State of Illinois
91st General Assembly
Legislation

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91_HB3457eng

 
HB3457 Engrossed                               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, or (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
 
HB3457 Engrossed            -2-                LRB9111304ACtm
 1    sufficient  soil materials to sustain vegetation or by a road
 2    or structure, unless within a home rule municipality  with  a
 3    population  over  500,000 where such materials are considered
 4    waste.
 5    (Source: P.A. 90-475, eff. 8-17-97; 90-761, eff. 8-14-98.)

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