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90_HB3257enr
415 ILCS 5/21 from Ch. 111 1/2, par. 1021
Amends the Environmental Protection Act. Deletes
provisions prohibiting a person from conducting an operation
for the receipt transfer, recycling, or other management of
construction or demolition debris without maintenance of load
tickets and certain other manifests. Requires a person who
conducts generation, transportation, or recycling of
construction or demolition debris to maintain certain
identifying documentation for 3 years. Exempts certain
facilities that use construction debris for certain specified
uses from the documentation requirement. Provides that
certain provisions concerning maintenance of identifying
documentation shall not apply to generation or recycling of
clean construction or demolition debris in certain
circumstances. Effective immediately.
LRB9010484LDdv
HB3257 Enrolled LRB9010484LDdv
1 AN ACT concerning environmental protection, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 10. The Environmental Protection Act is amended
6 by changing Sections 3.78, 3.78a, and 21 as follows:
7 (415 ILCS 5/3.78) (from Ch. 111 1/2, par. 1003.78)
8 Sec. 3.78. "General construction or demolition debris"
9 means non-hazardous, uncontaminated materials resulting from
10 the construction, remodeling, repair, and demolition of
11 utilities, structures, and roads, limited to the following:
12 bricks, concrete, and other masonry materials; soil; rock;
13 wood, including non-hazardous painted, treated, and coated
14 wood and wood products; wall coverings; plaster; drywall;
15 plumbing fixtures; non-asbestos insulation; roofing shingles
16 and other roof coverings; reclaimed asphalt pavement; glass;
17 plastics that are not sealed in a manner that conceals waste;
18 electrical wiring and components containing no hazardous
19 substances; and piping or metals incidental to any of those
20 materials.
21 General construction or demolition debris does not
22 include uncontaminated soil generated during construction,
23 remodeling, repair, and demolition of utilities, structures,
24 and roads provided the uncontaminated soil is not commingled
25 with any general construction or demolition debris or other
26 waste.
27 (Source: P.A. 90-475, eff. 8-17-97.)
28 (415 ILCS 5/3.78a)
29 Sec. 3.78a. "Clean construction or demolition debris"
30 means uncontaminated broken concrete without protruding metal
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1 bars, bricks, rock, stone, reclaimed asphalt pavement, or
2 soil dirt or sand generated from construction or demolition
3 activities. Clean construction or demolition debris does not
4 include uncontaminated soil generated during construction,
5 remodeling, repair, and demolition of utilities, structures,
6 and roads provided the uncontaminated soil is not commingled
7 with any clean construction or demolition debris or other
8 waste. To the extent allowed by federal law, clean
9 construction or demolition debris shall not be considered
10 "waste" when (i) used as fill material below grade outside of
11 a setback zone if covered by sufficient uncontaminated soil
12 to support vegetation within 30 days of the completion of
13 filling or if covered by a road or structure, (ii) separated
14 or processed and returned to the economic mainstream in the
15 form of raw materials or products, provided it is not
16 speculatively accumulated, or (iii) solely broken concrete
17 without protruding metal bars is used for erosion control.
18 (Source: P.A. 90-475, eff. 8-17-97.)
19 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
20 Sec. 21. No person shall:
21 (a) Cause or allow the open dumping of any waste.
22 (b) Abandon, dump, or deposit any waste upon the public
23 highways or other public property, except in a sanitary
24 landfill approved by the Agency pursuant to regulations
25 adopted by the Board.
26 (c) Abandon any vehicle in violation of the "Abandoned
27 Vehicles Amendment to the Illinois Vehicle Code", as enacted
28 by the 76th General Assembly.
29 (d) Conduct any waste-storage, waste-treatment, or
30 waste-disposal operation:
31 (1) without a permit granted by the Agency or in
32 violation of any conditions imposed by such permit,
33 including periodic reports and full access to adequate
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1 records and the inspection of facilities, as may be
2 necessary to assure compliance with this Act and with
3 regulations and standards adopted thereunder; provided,
4 however, that, except for municipal solid waste landfill
5 units that receive waste on or after October 9, 1993, no
6 permit shall be required for (i) any person conducting a
7 waste-storage, waste-treatment, or waste-disposal
8 operation for wastes generated by such person's own
9 activities which are stored, treated, or disposed within
10 the site where such wastes are generated, or (ii) a
11 facility located in a county with a population over
12 700,000, operated and located in accordance with Section
13 22.38 of this Act, and used exclusively for the transfer,
14 storage, or treatment of general construction or
15 demolition debris;
16 (2) in violation of any regulations or standards
17 adopted by the Board under this Act; or
18 (3) which receives waste after August 31, 1988,
19 does not have a permit issued by the Agency, and is (i) a
20 landfill used exclusively for the disposal of waste
21 generated at the site, (ii) a surface impoundment
22 receiving special waste not listed in an NPDES permit,
23 (iii) a waste pile in which the total volume of waste is
24 greater than 100 cubic yards or the waste is stored for
25 over one year, or (iv) a land treatment facility
26 receiving special waste generated at the site; without
27 giving notice of the operation to the Agency by January
28 1, 1989, or 30 days after the date on which the operation
29 commences, whichever is later, and every 3 years
30 thereafter. The form for such notification shall be
31 specified by the Agency, and shall be limited to
32 information regarding: the name and address of the
33 location of the operation; the type of operation; the
34 types and amounts of waste stored, treated or disposed of
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1 on an annual basis; the remaining capacity of the
2 operation; and the remaining expected life of the
3 operation.
4 Item (3) of this subsection (d) shall not apply to any
5 person engaged in agricultural activity who is disposing of a
6 substance that constitutes solid waste, if the substance was
7 acquired for use by that person on his own property, and the
8 substance is disposed of on his own property in accordance
9 with regulations or standards adopted by the Board.
10 This subsection (d) shall not apply to hazardous waste.
11 (e) Dispose, treat, store or abandon any waste, or
12 transport any waste into this State for disposal, treatment,
13 storage or abandonment, except at a site or facility which
14 meets the requirements of this Act and of regulations and
15 standards thereunder.
16 (f) Conduct any hazardous waste-storage, hazardous
17 waste-treatment or hazardous waste-disposal operation:
18 (1) without a RCRA permit for the site issued by
19 the Agency under subsection (d) of Section 39 of this
20 Act, or in violation of any condition imposed by such
21 permit, including periodic reports and full access to
22 adequate records and the inspection of facilities, as may
23 be necessary to assure compliance with this Act and with
24 regulations and standards adopted thereunder; or
25 (2) in violation of any regulations or standards
26 adopted by the Board under this Act; or
27 (3) in violation of any RCRA permit filing
28 requirement established under standards adopted by the
29 Board under this Act; or
30 (4) in violation of any order adopted by the Board
31 under this Act.
32 Notwithstanding the above, no RCRA permit shall be
33 required under this subsection or subsection (d) of Section
34 39 of this Act for any person engaged in agricultural
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1 activity who is disposing of a substance which has been
2 identified as a hazardous waste, and which has been
3 designated by Board regulations as being subject to this
4 exception, if the substance was acquired for use by that
5 person on his own property and the substance is disposed of
6 on his own property in accordance with regulations or
7 standards adopted by the Board.
8 (g) Conduct any hazardous waste-transportation
9 operation:
10 (1) without registering with and obtaining a permit
11 from the Agency in accordance with the Uniform Program
12 implemented under subsection (l-5) of Section 22.2; or
13 (2) in violation of any regulations or standards
14 adopted by the Board under this Act.
15 (h) Conduct any hazardous waste-recycling or hazardous
16 waste-reclamation or hazardous waste-reuse operation in
17 violation of any regulations, standards or permit
18 requirements adopted by the Board under this Act.
19 (i) Conduct any process or engage in any act which
20 produces hazardous waste in violation of any regulations or
21 standards adopted by the Board under subsections (a) and (c)
22 of Section 22.4 of this Act.
23 (j) Conduct any special waste transportation operation
24 in violation of any regulations, standards or permit
25 requirements adopted by the Board under this Act. However,
26 sludge from a water or sewage treatment plant owned and
27 operated by a unit of local government which (1) is subject
28 to a sludge management plan approved by the Agency or a
29 permit granted by the Agency, and (2) has been tested and
30 determined not to be a hazardous waste as required by
31 applicable State and federal laws and regulations, may be
32 transported in this State without a special waste hauling
33 permit, and the preparation and carrying of a manifest shall
34 not be required for such sludge under the rules of the
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1 Pollution Control Board. The unit of local government which
2 operates the treatment plant producing such sludge shall file
3 a semiannual report with the Agency identifying the volume of
4 such sludge transported during the reporting period, the
5 hauler of the sludge, and the disposal sites to which it was
6 transported. This subsection (j) shall not apply to hazardous
7 waste.
8 (k) Fail or refuse to pay any fee imposed under this
9 Act.
10 (l) Locate a hazardous waste disposal site above an
11 active or inactive shaft or tunneled mine or within 2 miles
12 of an active fault in the earth's crust. In counties of
13 population less than 225,000 no hazardous waste disposal site
14 shall be located (1) within 1 1/2 miles of the corporate
15 limits as defined on June 30, 1978, of any municipality
16 without the approval of the governing body of the
17 municipality in an official action; or (2) within 1000 feet
18 of an existing private well or the existing source of a
19 public water supply measured from the boundary of the actual
20 active permitted site and excluding existing private wells on
21 the property of the permit applicant. The provisions of this
22 subsection do not apply to publicly-owned sewage works or the
23 disposal or utilization of sludge from publicly-owned sewage
24 works.
25 (m) Transfer interest in any land which has been used as
26 a hazardous waste disposal site without written notification
27 to the Agency of the transfer and to the transferee of the
28 conditions imposed by the Agency upon its use under
29 subsection (g) of Section 39.
30 (n) Use any land which has been used as a hazardous
31 waste disposal site except in compliance with conditions
32 imposed by the Agency under subsection (g) of Section 39.
33 (o) Conduct a sanitary landfill operation which is
34 required to have a permit under subsection (d) of this
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1 Section, in a manner which results in any of the following
2 conditions:
3 (1) refuse in standing or flowing waters;
4 (2) leachate flows entering waters of the State;
5 (3) leachate flows exiting the landfill confines
6 (as determined by the boundaries established for the
7 landfill by a permit issued by the Agency);
8 (4) open burning of refuse in violation of Section
9 9 of this Act;
10 (5) uncovered refuse remaining from any previous
11 operating day or at the conclusion of any operating day,
12 unless authorized by permit;
13 (6) failure to provide final cover within time
14 limits established by Board regulations;
15 (7) acceptance of wastes without necessary permits;
16 (8) scavenging as defined by Board regulations;
17 (9) deposition of refuse in any unpermitted portion
18 of the landfill;
19 (10) acceptance of a special waste without a
20 required manifest;
21 (11) failure to submit reports required by permits
22 or Board regulations;
23 (12) failure to collect and contain litter from the
24 site by the end of each operating day;
25 (13) failure to submit any cost estimate for the
26 site or any performance bond or other security for the
27 site as required by this Act or Board rules.
28 The prohibitions specified in this subsection (o) shall
29 be enforceable by the Agency either by administrative
30 citation under Section 31.1 of this Act or as otherwise
31 provided by this Act. The specific prohibitions in this
32 subsection do not limit the power of the Board to establish
33 regulations or standards applicable to sanitary landfills.
34 (p) In violation of subdivision (a) of this Section,
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1 cause or allow the open dumping of any waste in a manner
2 which results in any of the following occurrences at the dump
3 site:
4 (1) litter;
5 (2) scavenging;
6 (3) open burning;
7 (4) deposition of waste in standing or flowing
8 waters;
9 (5) proliferation of disease vectors;
10 (6) standing or flowing liquid discharge from the
11 dump site.
12 The prohibitions specified in this subsection (p) shall
13 be enforceable by the Agency either by administrative
14 citation under Section 31.1 of this Act or as otherwise
15 provided by this Act. The specific prohibitions in this
16 subsection do not limit the power of the Board to establish
17 regulations or standards applicable to open dumping.
18 (q) Conduct a landscape waste composting operation
19 without an Agency permit, provided, however, that no permit
20 shall be required for any person:
21 (1) conducting a landscape waste composting
22 operation for landscape wastes generated by such person's
23 own activities which are stored, treated or disposed of
24 within the site where such wastes are generated; or
25 (2) applying landscape waste or composted landscape
26 waste at agronomic rates; or
27 (3) operating a landscape waste composting facility
28 on a farm, if the facility meets all of the following
29 criteria:
30 (A) the composting facility is operated by the
31 farmer on property on which the composting material
32 is utilized, and the composting facility constitutes
33 no more than 2% of the property's total acreage,
34 except that the Agency may allow a higher percentage
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1 for individual sites where the owner or operator has
2 demonstrated to the Agency that the site's soil
3 characteristics or crop needs require a higher rate;
4 (B) the property on which the composting
5 facility is located, and any associated property on
6 which the compost is used, is principally and
7 diligently devoted to the production of agricultural
8 crops and is not owned, leased or otherwise
9 controlled by any waste hauler or generator of
10 nonagricultural compost materials, and the operator
11 of the composting facility is not an employee,
12 partner, shareholder, or in any way connected with
13 or controlled by any such waste hauler or generator;
14 (C) all compost generated by the composting
15 facility is applied at agronomic rates and used as
16 mulch, fertilizer or soil conditioner on land
17 actually farmed by the person operating the
18 composting facility, and the finished compost is not
19 stored at the composting site for a period longer
20 than 18 months prior to its application as mulch,
21 fertilizer, or soil conditioner;
22 (D) the owner or operator, by January 1, 1990
23 (or the January 1 following commencement of
24 operation, whichever is later) and January 1 of each
25 year thereafter, (i) registers the site with the
26 Agency, (ii) reports to the Agency on the volume of
27 composting material received and used at the site,
28 (iii) certifies to the Agency that the site complies
29 with the requirements set forth in subparagraphs
30 (A), (B) and (C) of this paragraph (q)(3), and (iv)
31 certifies to the Agency that all composting material
32 was placed more than 200 feet from the nearest
33 potable water supply well, was placed outside the
34 boundary of the 10-year floodplain or on a part of
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1 the site that is floodproofed, was placed at least
2 1/4 mile from the nearest residence (other than a
3 residence located on the same property as the
4 facility) and there are not more than 10 occupied
5 non-farm residences within 1/2 mile of the
6 boundaries of the site on the date of application,
7 and was placed more than 5 feet above the water
8 table.
9 For the purposes of this subsection (q), "agronomic
10 rates" means the application of not more than 20 tons per
11 acre per year, except that the Agency may allow a higher rate
12 for individual sites where the owner or operator has
13 demonstrated to the Agency that the site's soil
14 characteristics or crop needs require a higher rate.
15 (r) Cause or allow the storage or disposal of coal
16 combustion waste unless:
17 (1) such waste is stored or disposed of at a site
18 or facility for which a permit has been obtained or is
19 not otherwise required under subsection (d) of this
20 Section; or
21 (2) such waste is stored or disposed of as a part
22 of the design and reclamation of a site or facility which
23 is an abandoned mine site in accordance with the
24 Abandoned Mined Lands and Water Reclamation Act; or
25 (3) such waste is stored or disposed of at a site
26 or facility which is operating under NPDES and Subtitle D
27 permits issued by the Agency pursuant to regulations
28 adopted by the Board for mine-related water pollution and
29 permits issued pursuant to the Federal Surface Mining
30 Control and Reclamation Act of 1977 (P.L. 95-87) or the
31 rules and regulations thereunder or any law or rule or
32 regulation adopted by the State of Illinois pursuant
33 thereto, and the owner or operator of the facility agrees
34 to accept the waste; and either
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1 (i) such waste is stored or disposed of in
2 accordance with requirements applicable to refuse
3 disposal under regulations adopted by the Board for
4 mine-related water pollution and pursuant to NPDES
5 and Subtitle D permits issued by the Agency under
6 such regulations; or
7 (ii) the owner or operator of the facility
8 demonstrates all of the following to the Agency, and
9 the facility is operated in accordance with the
10 demonstration as approved by the Agency: (1) the
11 disposal area will be covered in a manner that will
12 support continuous vegetation, (2) the facility will
13 be adequately protected from wind and water erosion,
14 (3) the pH will be maintained so as to prevent
15 excessive leaching of metal ions, and (4) adequate
16 containment or other measures will be provided to
17 protect surface water and groundwater from
18 contamination at levels prohibited by this Act, the
19 Illinois Groundwater Protection Act, or regulations
20 adopted pursuant thereto.
21 Notwithstanding any other provision of this Title, the
22 disposal of coal combustion waste pursuant to item (2) or (3)
23 of this subdivision (r) shall be exempt from the other
24 provisions of this Title V, and notwithstanding the
25 provisions of Title X of this Act, the Agency is authorized
26 to grant experimental permits which include provision for the
27 disposal of wastes from the combustion of coal and other
28 materials pursuant to items (2) and (3) of this subdivision
29 (r).
30 (s) After April 1, 1989, offer for transportation,
31 transport, deliver, receive or accept special waste for which
32 a manifest is required, unless the manifest indicates that
33 the fee required under Section 22.8 of this Act has been
34 paid.
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1 (t) Cause or allow a lateral expansion of a municipal
2 solid waste landfill unit on or after October 9, 1993,
3 without a permit modification, granted by the Agency, that
4 authorizes the lateral expansion.
5 (u) Conduct any vegetable by-product treatment, storage,
6 disposal or transportation operation in violation of any
7 regulation, standards or permit requirements adopted by the
8 Board under this Act. However, no permit shall be required
9 under this Title V for the land application of vegetable
10 by-products conducted pursuant to Agency permit issued under
11 Title III of this Act to the generator of the vegetable
12 by-products. In addition, vegetable by-products may be
13 transported in this State without a special waste hauling
14 permit, and without the preparation and carrying of a
15 manifest.
16 (v) (Blank). Conduct any operation for the receipt,
17 transfer, recycling, or other management of construction or
18 demolition debris, clean or otherwise, without maintenance of
19 load tickets and other manifests reflecting receipt of the
20 debris from the hauler and generator of the debris. The load
21 ticket and manifest shall identify the hauler, generator,
22 place of origin of the debris, the weight and volume of the
23 debris, the time and date of the receipt of the debris, and
24 the disposition of the debris by the operator of the
25 receiving facility. This subsection (v) shall not apply to a
26 public utility as that term is defined in the Public
27 Utilities Act, but it shall apply to an entity that contracts
28 with a public utility.
29 (w) Conduct any generation, transportation, or recycling
30 transfer, or disposal of construction or demolition debris,
31 clean or general otherwise, or uncontaminated soil generated
32 during construction, remodeling, repair, and demolition of
33 utilities, structures, and roads that is not commingled with
34 any waste, without the maintenance of documentation
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1 identifying load tickets and manifests reflecting the
2 transfer, disposal, or other disposition of the debris. The
3 load ticket and manifest shall identify the hauler,
4 generator, place of origin of the debris or soil, the weight
5 or and volume of the debris or soil, the time and date of the
6 disposition of the debris, and the location, owner, and
7 operator of the facility where to which the debris or soil
8 was transferred, or disposed, recycled, or treated. This
9 documentation must be maintained by the generator,
10 transporter, or recycler for 3 years. This subsection (w)
11 shall not apply to (1) a permitted pollution control facility
12 that transfers or accepts construction or demolition debris,
13 clean or general, or uncontaminated soil for final disposal,
14 recycling, or treatment, (2) a public utility (as that term
15 is defined in the Public Utilities Act) or a municipal
16 utility, or (3) the Illinois Department of Transportation;,
17 but it shall apply to an entity that contracts with a public
18 utility, a municipal utility, or the Illinois Department of
19 Transportation. The terms "generation" and "recycling" as
20 used in this subsection do not apply to clean construction or
21 demolition debris when (i) used as fill material below grade
22 outside of a setback zone if covered by sufficient
23 uncontaminated soil to support vegetation within 30 days of
24 the completion of filling or if covered by a road or
25 structure, (ii) solely broken concrete without protruding
26 metal bars is used for erosion control, or (iii) milled
27 asphalt or crushed concrete is used as aggregate in
28 construction of the shoulder of a roadway. The terms
29 "generation" and "recycling", as used in this subsection, do
30 not apply to uncontaminated soil that is not commingled with
31 any waste when (i) used as fill material below grade or
32 contoured to grade, or (ii) used at the site of generation.
33 (Source: P.A. 89-93, eff. 7-6-95; 89-535, eff. 7-19-96;
34 90-219, eff. 7-25-97; 90-344, eff. 1-1-98; 90-475, eff.
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1 8-17-97; revised 10-15-97.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.