415 ILCS 5/22.38

(415 ILCS 5/22.38)

Sec. 22.38. General construction or demolition debris recovery facilities.

(a) General construction or demolition debris recovery facilities shall be subject to local zoning, ordinance, and land use requirements. General construction or demolition debris recovery facilities shall be located in accordance with local zoning requirements or, in the absence of local zoning requirements, shall be located so that no part of the facility boundary is closer than 1,320 feet from the nearest property zoned for primarily residential use.

(b) An owner or operator of a general construction or demolition debris recovery facility shall:

(0.5) Ensure that no less than 40% of the total general construction or demolition debris received at the facility on a rolling 12-month average basis is recyclable general construction or demolition debris as defined in subsection (c). The percentage in this paragraph (0.5) of subsection (b) shall be calculated by weight.

(1) Within 48 hours after receipt of the general construction or demolition debris at the facility, sort the general construction or demolition debris to separate the (i) recyclable general construction or demolition debris and (ii) wood being recovered for use as fuel from all other general construction or demolition debris.

(2) Transport off site for disposal, in accordance with all applicable federal, State, and local requirements, within 72 hours after its receipt at the facility, all general construction or demolition debris that is not (i) recyclable general construction or demolition debris or (ii) wood being recovered for use as fuel.

(3) Use best management practices to identify and remove all drywall and other wallboard containing gypsum from the (i) recyclable general construction or demolition debris and (ii) wood being recovered for use as fuel, prior to any mechanical sorting, separating, grinding, or other processing.

(4) Within 45 calendar days after receipt, transport off-site all putrescible recyclable general construction or demolition debris and all wood recovered for use as fuel.

(5) Within 6 months after receipt, transport off-site all non-putrescible recyclable general construction or demolition debris.

(6) Employ tagging and recordkeeping procedures to, at a minimum, (i) demonstrate compliance with this Section, (ii) identify the type, amount, source, and transporter of material accepted by the facility, and (iii) identify the type, amount, destination, and transporter of material transported from the facility. Records shall be maintained in a form and format prescribed by the Agency, and beginning October 1, 2021, no later than every October 1, January 1, April 1, and July 1 thereafter the records shall be summarized in quarterly reports submitted to the Agency in a form and format prescribed by the Agency.

(7) Control odor, noise, combustion of materials, disease vectors, dust, and litter.

(8) Control, manage, and dispose of any storm water runoff and leachate generated at the facility in accordance with applicable federal, State, and local requirements.

(9) Control access to the facility.

(10) Comply with all applicable federal, State, or local requirements for the handling, storage, transportation, or disposal of asbestos-containing material or other material accepted at the facility that is not general construction or demolition debris.

(11) For an owner or operator that first received general construction or demolition debris prior to August 24, 2009, submit to the Agency, no later than 6 months after the effective date of rules adopted by the Board under subsection (n), a permit application for a general construction or demolition debris recovery facility.

(12) On or after August 24, 2009 (the effective date of Public Act 96-611), obtain a permit for the operation of a general construction or demolition debris recovery facility prior to the initial acceptance of general construction or demolition debris at the facility.

(c) For purposes of this Section, the term "recyclable general construction or demolition debris" means general construction or demolition debris that is being reclaimed from the general construction or demolition debris waste stream and (i) is rendered reusable and is reused or (ii) would otherwise be disposed of or discarded but is collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products. "Recyclable general construction or demolition debris" does not include general construction or demolition debris that is (i) recovered for use as fuel or that is otherwise incinerated or burned, (ii) buried or used as fill material, including, but not limited to, the use of any clean construction or demolition debris fraction of general construction or demolition debris as fill material under subsection (b) of Section 3.160 or at a clean construction or demolition debris fill operation under Section 22.51, or (iii) disposed of at a landfill.

(d) (Blank).

(e) For purposes of this Section, wood recovered for use as fuel is wood that is recovered from the general construction or demolition debris waste stream for use as fuel, as authorized by the applicable state or federal environmental regulatory authority, and supplied only to intermediate processing facilities for sizing, or to combustion facilities for use as fuel, that have obtained all necessary waste management and air permits for handling and combustion of the fuel.

(f) (Blank).

(g) (Blank).

(h) (Blank).

(i) (Blank).

(j) No person shall cause or allow the acceptance of any waste at a general construction or demolition debris recovery facility, other than general construction or demolition debris.

(k) No person shall cause or allow the deposit or other placement of any general construction or demolition debris that is received at a general construction or demolition debris recovery facility, including any clean construction or demolition debris fraction, into or on any land or water. However, any clean construction or demolition debris fraction may be used as fill or road construction material at a clean construction or demolition debris fill operation under Section 22.51 and any rules or regulations adopted thereunder if the clean construction or demolition debris is separated and managed separately from other general construction or demolition debris and otherwise meets the requirements applicable to clean construction or demolition debris at a clean construction or demolition debris fill operation.

(l) Beginning one year after the effective date of rules adopted by the Board under subsection (n), no person shall own or operate a general construction or demolition debris recovery facility without a permit issued by the Agency.

(m) In addition to any other requirements of this Act, no person shall, at a general construction or demolition debris recovery facility, cause or allow the storage or treatment of general construction or demolition debris in violation of this Act, any regulations or standards adopted under this Act, or any condition of a permit issued under this Act.

(n) No later than one year after the effective date of this amendatory Act of the 102nd General Assembly, the Agency shall propose to the Board, and no later than one year after receipt of the Agency's proposal, the Board shall adopt, rules for the permitting of general construction or demolition debris recovery facilities. Such rules shall include, but not be limited to: requirements for material receipt, handling, storage, and transfer; improvements to best management practices for identifying, testing for, and removing drywall containing gypsum; recordkeeping; reporting; limiting or prohibiting sulfur in wallboard used or disposed of at landfills; and requirements for the separation and separate management of any clean construction or demolition debris that will be transported to a clean construction or demolition debris fill operation.

(Source: P.A. 102-310, eff. 8-6-21.)