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91_HB3457
LRB9111304ACtm
1 AN ACT to amend the Environmental Protection Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended
5 by changing Section 3.78a as follows:
6 (415 ILCS 5/3.78a)
7 Sec. 3.78a. "Clean construction or demolition debris"
8 means uncontaminated broken concrete without protruding metal
9 bars, bricks, rock, stone, reclaimed asphalt pavement, or
10 soil generated from construction or demolition activities.
11 Clean construction or demolition debris does not include
12 uncontaminated soil generated during construction,
13 remodeling, repair, and demolition of utilities, structures,
14 and roads provided the uncontaminated soil is not commingled
15 with any clean construction or demolition debris or other
16 waste. To the extent allowed by federal law, clean
17 construction or demolition debris shall not be considered
18 "waste" if it is when (i) used as fill material below grade
19 outside of a setback zone if covered by sufficient
20 uncontaminated soil to support vegetation within 30 days of
21 the completion of filling or if covered by a road or
22 structure, (ii) separated or processed and returned to the
23 economic mainstream in the form of raw materials or products,
24 if provided it is not speculatively accumulated and, if used
25 as a fill material, it is used in accordance with item (i),
26 or (iii) solely broken concrete without protruding metal bars
27 is used for erosion control, or (iv) generated from the
28 construction or demolition of a building, road, or other
29 structure and used to construct, on the site where the
30 construction or demolition has taken place, an above-grade
31 manmade mound less than 20 feet in total height covered with
-2- LRB9111304ACtm
1 sufficient soil materials to sustain vegetation.
2 (Source: P.A. 90-475, eff. 8-17-97; 90-761, eff. 8-14-98.)