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91_HB3457sam001
LRB9111304ACtmam06
1 AMENDMENT TO HOUSE BILL 3457
2 AMENDMENT NO. . Amend House Bill 3457 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Environmental Protection Act is amended
5 by changing Sections 3.78a and 58.5 and by adding Section
6 58.17 as follows:
7 (415 ILCS 5/3.78a)
8 Sec. 3.78a. "Clean construction or demolition debris"
9 means uncontaminated broken concrete without protruding metal
10 bars, bricks, rock, stone, reclaimed asphalt pavement, or
11 soil generated from construction or demolition activities.
12 Clean construction or demolition debris does not include
13 uncontaminated soil generated during construction,
14 remodeling, repair, and demolition of utilities, structures,
15 and roads provided the uncontaminated soil is not commingled
16 with any clean construction or demolition debris or other
17 waste. To the extent allowed by federal law, clean
18 construction or demolition debris shall not be considered
19 "waste" if it is when (i) used as fill material below grade
20 outside of a setback zone if covered by sufficient
21 uncontaminated soil to support vegetation within 30 days of
22 the completion of filling or if covered by a road or
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1 structure, or (ii) separated or processed and returned to the
2 economic mainstream in the form of raw materials or products,
3 if provided it is not speculatively accumulated and, if used
4 as a fill material, it is used in accordance with item (i),
5 or (iii) solely broken concrete without protruding metal bars
6 is used for erosion control, or (iv) generated from the
7 construction or demolition of a building, road, or other
8 structure and used to construct, on the site where the
9 construction or demolition has taken place, an above-grade
10 manmade mound less than 20 feet in total height covered with
11 sufficient soil materials to sustain vegetation or by a road
12 or structure, except no such mounds shall be constructed
13 within a home rule municipality with a population over
14 500,000.
15 (Source: P.A. 90-475, eff. 8-17-97; 90-761, eff. 8-14-98.)
16 (415 ILCS 5/58.5)
17 Sec. 58.5. Risk-based remediation objectives.
18 (a) Determination of remediation objectives. This
19 Section establishes the procedures for determining risk-based
20 remediation objectives for sites subject to this Title.
21 (b) Background area remediation objectives.
22 (1) Except as provided in subdivisions (b)(2) or
23 (b)(3) of this Section, remediation objectives
24 established under this Section shall not require
25 remediation of regulated substances to levels that are
26 less than area background levels.
27 (2) In the event that the concentration of a
28 regulated substance of concern on the site exceeds a
29 remediation objective adopted by the Board for
30 residential land use, the property may not be converted
31 to residential use unless such remediation objective or
32 an alternate risk-based remediation objective for that
33 regulated substance of concern is first achieved.
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1 (3) In the event that the Agency has determined in
2 writing that the background level for a regulated
3 substance poses an acute threat to human health or the
4 environment at the site when considering the
5 post-remedial action land use, the RA shall develop
6 appropriate risk-based remediation objectives in
7 accordance with this Section.
8 (c) Regulations establishing remediation objectives and
9 methodologies for deriving remediation objectives for
10 individual or classes of regulated substances shall be
11 adopted by the Board in accordance with this Section and
12 Section 58.11.
13 (1) The regulations shall provide for the adoption
14 of a three-tiered process for a RA to establish
15 remediation objectives protective of human health and the
16 environment based on identified risks and specific site
17 characteristics at and around the site.
18 (2) The regulations shall provide procedures for
19 using alternative tiers in developing remediation
20 objectives for multiple regulated substances.
21 (3) The regulations shall provide procedures for
22 determining area background contaminant levels.
23 (4) The methodologies adopted under this Section
24 shall ensure that the following factors are taken into
25 account in determining remediation objectives:
26 (A) potential risks posed by carcinogens and
27 noncarcinogens; and
28 (B) the presence of multiple substances of
29 concern and multiple exposure pathways.
30 (d) In developing remediation objectives under
31 subsection (c) of this Section, the methodology proposed and
32 adopted shall establish tiers addressing manmade and natural
33 pathways of exposure, including but not limited to human
34 ingestion, human inhalation, and groundwater protection.
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1 For carcinogens, soil and groundwater remediation objectives
2 shall be established at exposures that represent an excess
3 upper-bound lifetime risk of between 1 in 10,000 and 1 in
4 1,000,000 as appropriate for the post-remedial action use,
5 except that remediation objectives protecting residential use
6 shall be based on exposures that represent an excess
7 upper-bound lifetime risk of 1 in 1,000,000. No groundwater
8 remediation objective adopted pursuant to this Section shall
9 be more restrictive than the applicable Class I or Class III
10 Groundwater Quality Standard adopted by the Board. At a
11 minimum, the objectives shall include the following:
12 (1) Tier I remediation objectives expressed as a
13 table of numeric values for soil and groundwater. Such
14 objectives may be of different values dependent on
15 potential pathways at the site and different land uses,
16 including residential and nonresidential uses.
17 (2) Tier II remediation objectives shall include
18 the formulae and equations used to derive the Tier II
19 objectives and input variables for use in the formulae.
20 The RA may alter the input variables when it is
21 demonstrated that the specific circumstances at and
22 around the site including land uses warrant such
23 alternate variables.
24 (3) Tier III remediation objectives shall include
25 methodologies to allow for the development of
26 site-specific risk-based remediation objectives for soil
27 or groundwater, or both, for regulated substances. Such
28 methodology shall allow for different remediation
29 objectives for residential and various categories of
30 non-residential land uses. The Board's future adoption
31 of a methodology pursuant to this Section shall in no way
32 preclude the use of a nationally recognized methodology
33 to be used for the development of site-specific
34 risk-based objectives for regulated substances under this
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1 Section. In determining Tier III remediation objectives
2 under this subsection, all of the following factors shall
3 be considered:
4 (A) The use of specific site characteristic
5 data.
6 (B) The use of appropriate exposure factors
7 for the current and currently planned future land
8 use of the site and adjacent property and the
9 effectiveness of engineering, institutional, or
10 legal controls placed on the current or future use
11 of the site.
12 (C) The use of appropriate statistical
13 methodologies to establish statistically valid
14 remediation objectives.
15 (D) The actual and potential impact of
16 regulated substances to receptors.
17 (4) For regulated substances that have a
18 groundwater quality standard established pursuant to the
19 Illinois Groundwater Protection Act and rules promulgated
20 thereunder, site specific groundwater remediation
21 objectives may be proposed under the methodology
22 established in subdivision (d) (3) of this Section at
23 values greater than the groundwater quality standards.
24 (A) The RA proposing any site specific
25 groundwater remediation objective at a value greater
26 than the applicable groundwater quality standard
27 shall demonstrate:
28 (i) To the extent practical, the
29 exceedance of the groundwater quality standard
30 has been minimized and beneficial use
31 appropriate to the groundwater that was
32 impacted has been returned; and
33 (ii) Any threat to human health or the
34 environment has been minimized.
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1 (B) The rules proposed by the Agency and
2 adopted by the Board under this Section shall
3 include criteria required for the demonstration of
4 the suitability of groundwater objectives proposed
5 under subdivision (b) (4) (A) of this Section.
6 (e) The rules proposed by the Agency and adopted by the
7 Board under this Section shall include conditions for the
8 establishment and duration of groundwater management zones by
9 rule, as appropriate, at sites undergoing remedial action
10 under this Title.
11 (f) Until such time as the Board adopts remediation
12 objectives under this Section, the remediation objectives
13 adopted by the Board under Title XVI of this Act shall apply
14 to all environmental assessments and soil or groundwater
15 remedial action conducted under this Title.
16 (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96;
17 89-626, eff. 8-9-96.)
18 (415 ILCS 5/58.17 new)
19 Sec. 58.17. Environmental Land Use Control. No later
20 than 2 months after the effective date of this amendatory Act
21 of the 91st General Assembly, the Agency, after consideration
22 of the recommendations of the Regulations and Site
23 Remediation Advisory Committee, shall propose rules creating
24 an instrument to be known as the Environmental Land Use
25 Control (ELUC). Within 6 months after receipt of the
26 Agency's proposed rules, the Board shall adopt, pursuant to
27 Section 27 and 28 of this Act, rules creating the ELUC that
28 establish land use limitations or obligations on the use of
29 real property when necessary to manage risk to human health
30 or the environment arising from contamination left in place
31 pursuant to the procedures set forth in Section 58.5 of this
32 Act or 35 Ill. Adm. Code 742. The rules shall include
33 provisions addressing establishment, content, recording,
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1 duration, and enforcement of ELUCs.".