Full Text of SB1909 94th General Assembly
SB1909enr 94TH GENERAL ASSEMBLY
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LRB094 09267 RSP 39503 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Sections 3.135 and 39 and by adding Section 9.14 as | 6 |
| follows:
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| (415 ILCS 5/3.135) (was 415 ILCS 5/3.94)
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| Sec. 3.135. Coal combustion by-product; CCB.
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| (a) "Coal combustion
by-product" (CCB) means coal | 10 |
| combustion waste when used beneficially in
for any of
the | 11 |
| following ways
purposes : | 12 |
| (1) The extraction or recovery of material compounds | 13 |
| contained within CCB.
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| (2) The use of CCB as a raw ingredient or mineral | 15 |
| filler in the
manufacture of the following commercial | 16 |
| products: cement; concrete and concrete mortars; | 17 |
| cementious
concrete products
including block, pipe and | 18 |
| precast/prestressed components; asphalt or cementious
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| cement
based roofing products
shingles ; plastic products | 20 |
| including pipes and fittings; paints
and metal alloys ; kiln | 21 |
| fired products including bricks, blocks, and tiles; | 22 |
| abrasive media; gypsum wallboard; asphaltic concrete, or | 23 |
| asphalt based paving material . | 24 |
| (3) CCB used (A) in accordance
conformance with the | 25 |
| Illinois Department of Transportation ("IDOT") standard
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| specifications and subsection (a-5) of this Section or (B)
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| and
under the
approval of the Department of Transportation | 28 |
| for IDOT projects .
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| (4) Bottom ash used as antiskid material, athletic | 30 |
| tracks, or foot paths.
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| (5) Use as a substitute for lime (CaO and MgO) in the | 32 |
| lime
stabilization or modification of
soils providing the |
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| CCB meets the IDOT
Illinois Department of Transportation
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| ("IDOT")
specifications for soil modifiers
byproduct | 3 |
| limes .
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| (6) CCB used as a functionally equivalent substitute | 5 |
| for agricultural lime
as a soil conditioner.
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| (7) Bottom ash used in non-IDOT pavement sub-base or
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| base, pipe bedding, or foundation
backfill.
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| (8) Structural fill, when used in an engineered | 9 |
| application or combined
with cement, sand, or water to | 10 |
| produce a controlled strength fill material
and covered | 11 |
| with 12 inches of soil unless infiltration is prevented by | 12 |
| the
material itself or other cover material.
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| (9) Mine subsidence, mine fire control, mine sealing, | 14 |
| and mine reclamation. | 15 |
| (a-5)
(10) Except to the extent that the uses are otherwise | 16 |
| authorized by law
without such restrictions, the uses specified | 17 |
| in items (a)(3)(A) and (a) (7) through (9) shall be subject to | 18 |
| the
following conditions:
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| (A) CCB shall not have been mixed with hazardous waste | 20 |
| prior to use .
;
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| (B) CCB shall not exceed Class I Groundwater Standards | 22 |
| for
metals when
tested utilizing test method ASTM D3987-85 . | 23 |
| The sample or samples tested shall be representative of the | 24 |
| CCB being considered for use. ;
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| (C) Unless otherwise exempted, users of CCB for the | 26 |
| purposes described in items (a)(3)(A) and (a)(7) through | 27 |
| (9) of this Section shall provide notification
to the | 28 |
| Agency for each project utilizing CCB documenting the | 29 |
| quantity of CCB
utilized and certification of compliance | 30 |
| with conditions (A) and (B) of this subsection .
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| Notification shall not be required for users of CCB for | 32 |
| purposes described in items (a)(1), (a)(2), (a)(3)(B), | 33 |
| (a)(4), (a)(5) and (a)(6) of this Section, or as required | 34 |
| specifically under a beneficial use determination as | 35 |
| provided under this Section, or pavement base, parking lot | 36 |
| base, or
building base projects utilizing less than 10,000 |
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| tons, flowable fill/grout
projects utilizing less than | 2 |
| 1,000 cubic yards or other applications utilizing
less than | 3 |
| 100 tons .
;
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| (D) Fly ash shall be managed
applied in a manner that | 5 |
| minimizes the generation
of airborne particles and dust | 6 |
| using techniques such as moisture conditioning,
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| granulating, inground application, or other demonstrated | 8 |
| method .
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and
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| (E) CCB is not to be accumulated speculatively. CCB is | 10 |
| not accumulated
speculatively if during the calendar year, | 11 |
| the CCB used is equal to 75% of the
CCB by weight or volume | 12 |
| accumulated at the beginning of the period.
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| (F) CCB shall include any prescribed mixture of fly | 14 |
| ash, bottom ash, boiler slag, flue gas desulfurization | 15 |
| scrubber sludge, fluidized bed combustion ash, and stoker | 16 |
| boiler ash and shall be tested as intended for use.
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| (b) To encourage and promote the utilization of CCB in | 18 |
| productive and beneficial
applications, upon request by the | 19 |
| applicant, the Agency shall
may make a written beneficial use | 20 |
| determination
determination that coal-combustion
waste is CCB | 21 |
| when used in a manner other than those uses specified in | 22 |
| subsection (a) of
that specified in this Section if the | 23 |
| applicant demonstrates that use of the coal-combustion waste | 24 |
| satisfies all of the following criteria: the use will not | 25 |
| cause, threaten, or allow the discharge of any contaminant into | 26 |
| the environment; the use will otherwise protect human health | 27 |
| and safety and the environment; and the use constitutes a | 28 |
| legitimate use of the coal-combustion waste as an ingredient or | 29 |
| raw material that is an effective substitute for an analogous | 30 |
| ingredient or raw material
if
the use has been shown to have no | 31 |
| adverse environmental impact greater than the
beneficial uses | 32 |
| specified, in consultation with the Department of Mines and
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| Minerals, the Illinois Clean Coal Institute, the Department of | 34 |
| Transportation,
and such other agencies as may be appropriate .
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| The Agency's beneficial use determinations may allow the | 36 |
| uses set forth in items (a)(3)(A) and (a)(7) through (9) of |
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| this Section without the CCB being subject to the restrictions | 2 |
| set forth in subdivisions (a-5)(B) and (a-5)(E) of this | 3 |
| Section.
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| Within 90 days after the receipt of an application for a | 5 |
| beneficial use determination under this subsection (b), the | 6 |
| Agency shall, in writing, approve, disapprove, or approve with | 7 |
| conditions the beneficial use. Any disapproval or approval with | 8 |
| conditions shall include the Agency's reasons for the | 9 |
| disapproval or conditions. Failure of the Agency to issue a | 10 |
| decision within 90 days shall constitute disapproval of the | 11 |
| beneficial use request. These beneficial use determinations | 12 |
| are subject to review under Section 40 of this Act.
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| Any approval of a beneficial use under this subsection (b) | 14 |
| shall become effective upon the date of the Agency's written | 15 |
| decision and remain in effect for a period of 5 years. If an | 16 |
| applicant desires to continue a beneficial use after the | 17 |
| expiration of the 5-year period, the applicant must submit an | 18 |
| application for renewal no later than 90 days prior to the | 19 |
| expiration. The beneficial use approval shall be automatically | 20 |
| extended unless denied by the Agency in writing with the | 21 |
| Agency's reasons for disapproval, or unless the Agency has | 22 |
| requested an extension for review, in which case the use will | 23 |
| continue to be allowed until an Agency determination is made. | 24 |
| Coal-combustion waste for which a beneficial use is | 25 |
| approved pursuant to this subsection (b) shall be considered | 26 |
| CCB during the effective period of the approval, as long as it | 27 |
| is used in accordance with the approval and any conditions. | 28 |
| Notwithstanding the other provisions of this subsection | 29 |
| (b), written beneficial use determination applications for the | 30 |
| use of CCB at sites governed by the federal Surface Mining | 31 |
| Control and Reclamation Act of 1977 (P.L. 95-87) or the rules | 32 |
| and regulations thereunder, or by any law or rule or regulation | 33 |
| adopted by the State of Illinois pursuant thereto, shall be | 34 |
| reviewed and approved by the Office of Mines and Minerals | 35 |
| within the Department of Natural Resources pursuant to 62 Ill. | 36 |
| Adm. Code §§ 1700-1850. Further, appeals of those |
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| determinations shall be made pursuant to the Illinois | 2 |
| Administrative Review Law.
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| The Board shall adopt rules establishing standards and | 4 |
| procedures for the Agency's issuance of beneficial use | 5 |
| determinations under this subsection (b). The Board rules may | 6 |
| also, but are not required to, include standards and procedures | 7 |
| for the revocation of the beneficial use determinations. Prior | 8 |
| to the effective date of Board rules adopted under this | 9 |
| subsection (b), the Agency is authorized to make beneficial use | 10 |
| determinations in accordance with this subsection (b). | 11 |
| The Agency is authorized to prepare and distribute guidance | 12 |
| documents relating to its administration of this Section. | 13 |
| Guidance documents prepared under this subsection are not rules | 14 |
| for the purposes of the Illinois Administrative Procedure Act.
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| (Source: P.A. 92-574, eff. 6-26-02.)
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