Full Text of SB3003 96th General Assembly
SB3003 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3003
Introduced 2/4/2010, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED: |
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Amends the Environmental Protection Act. Makes technical changes to a provision concerning facilities that accept exclusively general construction or demolition debris for transfer, storage, or treatment.
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A BILL FOR
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SB3003 |
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LRB096 19994 JDS 35479 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 Section 22.38 as follows:
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| (415 ILCS 5/22.38)
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| Sec. 22.38. Facilities accepting exclusively general | 8 |
| construction or
demolition debris
for transfer, storage, or | 9 |
| treatment.
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| (a) Facilities accepting exclusively general construction | 11 |
| or demolition
debris for
transfer, storage, or treatment shall | 12 |
| be subject to local zoning, ordinance,
and 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
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| property zoned for primarily residential use.
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| (b) An owner or operator of a facility accepting | 19 |
| exclusively general
construction or demolition debris for | 20 |
| transfer, storage, or treatment shall:
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| (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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| 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.
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| (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
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| accordance with all applicable federal, State, and local | 10 |
| requirements within 72
hours of its receipt at the | 11 |
| facility.
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| (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.
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| (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.
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| (5) Within within 45 days of its receipt at the | 24 |
| facility, transport Transport (i) all putrescible or | 25 |
| combustible recyclable general
construction or demolition | 26 |
| debris
(excluding recovered wood that is processed for use |
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SB3003 |
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LRB096 19994 JDS 35479 b |
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| as fuel) for recycling or disposal ; and (ii) all recovered | 2 |
| wood that is processed for use as fuel to an intermediate | 3 |
| processing facility for sizing, to a combustion facility | 4 |
| for use as fuel, or to a disposal facility ; .
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| (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.
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| (7) Control odor, noise, combustion of materials, | 10 |
| disease vectors, dust,
and litter.
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| (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.
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| (9) Control access to the facility.
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| (10) Comply with all applicable federal, State, or | 16 |
| local requirements for
the handling, storage, | 17 |
| transportation, or disposal of asbestos-containing
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| material or other material accepted at the
facility that is | 19 |
| not general construction or demolition debris.
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| (11) Prior to August 24, 2009 ( the effective date of | 21 |
| Public Act 96-611) this amendatory Act of the 96th General | 22 |
| Assembly , submit to the Agency at least 30 days prior to | 23 |
| the initial acceptance
of general construction or | 24 |
| demolition debris at the facility, on forms provided
by the | 25 |
| Agency, the following information:
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| (A) the name, address, and telephone number of both |
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| the facility owner
and operator;
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| (B) the street address and location of the | 3 |
| facility;
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| (C) a description of facility operations;
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| (D) a description of the tagging and recordkeeping | 6 |
| procedures the
facility will employ to (i) demonstrate | 7 |
| compliance with this Section and (ii)
identify the | 8 |
| source and transporter of any material accepted by the | 9 |
| facility;
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| (E) the name and location of the disposal sites to | 11 |
| be used for the
disposal of any general construction or | 12 |
| demolition debris received at the facility that must be | 13 |
| disposed of;
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| (F) the name and location of an individual, | 15 |
| facility, or business to
which recyclable materials | 16 |
| will be transported;
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| (G) the name and location of intermediate | 18 |
| processing facilities or combustion facilities to | 19 |
| which recovered wood that is processed for use as fuel | 20 |
| will be transported; and
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| (H) other information as specified on the form | 22 |
| provided by the Agency.
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| (12) On or after August 24, 2009 ( the effective date of | 24 |
| Public Act 96-611) this amendatory Act of the 96th General | 25 |
| Assembly , obtain a permit issued by the Agency prior to the | 26 |
| initial acceptance of general construction or demolition |
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| debris at the facility.
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| When any of the information contained or processes | 3 |
| described in the initial
notification form submitted to the | 4 |
| Agency changes, the owner and operator shall
submit an | 5 |
| updated form within 14 days of the change.
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| (c) For purposes of this Section, the term "recyclable | 7 |
| general
construction or demolition debris" means general | 8 |
| construction or demolition
debris that has been rendered | 9 |
| reusable and is reused or that would otherwise
be disposed of | 10 |
| or discarded but is collected, separated, or processed and
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| returned to the economic mainstream in the form of raw | 12 |
| materials or products.
"Recyclable general construction or | 13 |
| demolition debris" does not include general
construction or | 14 |
| demolition debris processed for use as fuel, incinerated,
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| burned, buried, or otherwise used as fill material.
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| (d) For purposes of this Section, "treatment" means | 17 |
| processing
designed to alter the physical nature of the general | 18 |
| construction or
demolition debris, including but not limited to | 19 |
| size reduction, crushing,
grinding, or
homogenization, but | 20 |
| does not include processing designed to change the chemical
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| nature of the general construction or demolition debris.
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| (e) For purposes of this Section, "recovered wood that is | 23 |
| processed for use as fuel" means wood that has been salvaged | 24 |
| from general construction or demolition debris and processed | 25 |
| for use as fuel, as authorized by the applicable state or | 26 |
| federal environmental regulatory authority, and supplied only |
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| to intermediate processing facilities for sizing, or to | 2 |
| combustion facilities for use as fuel, that have obtained all | 3 |
| necessary waste management and air permits for handling and | 4 |
| combustion of the fuel. | 5 |
| (f) For purposes of this Section, "non-recyclable general | 6 |
| construction or demolition debris" does not include "recovered | 7 |
| wood that is processed for use as fuel". | 8 |
| (g) Recyclable general construction or demolition debris | 9 |
| or recovered wood that is processed for use as fuel that is | 10 |
| sent for disposal at the end of the applicable retention period | 11 |
| shall not be considered as meeting the 75% diversion | 12 |
| requirement for purposes of subdivision (b)(3) of this Section. | 13 |
| (Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09; | 14 |
| revised 9-15-09.)
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