[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
|[ Introduced ]||[ House Amendment 001 ]||[ House Amendment 002 ]|
90_HB0257eng 415 ILCS 5/7.5 from Ch. 111 1/2, par. 1007.5 Amends the Environmental Protection Act to make a technical change. LRB9001201DPcc HB0257 Engrossed LRB9001201DPcc 1 AN ACT to amend the Environmental Protection Act by 2 changing Sections 3.32, 3.78, and 21 and adding Sections 3 3.78a and 22.38. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Environmental Protection Act is amended 7 by changing Sections 3.32, 3.78, and 21 and adding Sections 8 3.78a and 22.38 as follows: 9 (415 ILCS 5/3.32) (from Ch. 111 1/2, par. 1003.32) 10 Sec. 3.32. Pollution control facility. 11 (a) "Pollution control facility" is any waste storage 12 site, sanitary landfill, waste disposal site, waste transfer 13 station, waste treatment facility, or waste incinerator. This 14 includes sewers, sewage treatment plants, and any other 15 facilities owned or operated by sanitary districts organized 16 under the Metropolitan Water Reclamation District Act. 17 The following are not pollution control facilities: 18 (1) (Blank); 19 (2) waste storage sites regulated under 40 CFR, 20 Part 761.42; 21 (3) sites or facilities used by any person 22 conducting a waste storage, waste treatment, waste 23 disposal, waste transfer or waste incineration operation, 24 or a combination thereof, for wastes generated by such 25 person's own activities, when such wastes are stored, 26 treated, disposed of, transferred or incinerated within 27 the site or facility owned, controlled or operated by 28 such person, or when such wastes are transported within 29 or between sites or facilities owned, controlled or 30 operated by such person; 31 (4) sites or facilities at which the State is HB0257 Engrossed -2- LRB9001201DPcc 1 performing removal or remedial action pursuant to Section 2 22.2 or 55.3; 3 (5) abandoned quarries used solely for the disposal 4 of concrete, earth materials, gravel, or aggregate debris 5 resulting from road construction activities conducted by 6 a unit of government or construction activities due to 7 the construction and installation of underground pipes, 8 lines, conduit or wires off of the premises of a public 9 utility company which are conducted by a public utility; 10 (6) sites or facilities used by any person to 11 specifically conduct a landscape composting operation; 12 (7) regional facilities as defined in the Central 13 Midwest Interstate Low-Level Radioactive Waste Compact; 14 (8) the portion of a site or facility where coal 15 combustion wastes are stored or disposed of in accordance 16 with subdivision (r)(2) or (r)(3) of Section 21; 17 (9) the portion of a site or facility used for the 18 collection, storage or processing of waste tires as 19 defined in Title XIV; 20 (10) the portion of a site or facility used for 21 treatment of petroleum contaminated materials by 22 application onto or incorporation into the soil surface 23 and any portion of that site or facility used for storage 24 of petroleum contaminated materials before treatment. 25 Only those categories of petroleum listed in paragraph 26 (5) of subsection (a) of Section 22.18b are exempt under 27 this subdivision (10); 28 (11) the portion of a site or facility where used 29 oil is collected or stored prior to shipment to a 30 recycling or energy recovery facility, provided that the 31 used oil is generated by households or commercial 32 establishments, and the site or facility is a recycling 33 center or a business where oil or gasoline is sold at 34 retail; HB0257 Engrossed -3- LRB9001201DPcc 1 (12) the portion of a site or facility utilizing 2 coal combustion waste for stabilization and treatment of 3 only waste generated on that site or facility when used 4 in connection with response actions pursuant to the 5 federal Comprehensive Environmental Response, 6 Compensation, and Liability Act of 1980, the federal 7 Resource Conservation and Recovery Act of 1976, or the 8 Illinois Environmental Protection Act or as authorized by 9 the Agency;
.10 (13) the portion of a site or facility accepting 11 exclusively general construction or demolition debris, 12 located in a county with a population over 3,000,000, and 13 operated and located in accordance with Section 22.38 of 14 this Act. 15 (b) A new pollution control facility is: 16 (1) a pollution control facility initially 17 permitted for development or construction after July 1, 18 1981; or 19 (2) the area of expansion beyond the boundary of a 20 currently permitted pollution control facility; or 21 (3) a permitted pollution control facility 22 requesting approval to store, dispose of, transfer or 23 incinerate, for the first time, any special or hazardous 24 waste. 25 (Source: P.A. 88-45; 88-681, eff. 12-22-94; 89-93, eff. 26 7-6-95.) 27 (415 ILCS 5/3.78) (from Ch. 111 1/2, par. 1003.78) 28 Sec. 3.78. "General Cleanconstruction or demolition 29 debris" means non-hazardous, uncontaminated materials 30 resulting from the construction, remodeling, repair, and 31 demolition of utilities, structures, and roads, limited to 32 the following: bricks, concrete, and other masonry 33 materials; soil; rock; wood, including non-hazardous painted, HB0257 Engrossed -4- LRB9001201DPcc 1 treated, and coated wood and wood products; wall coverings; 2 plaster; drywall; plumbing fixtures; non-asbestos insulation; 3 roofing shingles and other roof coverings; reclaimed asphalt 4 pavement; glass; plastics that are not sealed in a manner 5 that conceals waste; electrical wiring and components 6 containing no hazardous substances; and piping or metals 7 incidental to any of those materials broken concrete without8 protruding metal bars, bricks, rock, stone, reclaimed asphalt9 pavement or uncontaminated dirt or sand generated from10 construction or demolition activities. 11 (Source: P.A. 86-633; 86-1028; 87-1171.) 12 (415 ILCS 5/3.78a new) 13 Sec. 3.78a. "Clean construction or demolition debris" 14 means uncontaminated broken concrete without protruding metal 15 bars, bricks, rock, stone, reclaimed asphalt pavement, or 16 dirt or sand generated from construction or demolition 17 activities. To the extent allowed by federal law, clean 18 construction or demolition debris shall not be considered 19 "waste" when (i) used as fill material below grade outside of 20 a setback zone if covered by sufficient uncontaminated soil 21 to support vegetation within 30 days of the completion of 22 filling or if covered by a road or structure, (ii) separated 23 or processed and returned to the economic mainstream in the 24 form of raw materials or products, provided it is not 25 speculatively accumulated, or (iii) solely broken concrete 26 without protruding metal bars is used for erosion control. 27 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021) 28 Sec. 21. No person shall: 29 (a) Cause or allow the open dumping of any waste. 30 (b) Abandon, dump, or deposit any waste upon the public 31 highways or other public property, except in a sanitary 32 landfill approved by the Agency pursuant to regulations HB0257 Engrossed -5- LRB9001201DPcc 1 adopted by the Board. 2 (c) Abandon any vehicle in violation of the "Abandoned 3 Vehicles Amendment to the Illinois Vehicle Code", as enacted 4 by the 76th General Assembly. 5 (d) Conduct any waste-storage, waste-treatment, or 6 waste-disposal operation: 7 (1) without a permit granted by the Agency or in 8 violation of any conditions imposed by such permit, 9 including periodic reports and full access to adequate 10 records and the inspection of facilities, as may be 11 necessary to assure compliance with this Act and with 12 regulations and standards adopted thereunder; provided, 13 however, that, except for municipal solid waste landfill 14 units that receive waste on or after October 9, 1993, no 15 permit shall be required for (i) any person conducting a 16 waste-storage, waste-treatment, or waste-disposal 17 operation for wastes generated by such person's own 18 activities which are stored, treated, or disposed within 19 the site where such wastes are generated, or (ii) a 20 facility located in a county with a population over 21 3,000,000, operated and located in accordance with 22 Section 22.38 of this Act, and used exclusively for the 23 transfer, storage, or treatment of general construction 24 or demolition debris; for a corporation organized under25 the General Not For Profit Corporation Act of 1986, as26 now or hereafter amended, or a predecessor Act,27 constructing a land form in conformance with local zoning28 provisions, within a municipality having a population of29 more than 1,000,000 inhabitants, with clean construction30 or demolition debris generated within the municipality,31 provided that the corporation has contracts for economic32 development planning with the municipality; or33 (2) in violation of any regulations or standards 34 adopted by the Board under this Act; or HB0257 Engrossed -6- LRB9001201DPcc 1 (3) which receives waste after August 31, 1988, 2 does not have a permit issued by the Agency, and is (i) a 3 landfill used exclusively for the disposal of waste 4 generated at the site, (ii) a surface impoundment 5 receiving special waste not listed in an NPDES permit, 6 (iii) a waste pile in which the total volume of waste is 7 greater than 100 cubic yards or the waste is stored for 8 over one year, or (iv) a land treatment facility 9 receiving special waste generated at the site; without 10 giving notice of the operation to the Agency by January 11 1, 1989, or 30 days after the date on which the operation 12 commences, whichever is later, and every 3 years 13 thereafter. The form for such notification shall be 14 specified by the Agency, and shall be limited to 15 information regarding: the name and address of the 16 location of the operation; the type of operation; the 17 types and amounts of waste stored, treated or disposed of 18 on an annual basis; the remaining capacity of the 19 operation; and the remaining expected life of the 20 operation. 21 Item Paragraph(3) of this subsection (d) shall not apply 22 to any person engaged in agricultural activity who is 23 disposing of a substance that constitutes solid waste, if the 24 substance was acquired for use by that person on his own 25 property, and the substance is disposed of on his own 26 property in accordance with regulations or standards adopted 27 by the Board. 28 This subsection (d) shall not apply to hazardous waste. 29 (e) Dispose, treat, store or abandon any waste, or 30 transport any waste into this State for disposal, treatment, 31 storage or abandonment, except at a site or facility which 32 meets the requirements of this Act and of regulations and 33 standards thereunder. 34 (f) Conduct any hazardous waste-storage, hazardous HB0257 Engrossed -7- LRB9001201DPcc 1 waste-treatment or hazardous waste-disposal operation: 2 (1) without a RCRA permit for the site issued by 3 the Agency under subsection (d) of Section 39 of this 4 Act, or in violation of any condition imposed by such 5 permit, including periodic reports and full access to 6 adequate records and the inspection of facilities, as may 7 be necessary to assure compliance with this Act and with 8 regulations and standards adopted thereunder; or 9 (2) in violation of any regulations or standards 10 adopted by the Board under this Act; or 11 (3) in violation of any RCRA permit filing 12 requirement established under standards adopted by the 13 Board under this Act; or 14 (4) in violation of any order adopted by the Board 15 under this Act. 16 Notwithstanding the above, no RCRA permit shall be 17 required under this subsection or subsection (d) of Section 18 39 of this Act for any person engaged in agricultural 19 activity who is disposing of a substance which has been 20 identified as a hazardous waste, and which has been 21 designated by Board regulations as being subject to this 22 exception, if the substance was acquired for use by that 23 person on his own property and the substance is disposed of 24 on his own property in accordance with regulations or 25 standards adopted by the Board. 26 (g) Conduct any hazardous waste-transportation 27 operation: 28 (1) without a permit issued by the Agency or in 29 violation of any conditions imposed by such permit, 30 including periodic reports and full access to adequate 31 records and the inspection of facilities, as may be 32 necessary to assure compliance with this Act and with 33 regulations or standards adopted thereunder; or 34 (2) in violation of any regulations or standards HB0257 Engrossed -8- LRB9001201DPcc 1 adopted by the Board under this Act. 2 (h) Conduct any hazardous waste-recycling or hazardous 3 waste-reclamation or hazardous waste-reuse operation in 4 violation of any regulations, standards or permit 5 requirements adopted by the Board under this Act. 6 (i) Conduct any process or engage in any act which 7 produces hazardous waste in violation of any regulations or 8 standards adopted by the Board under subsections (a) and (c) 9 of Section 22.4 of this Act. 10 (j) Conduct any special waste transportation operation 11 in violation of any regulations, standards or permit 12 requirements adopted by the Board under this Act. However, 13 sludge from a water or sewage treatment plant owned and 14 operated by a unit of local government which (1) is subject 15 to a sludge management plan approved by the Agency or a 16 permit granted by the Agency, and (2) has been tested and 17 determined not to be a hazardous waste as required by 18 applicable State and federal laws and regulations, may be 19 transported in this State without a special waste hauling 20 permit, and the preparation and carrying of a manifest shall 21 not be required for such sludge under the rules of the 22 Pollution Control Board. The unit of local government which 23 operates the treatment plant producing such sludge shall file 24 a semiannual report with the Agency identifying the volume of 25 such sludge transported during the reporting period, the 26 hauler of the sludge, and the disposal sites to which it was 27 transported. This subsection (j) shall not apply to hazardous 28 waste. 29 (k) Fail or refuse to pay any fee imposed under this 30 Act. 31 (l) Locate a hazardous waste disposal site above an 32 active or inactive shaft or tunneled mine or within 2 miles 33 of an active fault in the earth's crust. In counties of 34 population less than 225,000 no hazardous waste disposal site HB0257 Engrossed -9- LRB9001201DPcc 1 shall be located (1) within 1 1/2 miles of the corporate 2 limits as defined on June 30, 1978, of any municipality 3 without the approval of the governing body of the 4 municipality in an official action; or (2) within 1000 feet 5 of an existing private well or the existing source of a 6 public water supply measured from the boundary of the actual 7 active permitted site and excluding existing private wells on 8 the property of the permit applicant. The provisions of this 9 subsection do not apply to publicly-owned sewage works or the 10 disposal or utilization of sludge from publicly-owned sewage 11 works. 12 (m) Transfer interest in any land which has been used as 13 a hazardous waste disposal site without written notification 14 to the Agency of the transfer and to the transferee of the 15 conditions imposed by the Agency upon its use under 16 subsection (g) of Section 39. 17 (n) Use any land which has been used as a hazardous 18 waste disposal site except in compliance with conditions 19 imposed by the Agency under subsection (g) of Section 39. 20 (o) Conduct a sanitary landfill operation which is 21 required to have a permit under subsection (d) of this 22 Section, in a manner which results in any of the following 23 conditions: 24 (1) refuse in standing or flowing waters; 25 (2) leachate flows entering waters of the State; 26 (3) leachate flows exiting the landfill confines 27 (as determined by the boundaries established for the 28 landfill by a permit issued by the Agency); 29 (4) open burning of refuse in violation of Section 30 9 of this Act; 31 (5) uncovered refuse remaining from any previous 32 operating day or at the conclusion of any operating day, 33 unless authorized by permit; 34 (6) failure to provide final cover within time HB0257 Engrossed -10- LRB9001201DPcc 1 limits established by Board regulations; 2 (7) acceptance of wastes without necessary permits; 3 (8) scavenging as defined by Board regulations; 4 (9) deposition of refuse in any unpermitted portion 5 of the landfill; 6 (10) acceptance of a special waste without a 7 required manifest; 8 (11) failure to submit reports required by permits 9 or Board regulations; 10 (12) failure to collect and contain litter from the 11 site by the end of each operating day; 12 (13) failure to submit any cost estimate for the 13 site or any performance bond or other security for the 14 site as required by this Act or Board rules. 15 The prohibitions specified in this subsection (o) shall 16 be enforceable by the Agency either by administrative 17 citation under Section 31.1 of this Act or as otherwise 18 provided by this Act. The specific prohibitions in this 19 subsection do not limit the power of the Board to establish 20 regulations or standards applicable to sanitary landfills. 21 (p) In violation of subdivision (a) of this Section, 22 cause or allow the open dumping of any waste in a manner 23 which results in any of the following occurrences at the dump 24 site: 25 (1) litter; 26 (2) scavenging; 27 (3) open burning; 28 (4) deposition of waste in standing or flowing 29 waters; 30 (5) proliferation of disease vectors; 31 (6) standing or flowing liquid discharge from the 32 dump site. 33 The prohibitions specified in this subsection (p) shall 34 be enforceable by the Agency either by administrative HB0257 Engrossed -11- LRB9001201DPcc 1 citation under Section 31.1 of this Act or as otherwise 2 provided by this Act. The specific prohibitions in this 3 subsection do not limit the power of the Board to establish 4 regulations or standards applicable to open dumping. 5 (q) Conduct a landscape waste composting operation 6 without an Agency permit, provided, however, that no permit 7 shall be required for any person: 8 (1) conducting a landscape waste composting 9 operation for landscape wastes generated by such person's 10 own activities which are stored, treated or disposed of 11 within the site where such wastes are generated; or 12 (2) applying landscape waste or composted landscape 13 waste at agronomic rates; or 14 (3) operating a landscape waste composting facility 15 on a farm, if the facility meets all of the following 16 criteria: 17 (A) the composting facility is operated by the 18 farmer on property on which the composting material 19 is utilized, and the composting facility constitutes 20 no more than 2% of the property's total acreage, 21 except that the Agency may allow a higher percentage 22 for individual sites where the owner or operator has 23 demonstrated to the Agency that the site's soil 24 characteristics or crop needs require a higher rate; 25 (B) the property on which the composting 26 facility is located, and any associated property on 27 which the compost is used, is principally and 28 diligently devoted to the production of agricultural 29 crops and is not owned, leased or otherwise 30 controlled by any waste hauler or generator of 31 nonagricultural compost materials, and the operator 32 of the composting facility is not an employee, 33 partner, shareholder, or in any way connected with 34 or controlled by any such waste hauler or generator; HB0257 Engrossed -12- LRB9001201DPcc 1 (C) all compost generated by the composting 2 facility is applied at agronomic rates and used as 3 mulch, fertilizer or soil conditioner on land 4 actually farmed by the person operating the 5 composting facility, and the finished compost is not 6 stored at the composting site for a period longer 7 than 18 months prior to its application as mulch, 8 fertilizer, or soil conditioner; 9 (D) the owner or operator, by January 1, 1990 10 (or the January 1 following commencement of 11 operation, whichever is later) and January 1 of each 12 year thereafter, (i) registers the site with the 13 Agency, (ii) reports to the Agency on the volume of 14 composting material received and used at the site, 15 (iii) certifies to the Agency that the site complies 16 with the requirements set forth in subparagraphs 17 (A), (B) and (C) of this paragraph (q)(3), and (iv) 18 certifies to the Agency that all composting material 19 was placed more than 200 feet from the nearest 20 potable water supply well, was placed outside the 21 boundary of the 10-year floodplain or on a part of 22 the site that is floodproofed, was placed at least 23 1/4 mile from the nearest residence (other than a 24 residence located on the same property as the 25 facility) and there are not more than 10 occupied 26 non-farm residences within 1/2 mile of the 27 boundaries of the site on the date of application, 28 and was placed more than 5 feet above the water 29 table. 30 For the purposes of this subsection (q), "agronomic 31 rates" means the application of not more than 20 tons per 32 acre per year, except that the Agency may allow a higher rate 33 for individual sites where the owner or operator has 34 demonstrated to the Agency that the site's soil HB0257 Engrossed -13- LRB9001201DPcc 1 characteristics or crop needs require a higher rate. 2 (r) Cause or allow the storage or disposal of coal 3 combustion waste unless: 4 (1) such waste is stored or disposed of at a site 5 or facility for which a permit has been obtained or is 6 not otherwise required under subsection (d) of this 7 Section; or 8 (2) such waste is stored or disposed of as a part 9 of the design and reclamation of a site or facility which 10 is an abandoned mine site in accordance with the 11 Abandoned Mined Lands and Water Reclamation Act; or 12 (3) such waste is stored or disposed of at a site 13 or facility which is operating under NPDES and Subtitle D 14 permits issued by the Agency pursuant to regulations 15 adopted by the Board for mine-related water pollution and 16 permits issued pursuant to the Federal Surface Mining 17 Control and Reclamation Act of 1977 (P.L. 95-87) or the 18 rules and regulations thereunder or any law or rule or 19 regulation adopted by the State of Illinois pursuant 20 thereto, and the owner or operator of the facility agrees 21 to accept the waste; and either 22 (i) such waste is stored or disposed of in 23 accordance with requirements applicable to refuse 24 disposal under regulations adopted by the Board for 25 mine-related water pollution and pursuant to NPDES 26 and Subtitle D permits issued by the Agency under 27 such regulations; or 28 (ii) the owner or operator of the facility 29 demonstrates all of the following to the Agency, and 30 the facility is operated in accordance with the 31 demonstration as approved by the Agency: (1) the 32 disposal area will be covered in a manner that will 33 support continuous vegetation, (2) the facility will 34 be adequately protected from wind and water erosion, HB0257 Engrossed -14- LRB9001201DPcc 1 (3) the pH will be maintained so as to prevent 2 excessive leaching of metal ions, and (4) adequate 3 containment or other measures will be provided to 4 protect surface water and groundwater from 5 contamination at levels prohibited by this Act, the 6 Illinois Groundwater Protection Act, or regulations 7 adopted pursuant thereto. 8 Notwithstanding any other provision of this Title, the 9 disposal of coal combustion waste pursuant to item (2) or (3) 10 of this subdivision (r) shall be exempt from the other 11 provisions of this Title V, and notwithstanding the 12 provisions of Title X of this Act, the Agency is authorized 13 to grant experimental permits which include provision for the 14 disposal of wastes from the combustion of coal and other 15 materials pursuant to items (2) and (3) of this subdivision 16 (r). 17 (s) After April 1, 1989, offer for transportation, 18 transport, deliver, receive or accept special waste for which 19 a manifest is required, unless the manifest indicates that 20 the fee required under Section 22.8 of this Act has been 21 paid. 22 (t) Cause or allow a lateral expansion of a municipal 23 solid waste landfill unit on or after October 9, 1993, 24 without a permit modification, granted by the Agency, that 25 authorizes the lateral expansion. 26 (u) Conduct any vegetable by-product treatment, storage, 27 disposal or transportation operation in violation of any 28 regulation, standards or permit requirements adopted by the 29 Board under this Act. However, no permit shall be required 30 under this Title V for the land application of vegetable 31 by-products conducted pursuant to Agency permit issued under 32 Title III of this Act to the generator of the vegetable 33 by-products. In addition, vegetable by-products may be 34 transported in this State without a special waste hauling HB0257 Engrossed -15- LRB9001201DPcc 1 permit, and without the preparation and carrying of a 2 manifest. 3 (Source: P.A. 88-454; 88-496; 88-670, eff. 12-2-94; 89-93, 4 eff. 7-6-95; 89-535, eff. 7-19-96.) 5 (415 ILCS 5/22.38 new) 6 Sec. 22.38. Facilities accepting exclusively general 7 construction or demolition debris for transfer, storage, or 8 treatment. 9 (a) Facilities accepting exclusively general 10 construction or demolition debris for transfer, storage, or 11 treatment shall be subject to local zoning, ordinance, and 12 land use requirements. Those facilities shall be located in 13 accordance with local zoning requirements or, in the absence 14 of local zoning requirements, shall be located so that no 15 part of the facility boundary is closer than 1,320 feet from 16 the nearest property zoned for primarily residential use. 17 (b) An owner or operator of a facility accepting 18 exclusively general construction or demolition debris for 19 transfer, storage, or treatment shall: 20 (1) within 48 hours of receipt of the general 21 construction or demolition debris at the facility, sort 22 the general construction or demolition debris to separate 23 the recyclable general construction or demolition debris 24 from non-recyclable general construction or demolition 25 debris to be disposed of or discarded; 26 (2) transport off site for disposal all 27 non-recyclable general construction or demolition debris 28 in accordance with all applicable federal, State, and 29 local requirements within 7 days of its receipt at the 30 facility; 31 (3) limit the percentage of incoming non-recyclable 32 general construction or demolition debris to 25% or less 33 of the total incoming general construction or demolition HB0257 Engrossed -16- LRB9001201DPcc 1 debris, as calculated on a daily basis; 2 (4) transport all non-putrescible recyclable 3 general construction or demolition debris for recycling 4 or disposal within 6 months of its receipt at the 5 facility; 6 (5) transport all putrescible or combustible 7 recyclable general construction or demolition debris for 8 recycling or disposal within 30 days of its receipt at 9 the facility; 10 (6) employ tagging and recordkeeping procedures to 11 (i) demonstrate compliance with this Section and (ii) 12 identify the source and transporter of material accepted 13 by the facility; 14 (7) control odor, noise, combustion of materials, 15 disease vectors, dust, and litter; 16 (8) control, manage, and dispose of any storm water 17 runoff and leachate generated at the facility in 18 accordance with applicable federal, State, and local 19 requirements; 20 (9) control access to the facility and post a sign 21 at the main entrance that states the permit number of any 22 permit issued to the facility by the Agency, the nature 23 of the facility's operations, the penalty for 24 unauthorized trespass or dumping, if any, and the name, 25 address, and telephone number of the person or entity 26 operating the facility; 27 (10) comply with all applicable federal, State, or 28 local requirements for the handling, storage, 29 transportation, or disposal of asbestos-containing 30 material or other material accepted at the facility that 31 is not general construction or demolition debris; and 32 (11) submit to the Agency at least 30 days prior to 33 the initial acceptance of general construction or 34 demolition debris at the facility, on forms provided by HB0257 Engrossed -17- LRB9001201DPcc 1 the Agency, the following information: 2 (A) the name, address, and telephone number of 3 both the facility owner and operator; 4 (B) the street address and location of the 5 facility; 6 (C) a description of facility operations; 7 (D) a description of the tagging and 8 recordkeeping procedures the facility will employ to 9 (i) demonstrate compliance with this Section and 10 (ii) identify the source and transporter of any 11 material accepted by the facility; 12 (E) the name and location of the disposal site 13 to be used for the transportation and disposal of 14 non-recyclable materials accepted at the facility; 15 (F) the name and location of an individual, 16 facility, or business to which recyclable materials 17 will be transported; and 18 (G) other information as specified on the form 19 provided by the Agency. 20 When any of the information contained or processes 21 described in the initial notification form submitted to 22 the Agency changes, the owner and operator shall submit 23 an updated form within 14 days of the change. 24 (c) For purposes of this Section, the term "recyclable 25 general construction or demolition debris" means general 26 construction or demolition debris that has been rendered 27 reusable and is reused or that would otherwise be disposed of 28 or discarded but is collected, separated, or processed and 29 returned to the economic mainstream in the form of raw 30 materials or products. "Recyclable general construction or 31 demolition debris" does not include general construction or 32 demolition debris processed for use as fuel, incinerated, 33 burned, buried, or otherwise used as fill material. 34 (d) For purposes of this Section, "treatment" means HB0257 Engrossed -18- LRB9001201DPcc 1 processing designed to alter the physical nature of the 2 general construction or demolition debris, including but not 3 limited to size reduction, crushing, grinding, or 4 homogenization, but does not include processing designed to 5 change the chemical nature of the general construction or 6 demolition debris. 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.
[ Top ]