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| [ Introduced ] | [ House Amendment 001 ] |
90_HB3287ham002
LRB9008965ACsbam01
1 AMENDMENT TO HOUSE BILL 3287
2 AMENDMENT NO. . Amend House Bill 3287 on page 3,
3 line 21, by inserting "3.78, 3.78a," after "changing
4 Sections"; and
5 on page 3, after line 22 by inserting the following:
6 "(415 ILCS 5/3.78) (from Ch. 111 1/2, par. 1003.78)
7 Sec. 3.78. "General construction or demolition debris"
8 means non-hazardous, uncontaminated materials resulting from
9 the construction, remodeling, repair, and demolition of
10 utilities, structures, and roads, limited to the following:
11 bricks, concrete, and other masonry materials; soil; rock;
12 wood, including non-hazardous painted, treated, and coated
13 wood and wood products; wall coverings; plaster; drywall;
14 plumbing fixtures; non-asbestos insulation; roofing shingles
15 and other roof coverings; reclaimed asphalt pavement; glass;
16 plastics that are not sealed in a manner that conceals waste;
17 electrical wiring and components containing no hazardous
18 substances; and piping or metals incidental to any of those
19 materials.
20 General construction or demolition debris does not
21 include uncontaminated soil generated during construction,
22 remodeling, repair, and demolition of utilities, structures,
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1 and roads provided the uncontaminated soil is not commingled
2 with any general construction or demolition debris or other
3 waste.
4 (Source: P.A. 90-475, eff. 8-17-97.)
5 (415 ILCS 5/3.78a)
6 Sec. 3.78a. "Clean construction or demolition debris"
7 means uncontaminated broken concrete without protruding metal
8 bars, bricks, rock, stone, reclaimed asphalt pavement, or
9 soil dirt or sand generated from construction or demolition
10 activities. Clean construction or demolition debris does not
11 include uncontaminated soil generated during construction,
12 remodeling, repair, and demolition of utilities, structures,
13 and roads provided the uncontaminated soil is not commingled
14 with any clean construction or demolition debris or other
15 waste. To the extent allowed by federal law, clean
16 construction or demolition debris shall not be considered
17 "waste" when (i) used as fill material below grade outside of
18 a setback zone if covered by sufficient uncontaminated soil
19 to support vegetation within 30 days of the completion of
20 filling or if covered by a road or structure, (ii) separated
21 or processed and returned to the economic mainstream in the
22 form of raw materials or products, provided it is not
23 speculatively accumulated, or (iii) solely broken concrete
24 without protruding metal bars is used for erosion control.
25 (Source: P.A. 90-475, eff. 8-17-97.)"; and
26 on page 24, immediately before line 28, by inserting the
27 following:
28 "Section 15. The Illinois Chemical Safety Act is amended
29 by changing Section 3 as follows:
30 (430 ILCS 45/3) (from Ch. 111 1/2, par. 953)
31 Sec. 3. Definitions. For the purposes of this Act:
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1 "Agency" means the Illinois Environmental Protection
2 Agency.
3 "Business" means any individual, partnership,
4 corporation, or association in the State engaged in a
5 business operation that has 5 or more full-time employees, or
6 20 or more part-time employees, and that is properly assigned
7 or included within one of the following Standard Industrial
8 Classifications (SIC), as designated in the Standard
9 Industrial Classification Manual prepared by the Federal
10 Office of Management and Budget:
11 2295 Coated fabrics, not rubberized;
12 2491 Wood preserving;
13 2671. Packaging paper and plastics film, coated and
14 laminated;
15 2672 Coated and laminated paper, not elsewhere
16 classified;
17 2812 Alkalies and chlorine;
18 2813 Industrial gases;
19 2819 Industrial inorganic chemicals, not elsewhere
20 classified;
21 2821 Plastic materials, synthetic resins, and
22 non-vulcanizable elastomers;
23 2834 Pharmaceutical preparations;
24 2842 Specialty cleaning, polishing and sanitation
25 preparations;
26 2851 Paints, varnishes, lacquers, enamels, and allied
27 products;
28 2865 Cyclic (coal tar) crudes, and cyclic intermediaries,
29 dyes and organic pigments (lakes and toners);
30 2869 Industrial organic chemicals, not elsewhere
31 classified;
32 2873 Nitrogenous fertilizer;
33 2874 Phosphatic fertilizers;
34 2879 Pesticides and agricultural chemicals, not elsewhere
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1 classified;
2 2891 Adhesives and sealants;
3 2892 Explosives;
4 2911 Petroleum refining;
5 2952 Asphalt felts and coatings;
6 2999 Products of petroleum and coal, not elsewhere
7 classified;
8 3081. Unsupported plastics, film and sheet;
9 3082 Unsupported plastics profile shapes;
10 3083 Laminated plastics plate, sheet and profile shapes;
11 3084 Plastic pipe;
12 3085 Plastic bottles;
13 3086 Plastic foam products;
14 3087 Custom compounding of purchased plastic resin;
15 3088 Plastic plumbing fixtures;
16 3089 Plastic products, not elsewhere classified;
17 3111 Leather tanning and finishing;
18 3339 Primary smelting and refining of nonferrous metals,
19 except copper and aluminum;
20 3432 Plumbing fixture fittings and trim;
21 3471 Electroplating, plating, polishing, anodizing and
22 coloring;
23 4953 Refuse systems;
24 5085 Industrial supplies;
25 5162 Plastic materials and basic forms and shapes;
26 5169 Chemicals and allied products, not elsewhere
27 classified;
28 5171 Petroleum bulk stations and terminals;
29 5172 Petroleum and petroleum products, wholesalers,
30 except bulk stations and terminals.
31 For the purposes of this Act, the SIC Code that a
32 business uses for determining its coverage under The
33 Unemployment Insurance Act shall be the SIC Code for
34 determining the applicability of this Act. On an annual
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1 basis, the Department of Employment Security shall provide
2 the IEMA with a list of those regulated facilities covered by
3 the above mentioned SIC codes.
4 "Business" also means any facility not covered by the
5 above SIC codes that is subject to the provisions of Section
6 302 of the federal Emergency Planning and Community
7 Right-to-Know Act of 1986 and that is found by the Agency to
8 use, store, or manufacture a chemical substance in a quantity
9 that poses a threat to the environment or public health.
10 Such a determination shall be based on an on-site inspection
11 conducted by the Agency and certified to the IEMA. The
12 Agency shall also conduct inspections at the request of IEMA
13 or upon a written request setting forth a justification to
14 the IEMA from the chairman of the local emergency planning
15 committee upon recommendation of the committee. The IEMA
16 shall transmit a copy of the request to the Agency. The
17 Agency may, in the event of a reportable release that occurs
18 at any facility operated or owned by a business not covered
19 by the above SIC codes, conduct inspections if the site
20 hazard appears to warrant such action. The above
21 notwithstanding, any farm operation shall not be considered
22 as a facility subject to this definition.
23 Notwithstanding the above, for purposes of this Act,
24 "business" does not mean any facility for which the
25 requirements promulgated at Part 1910.119 of Title 29 of the
26 Code of Federal Regulations or Part 68 of Title 40 of the
27 Code of Federal Regulations are applicable, provided that
28 such business conducts and documents in writing an assessment
29 for any instance where the Agency provides notice that a
30 significant release of a chemical substance has occurred at a
31 facility. Such assessment shall explain the nature, cause
32 and known effects of the release, any mitigating actions
33 taken, and preventive measures that can be employed to avoid
34 a future release. Such assessment shall be available at the
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1 facility for review within 30 days after the Agency notifies
2 the facility that a significant release has occurred. The
3 Agency may provide written comments to the business following
4 an on-site review of an assessment.
5 "Chemical name" means the scientific designation of a
6 chemical in accordance with the nomenclature system developed
7 by the International Union of Pure and Applied Chemistry
8 (IUPAC) or the American Chemical Society's Chemical Abstracts
9 Service (CAS) rules of nomenclature, or a name that will
10 clearly identify the chemical for hazard evaluation purposes.
11 "Chemical substance" means any "extremely hazardous
12 substance" listed in Appendix A of 40 C.F.R. Part 355 that is
13 present at a facility in an amount in excess of its threshold
14 planning quantity, any "hazardous substance" listed in 40
15 C.F.R. Section 302.4 that is present at a facility in an
16 amount in excess of its reportable quantity or in excess of
17 its threshold planning quantity if it is also an "extremely
18 hazardous substance", and any petroleum including crude oil
19 or any fraction thereof that is present at a facility in an
20 amount exceeding 100 pounds unless it is specifically listed
21 as a "hazardous substance" or an "extremely hazardous
22 substance". "Chemical substance" does not mean any substance
23 to the extent it is used for personal, family, or household
24 purposes or to the extent it is present in the same form and
25 concentration as a product packaged for distribution to and
26 use by the general public.
27 "IEMA" means the Illinois Emergency Management Agency.
28 "Facility" means the buildings and all real property
29 contiguous thereto, and the equipment at a single location
30 used for the conduct of business.
31 "Local emergency planning committee" means the committee
32 that is appointed for an emergency planning district under
33 the provisions of Section 301 of the federal Emergency
34 Planning and Community Right-to-Know Act of 1986.
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1 "Release" means any sudden spilling, leaking, pumping,
2 pouring, emitting, escaping, emptying, discharging,
3 injecting, leaching, dumping, or disposing into the
4 environment beyond the boundaries of a facility, but excludes
5 the following:
6 (a) Any release that results in exposure to persons
7 solely within a workplace, with respect to a claim that
8 such persons may assert against their employer.
9 (b) Emissions from the engine exhaust of a motor
10 vehicle, rolling stock, aircraft, vessel, or pipeline
11 pumping station engine.
12 (c) Release of source, byproduct, or special
13 nuclear material from a nuclear incident, as those terms
14 are defined in the Atomic Energy Act of 1954, if the
15 release is subject to requirements with respect to
16 financial protection established by the Nuclear
17 Regulatory Commission under Section 170 of the Atomic
18 Energy Act of 1954.
19 (d) The normal application of fertilizer.
20 "Significant release" means any release which is so
21 designated in writing by the Agency or the IEMA based upon an
22 inspection at the site of an emergency incident, or any
23 release which results in any evacuation, hospitalization, or
24 fatalities of the public.
25 (Source: P.A. 90-442, eff. 8-16-97.)".