1) The term "uncontaminated soil" shall have the same | 10 | | meaning as uncontaminated soil under Section 3.160 of this | 11 | | Act. | 12 | | (2) The term "uncontaminated soil fill operation" | 13 | | means a current or former quarry, mine, or other excavation | 14 | | where uncontaminated soil is used as fill material, but | 15 | | does not include a clean construction or demolition debris | 16 | | fill operation. | 17 | | (b) No person shall use soil other than uncontaminated soil | 18 | | as fill material at an uncontaminated soil fill operation. | 19 | | (c) Owners and operators of uncontaminated soil fill | 20 | | operations must register the fill operations with the Agency. | 21 | | Uncontaminated soil fill operations that received | 22 | | uncontaminated soil prior to the effective date of this | 23 | | amendatory Act of the 96th General Assembly must be registered | 24 | | with the Agency no later than March 31, 2011. Uncontaminated | 25 | | soil fill operations that first receive uncontaminated soil on |
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| 1 | | or after the effective date of this amendatory Act of the 96th | 2 | | General Assembly must be registered with the Agency prior to | 3 | | the receipt of any uncontaminated soil. Registrations must be | 4 | | submitted on forms and in a format prescribed by the Agency. | 5 | | (d)(1) No later than one year after the effective date of | 6 | | this amendatory Act of the 96th General Assembly, the Agency | 7 | | shall propose to the Board, and, no later than one year after | 8 | | the Board's receipt of the Agency's proposal, the Board shall | 9 | | adopt, rules for the use of uncontaminated soil as fill | 10 | | material at uncontaminated soil fill operations. The rules must | 11 | | include standards and procedures necessary to protect | 12 | | groundwater, which shall include, but shall not be limited to, | 13 | | testing and certification of soil used as fill material and | 14 | | requirements for recordkeeping. | 15 | | (2) Until the effective date of the Board rules adopted | 16 | | under subdivision (d)(1) of this Section, owners and operators | 17 | | of uncontaminated soil fill operations must do all of the | 18 | | following in subdivisions (d)(2)(A) through (d)(2)(F) of this | 19 | | Section for all uncontaminated soil accepted for use as fill | 20 | | material. The requirements in subdivisions (d)(2)(A) through | 21 | | (d)(2)(F) of this Section shall not limit any rules adopted by | 22 | | the Board. | 23 | | (A) Document the following information for each load of | 24 | | uncontaminated soil received: (i) the name of the hauler, | 25 | | the address of the site of origin, and the owner and the | 26 | | operator of the site of origin of the uncontaminated soil, |
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| 1 | | (ii) the weight or volume of the uncontaminated soil, and | 2 | | (iii) the date the uncontaminated soil was received. | 3 | | (B) Obtain either (i) a certification from the owner or | 4 | | operator of the site from which the soil was removed that | 5 | | the site has never been used for commercial or industrial | 6 | | purposes and is presumed to be uncontaminated soil or (ii) | 7 | | a certification from a licensed Professional Engineer or a | 8 | | licensed Professional Geologist that the soil is | 9 | | uncontaminated soil. Certifications required under this | 10 | | subdivision (d)(2)(B) must be on forms and in a format | 11 | | prescribed by the Agency. | 12 | | (C) Confirm that the uncontaminated soil was not | 13 | | removed from a site as part of a cleanup or removal of | 14 | | contaminants, including, but not limited to, activities | 15 | | conducted under the Comprehensive Environmental Response, | 16 | | Compensation, and Liability Act of 1980, as amended; as | 17 | | part of a Closure or Corrective Action under the Resource | 18 | | Conservation and Recovery Act, as amended; or under an | 19 | | Agency remediation program, such as the Leaking | 20 | | Underground Storage Tank Program or Site Remediation | 21 | | Program, but excluding sites subject to Section 58.16 of | 22 | | this Act where there is no presence or likely presence of a | 23 | | release or a substantial threat of a release of a regulated | 24 | | substance at, on, or from the real property. | 25 | | (D) Visually inspect each load to confirm that only | 26 | | uncontaminated soil is being accepted for use as fill |
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| 1 | | material. | 2 | | (E) Screen each load of uncontaminated soil using a | 3 | | device that is approved by the Agency and detects volatile | 4 | | organic compounds. Such a device may include, but is not | 5 | | limited to, a photo ionization detector or a flame | 6 | | ionization detector. All screening devices shall be | 7 | | operated and maintained in accordance with the | 8 | | manufacturer's specifications. Unacceptable soil must be | 9 | | rejected from the fill operation. | 10 | | (F) Document all activities required under subdivision | 11 | | (d)(2) of this Section. Documentation of any chemical | 12 | | analysis must include, but is not limited to, (i) a copy of | 13 | | the lab analysis, (ii) accreditation status of the | 14 | | laboratory performing the analysis, and (iii) | 15 | | certification by an authorized agent of the laboratory that | 16 | | the analysis has been performed in accordance with the | 17 | | Agency's rules for the accreditation of environmental | 18 | | laboratories and the scope of accreditation. | 19 | | (3) Owners and operators of uncontaminated soil fill | 20 | | operations must maintain all documentation required under | 21 | | subdivision (d)(2) of this Section for a minimum of 3 years | 22 | | following the receipt of each load of uncontaminated soil, | 23 | | except that documentation relating to an appeal, litigation, or | 24 | | other disputed claim must be maintained until at least 3 years | 25 | | after the date of the final disposition of the appeal, | 26 | | litigation, or other disputed claim. Copies of the |
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| 1 | | documentation must be made available to the Agency and to units | 2 | | of local government for inspection and copying during normal | 3 | | business hours. The Agency may prescribe forms and formats for | 4 | | the documentation required under subdivision (d)(2) of this | 5 | | Section. | 6 | | Chemical analysis conducted under subdivision (d)(2) of | 7 | | this Section must be conducted in accordance with the | 8 | | requirements of 35 Ill. Adm. Code 742, as amended, and "Test | 9 | | Methods for Evaluating Solid Waste, Physical/Chemical | 10 | | Methods", USEPA Publication No. SW-846, as amended.
| 11 | | (4) Within one year after the effective date of this | 12 | | amendatory Act of the 100th General Assembly, the Agency shall | 13 | | propose rules to the Board and the Board shall, within one year | 14 | | thereafter, adopt amendments to the rules adopted under | 15 | | subdivision (d)(1) of this Section to require groundwater | 16 | | monitoring at all uncontaminated clean soil fill operations; | 17 | | provided, however, that groundwater monitoring shall not be | 18 | | required for uncontaminated clean soil fill operations which: | 19 | | (A) are located entirely within a groundwater prohibition zone | 20 | | as established by any unit of local government; (B) demonstrate | 21 | | to the agency, and continue to demonstrate to the agency on an | 22 | | annual basis thereafter, that an inward gradient has been | 23 | | established and maintained which prevents the discharge of | 24 | | water flowing through the site into surrounding areas of | 25 | | available drinking water; or (C) apply to the Agency for | 26 | | closure prior to the Board's adoption of rules under this |
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| 1 | | subdivision. | 2 | | The groundwater monitoring requirements adopted under this | 3 | | subdivision shall be designed to prevent degradation of | 4 | | existing groundwater quality. The groundwater monitoring | 5 | | requirements adopted by the Board under this subdivision shall | 6 | | include, but not be limited to, the following: establishing a | 7 | | baseline determination of groundwater quality in areas | 8 | | surrounding uncontaminated clean soil fill operations; | 9 | | establishing a methodology for determining monitoring | 10 | | frequency, the number and location of wells; establishing a | 11 | | methodology for determining post-closure monitoring duration, | 12 | | which shall, in no event, exceed 5 years; installation of the | 13 | | groundwater monitoring system within one year after the Board | 14 | | adopts these rules; remedial action procedures in the event of | 15 | | a degradation of existing groundwater by or as a result of the | 16 | | operation of an uncontaminated clean soil facility; and | 17 | | financial assurance for corrective action, closure and | 18 | | post-closure in the form of a performance bond or other | 19 | | security instrument. The Board may also create an exception or | 20 | | exclusion to the groundwater monitoring requirements for | 21 | | uncontaminated clean soil operations that are located a | 22 | | sufficient distance from a potable water source so as to create | 23 | | no reasonable threat of contamination to available | 24 | | groundwater. | 25 | | (Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)".
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