Full Text of HB1326 97th General Assembly
HB1326enr 97TH 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 22.38 as follows:
| 6 | | (415 ILCS 5/22.38)
| 7 | | Sec. 22.38. Facilities accepting exclusively general | 8 | | construction or
demolition debris
for transfer, storage, or | 9 | | treatment.
| 10 | | (a) Facilities accepting exclusively general construction | 11 | | or demolition
debris for
transfer, storage, or treatment shall | 12 | | be subject to local zoning, ordinance,
and
land use | 13 | | requirements.
Those facilities shall be located in accordance | 14 | | with local zoning requirements
or, in the absence of local | 15 | | zoning requirements, shall be located so that no
part of the | 16 | | facility boundary is closer than 1,320 feet from the nearest
| 17 | | property zoned for primarily residential use.
| 18 | | (b) An owner or operator of a facility accepting | 19 | | exclusively general
construction or demolition debris for | 20 | | transfer, storage, or treatment shall:
| 21 | | (1) Within 48 hours of receipt of the general | 22 | | construction or demolition
debris at the facility, sort the | 23 | | general construction or demolition debris to
separate the
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| 1 | | recyclable general construction or demolition debris and | 2 | | recovered wood that is processed for use as fuel from | 3 | | non-recyclable
general construction or demolition debris | 4 | | to be disposed of or discarded.
| 5 | | (2) Transport off site for disposal all non-recyclable | 6 | | general
construction or demolition debris that is neither | 7 | | recyclable general construction or demolition debris nor | 8 | | recovered wood that is processed for use as fuel in
| 9 | | accordance with all applicable federal, State, and local | 10 | | requirements within 72
hours of its receipt at the | 11 | | facility.
| 12 | | (3) Limit the percentage of incoming non-recyclable | 13 | | general construction
or demolition debris to 25% or
less of | 14 | | the total incoming general construction or demolition | 15 | | debris,
as calculated on a daily basis, so that 75% or more | 16 | | of the general construction or demolition debris accepted | 17 | | on a daily basis consists of recyclable general | 18 | | construction or demolition debris, recovered wood that is | 19 | | processed for use as fuel, or both.
| 20 | | (4) Transport all non-putrescible recyclable general | 21 | | construction or
demolition debris
for recycling or | 22 | | disposal within 6 months of its receipt at the facility.
| 23 | | (5) Within 45 days of its receipt at the facility, | 24 | | transport (i) all putrescible or combustible recyclable | 25 | | general
construction or demolition debris
(excluding | 26 | | recovered wood that is processed for use as fuel) for |
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| 1 | | recycling or disposal and (ii) all recovered wood that is | 2 | | processed for use as fuel to an intermediate processing | 3 | | facility for sizing, to a combustion facility for use as | 4 | | fuel, or to a disposal facility.
| 5 | | (6) Employ tagging and recordkeeping procedures to (i) | 6 | | demonstrate
compliance
with this Section and (ii) identify | 7 | | the source and transporter of material
accepted by the | 8 | | facility.
| 9 | | (7) Control odor, noise, combustion of materials, | 10 | | disease vectors, dust,
and litter.
| 11 | | (8) Control, manage, and dispose of any storm water | 12 | | runoff and leachate
generated at the facility in accordance | 13 | | with applicable federal, State, and
local requirements.
| 14 | | (9) Control access to the facility.
| 15 | | (10) Comply with all applicable federal, State, or | 16 | | local requirements for
the handling, storage, | 17 | | transportation, or disposal of asbestos-containing
| 18 | | material or other material accepted at the
facility that is | 19 | | not general construction or demolition debris.
| 20 | | (11) Prior to August 24, 2009 (the effective date of | 21 | | Public Act 96-611), submit to the Agency at least 30 days | 22 | | prior to the initial acceptance
of general construction or | 23 | | demolition debris at the facility, on forms provided
by the | 24 | | Agency, the following information:
| 25 | | (A) the name, address, and telephone number of both | 26 | | the facility owner
and operator;
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| 1 | | (B) the street address and location of the | 2 | | facility;
| 3 | | (C) a description of facility operations;
| 4 | | (D) a description of the tagging and recordkeeping | 5 | | procedures the
facility will employ to (i) demonstrate | 6 | | compliance with this Section and (ii)
identify the | 7 | | source and transporter of any material accepted by the | 8 | | facility;
| 9 | | (E) the name and location of the disposal sites to | 10 | | be used for the
disposal of any general construction or | 11 | | demolition debris received at the facility that must be | 12 | | disposed of;
| 13 | | (F) the name and location of an individual, | 14 | | facility, or business to
which recyclable materials | 15 | | will be transported;
| 16 | | (G) the name and location of intermediate | 17 | | processing facilities or combustion facilities to | 18 | | which recovered wood that is processed for use as fuel | 19 | | will be transported; and
| 20 | | (H) other information as specified on the form | 21 | | provided by the Agency.
| 22 | | (12) On or after August 24, 2009 (the effective date of | 23 | | Public Act 96-611), obtain a permit issued by the Agency | 24 | | prior to the initial acceptance of general construction or | 25 | | demolition debris at the facility.
| 26 | | When any of the information contained or processes |
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| 1 | | described in the initial
notification form submitted to the | 2 | | Agency changes, the owner and operator shall
submit an | 3 | | updated form within 14 days of the change.
| 4 | | (c) For purposes of this Section, the term "recyclable | 5 | | general
construction or demolition debris" means general | 6 | | construction or demolition
debris that has been rendered | 7 | | reusable and is reused or that would otherwise
be disposed of | 8 | | or discarded but is collected, separated, or processed and
| 9 | | returned to the economic mainstream in the form of raw | 10 | | materials or products.
"Recyclable general construction or | 11 | | demolition debris" does not include general
construction or | 12 | | demolition debris processed for use as fuel, incinerated,
| 13 | | burned, buried, or otherwise used as fill material.
| 14 | | (d) For purposes of this Section, "treatment" means | 15 | | processing
designed to alter the physical nature of the general | 16 | | construction or
demolition debris, including but not limited to | 17 | | size reduction, crushing,
grinding, or
homogenization, but | 18 | | does not include processing designed to change the chemical
| 19 | | nature of the general construction or demolition debris.
| 20 | | (e) For purposes of this Section, "recovered wood that is | 21 | | processed for use as fuel" means wood that has been salvaged | 22 | | from general construction or demolition debris and processed | 23 | | for use as fuel, as authorized by the applicable state or | 24 | | federal environmental regulatory authority, and supplied only | 25 | | to intermediate processing facilities for sizing, or to | 26 | | combustion facilities for use as fuel, that have obtained all |
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| 1 | | necessary waste management and air permits for handling and | 2 | | combustion of the fuel. | 3 | | (f) For purposes of this Section, "non-recyclable general | 4 | | construction or demolition debris" does not include "recovered | 5 | | wood that is processed for use as fuel". | 6 | | (g) Recyclable general construction or demolition debris | 7 | | or recovered wood that is processed for use as fuel that is | 8 | | sent for disposal at the end of the applicable retention period | 9 | | shall not be considered as meeting the 75% diversion | 10 | | requirement for purposes of subdivision (b)(3) of this Section. | 11 | | (h) For purposes of the 75% diversion requirement under | 12 | | subdivision (b)(3) of this Section, owners and operators of | 13 | | facilities accepting exclusively general construction or | 14 | | demolition debris for transfer, storage, or treatment may | 15 | | multiply by 2 the amount of accepted asphalt roofing shingles | 16 | | that are transferred to a facility for recycling in accordance | 17 | | with a beneficial use determination issued under Section 22.54 | 18 | | of this Act. The owner or operator of the facility accepting | 19 | | exclusively general construction or demolition debris for | 20 | | transfer, storage, or treatment must maintain receipts from the | 21 | | shingle recycling facility that document the amounts of asphalt | 22 | | roofing shingles transferred for recycling in accordance with | 23 | | the beneficial use determination. All receipts must be | 24 | | maintained for a minimum of 3 years and must be made available | 25 | | to the Agency for inspection and copying during normal business | 26 | | hours. |
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| 1 | | (Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09; | 2 | | 96-1000, eff. 7-2-10.)
| 3 | | Section 10. The Illinois Highway Code is amended by adding | 4 | | Sections 4-221 and 4-222 as follows: | 5 | | (605 ILCS 5/4-221 new) | 6 | | Sec. 4-221. Mix designs. To the extent allowed by federal | 7 | | law, the Department specifications shall allow the use of | 8 | | recycled asphalt roofing shingles received from facilities | 9 | | authorized to process asphalt roofing shingles for recycling | 10 | | into asphalt pavement in accordance with (i) permits issued | 11 | | pursuant to Section 39 of the Environmental Protection Act or | 12 | | (ii) beneficial use determinations issued pursuant to Section | 13 | | 22.54 of the Environmental Protection Act. In creating the mix | 14 | | designs used for construction and maintenance of State | 15 | | highways, it shall be the goal of the Department, through its | 16 | | specifications, to maximize the percentage of recycled asphalt | 17 | | roofing shingles and binder replacement and to maximize the use | 18 | | of recycled aggregates and other lowest-cost constituents in | 19 | | the mix so long as there is no detrimental impact on life-cycle | 20 | | costs. | 21 | | (605 ILCS 5/4-222 new) | 22 | | Sec. 4-222. Recycled asphalt roofing shingles; cost | 23 | | savings; prohibitions on use in asphalt paving. |
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| 1 | | (a) It shall be the goal of the Department, with regard to | 2 | | its asphalt paving projects and to the extent possible, to | 3 | | reduce the carbon footprint and reduce average costs by | 4 | | maximizing the percentage use of recycled materials or lowest | 5 | | cost alternative materials and extending the paving season so | 6 | | long as there is no detrimental impact on life-cycle costs. In | 7 | | furtherance of these goals, the Department shall provide to the | 8 | | Chairpersons of the Transportation Committee in each | 9 | | legislative chamber, within 60 days after the completion of | 10 | | each fiscal year, a written report of the activities initiated | 11 | | or abandoned in each district or region within the Department | 12 | | to meet those goals during the previous year. The report shall | 13 | | also include an analysis of the cost savings directly or | 14 | | indirectly attributed to those activities within each district | 15 | | or region. Upon review of the annual report, the Transportation | 16 | | Committees in each chamber may conduct hearings and provide | 17 | | recommendations to the Department regarding the performance of | 18 | | each district or region. | 19 | | (b) No producer of asphalt pavement, operating pursuant to | 20 | | an air permit issued by the Illinois Environmental Protection | 21 | | Agency, shall use recycled asphalt roofing shingles in its | 22 | | pavement product unless the shingles have been processed for | 23 | | recycling into asphalt pavement in accordance with (i) permits | 24 | | issued pursuant to Section 39 of the Environmental Protection | 25 | | Act or (ii) beneficial use determinations issued pursuant to | 26 | | Section 22.54 of the Environmental Protection Act. The |
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| 1 | | prohibition in this subsection (b) shall apply in addition to | 2 | | any other rules, specifications, or other requirements adopted | 3 | | by the Department regarding the use of asphalt roofing shingles | 4 | | in pavement product.
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