Public Act 097-0230 Public Act 0230 97TH GENERAL ASSEMBLY |
Public Act 097-0230 | SB1929 Enrolled | LRB097 09577 JDS 49714 b |
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| AN ACT concerning safety.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Environmental Protection Act is amended by | changing Section 22.38 as follows:
| (415 ILCS 5/22.38)
| Sec. 22.38. Facilities accepting exclusively general | construction or
demolition debris
for transfer, storage, or | treatment.
| (a) Facilities accepting exclusively general construction | or demolition
debris for
transfer, storage, or treatment shall | be subject to local zoning, ordinance,
and
land use | requirements.
Those facilities shall be located in accordance | with local zoning requirements
or, in the absence of local | zoning requirements, shall be located so that no
part of the | facility boundary is closer than 1,320 feet from the nearest
| property zoned for primarily residential use.
| (b) An owner or operator of a facility accepting | exclusively general
construction or demolition debris for | transfer, storage, or treatment shall:
| (1) Within 48 hours after of receipt of the general | construction or demolition
debris at the facility, sort the | general construction or demolition debris to
separate the
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| recyclable general construction or demolition debris , and | recovered wood that is processed for use as fuel , and | general construction or demolition debris that is | processed for use at a landfill from the non-recyclable
| general construction or demolition debris that is to be | disposed of or discarded.
| (2) Transport off site for disposal , in accordance with | all applicable federal, State, and local requirements | within 72 hours after its receipt at the facility, all | non-usable or non-recyclable general
construction or | demolition debris that is not neither recyclable general | construction or demolition debris , nor recovered wood that | is processed for use as fuel , or general construction or | demolition debris that is processed for use at a landfill | in
accordance with all applicable federal, State, and local | requirements within 72
hours of its receipt at the | facility .
| (3) Limit the percentage of incoming non-recyclable | general construction
or demolition debris to 25% or
less of | the total incoming general construction or demolition | debris ,
as calculated on a daily basis , so that 75% or more | of the general construction or demolition debris accepted , | as calculated monthly on a rolling 12-month average, on a | daily basis consists of recyclable general construction or | demolition debris, recovered wood that is processed for use | as fuel, or general construction or demolition debris that |
| is processed for use at a landfill except that general | construction or demolition debris processed for use at a | landfill shall not exceed 35% of the general construction | or demolition debris accepted on a rolling 12-month average | basis both . The percentages in this paragraph (3) of | subsection (b) shall be calculated by weight, using scales | located at the facility that are certified under the | Weights and Measures Act.
| (4) Within 6 months after its receipt at the facility, | transport: | (A) Transport all non-putrescible recyclable | general construction or
demolition debris
for | recycling or disposal ; and | (B) all non-putrescible general construction or | demolition debris that is processed for use at a | landfill to a MSWLF unit for use or disposal within 6 | months of its receipt at the facility .
| (5) Within 45 days after of its receipt at the | facility, transport : | (A) (i) all putrescible or combustible recyclable | general
construction or demolition debris
(excluding | recovered wood that is processed for use as fuel) for | recycling or disposal ; and | (B) (ii) all recovered wood that is processed for | use as fuel to an intermediate processing facility for | sizing, to a combustion facility for use as fuel, or to |
| a disposal facility ; and | (C) all putrescible general construction or | demolition debris that is processed for use at a | landfill to a MSWLF unit for use or disposal .
| (6) Employ tagging and recordkeeping procedures to (i) | demonstrate
compliance
with this Section and (ii) identify | the source and transporter of material
accepted by the | facility.
| (7) Control odor, noise, combustion of materials, | disease vectors, dust,
and litter.
| (8) Control, manage, and dispose of any storm water | runoff and leachate
generated at the facility in accordance | with applicable federal, State, and
local requirements.
| (9) Control access to the facility.
| (10) Comply with all applicable federal, State, or | local requirements for
the handling, storage, | transportation, or disposal of asbestos-containing
| material or other material accepted at the
facility that is | not general construction or demolition debris.
| (11) Prior to August 24, 2009 (the effective date of | Public Act 96-611), submit to the Agency at least 30 days | prior to the initial acceptance
of general construction or | demolition debris at the facility, on forms provided
by the | Agency, the following information:
| (A) the name, address, and telephone number of both | the facility owner
and operator;
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| (B) the street address and location of the | facility;
| (C) a description of facility operations;
| (D) a description of the tagging and recordkeeping | procedures the
facility will employ to (i) demonstrate | compliance with this Section and (ii)
identify the | source and transporter of any material accepted by the | facility;
| (E) the name and location of the disposal sites to | be used for the
disposal of any general construction or | demolition debris received at the facility that must be | disposed of;
| (F) the name and location of an individual, | facility, or business to
which recyclable materials | will be transported;
| (G) the name and location of intermediate | processing facilities or combustion facilities to | which recovered wood that is processed for use as fuel | will be transported; and
| (H) other information as specified on the form | provided by the Agency.
| (12) On or after August 24, 2009 (the effective date of | Public Act 96-611), obtain a permit issued by the Agency | prior to the initial acceptance of general construction or | demolition debris at the facility.
| When any of the information contained or processes |
| described in the initial
notification form submitted to the | Agency under paragraph (11) of subsection (b) of this | Section changes, the owner and operator shall
submit an | updated form within 14 days of the change.
| (c) For purposes of this Section, the term "recyclable | general
construction or demolition debris" means general | construction or demolition
debris that has been rendered | reusable and is reused or that would otherwise
be disposed of | or discarded but is collected, separated, or processed and
| returned to the economic mainstream in the form of raw | materials or products.
"Recyclable general construction or | demolition debris" does not include (i) general
construction or | demolition debris processed for use as fuel, incinerated,
| burned, buried, or otherwise used as fill material or (ii) | general construction or demolition debris that is processed for | use at a landfill .
| (d) For purposes of this Section, "treatment" means | processing
designed to alter the physical nature of the general | construction or
demolition debris, including but not limited to | size reduction, crushing,
grinding, or
homogenization, but | does not include processing designed to change the chemical
| nature of the general construction or demolition debris.
| (e) For purposes of this Section, "recovered wood that is | processed for use as fuel" means wood that has been salvaged | from general construction or demolition debris and processed | for use as fuel, as authorized by the applicable state or |
| federal environmental regulatory authority, and supplied only | to intermediate processing facilities for sizing, or to | combustion facilities for use as fuel, that have obtained all | necessary waste management and air permits for handling and | combustion of the fuel. | (f) For purposes of this Section, "non-recyclable general | construction or demolition debris" does not include " recovered | wood that is processed for use as fuel " or general construction | or demolition debris that is processed for use at a landfill . | (g) Recyclable general construction or demolition debris , | or recovered wood that is processed for use as fuel , and | general construction or demolition debris that is processed for | use at a landfill that is sent for disposal at the end of the | applicable retention period shall not be considered as meeting | the 75% diversion requirement for purposes of subdivision | (b)(3) of this Section if sent for disposal at the end of the | applicable retention period . | (h) For the purposes of this Section, "general construction | or demolition debris that is processed for use at a landfill" | means general construction or demolition debris that is | processed for use at a MSWLF unit as alternative daily cover, | road building material, or drainage structure building | material in accordance with the MSWLF unit's waste disposal | permit issued by the Agency under this Act. | (Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09; | 96-1000, eff. 7-2-10.)
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| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 7/28/2011
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