|
|
||||
| Public Act 096-0235 |
||||
| ||||
| ||||
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 Sections 3.160 and 22.38 as follows:
| ||||
(415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
| ||||
Sec. 3.160. Construction or demolition debris.
| ||||
(a) "General construction or demolition debris" means | ||||
non-hazardous,
uncontaminated materials resulting from the | ||||
construction, remodeling, repair,
and demolition of utilities, | ||||
structures, and roads, limited to the following:
bricks, | ||||
concrete, and other masonry materials; soil; rock; wood, | ||||
including
non-hazardous painted, treated, and coated wood and | ||||
wood products; wall
coverings; plaster; drywall; plumbing | ||||
fixtures; non-asbestos insulation;
roofing shingles and other | ||||
roof coverings; reclaimed or other asphalt pavement; glass;
| ||||
plastics that are not sealed in a manner that conceals waste; | ||||
electrical
wiring and components containing no hazardous | ||||
substances; and corrugated cardboard, piping or metals
| ||||
incidental to any of those materials.
| ||||
General construction or demolition debris does not include | ||||
uncontaminated
soil generated during construction, remodeling, | ||||
repair, and demolition of
utilities, structures, and roads | ||||
provided the uncontaminated soil is not
commingled with any | ||
general construction or demolition debris or other waste.
| ||
To the extent allowed by federal law, uncontaminated | ||
concrete with protruding rebar shall be considered clean | ||
construction or demolition debris and shall not be considered | ||
"waste" if it is separated or processed and returned to the | ||
economic mainstream in the form of raw materials or products | ||
within 4 years of its generation, if it is not speculatively | ||
accumulated and, if used as a fill material, it is used in | ||
accordance with item (i) in subsection (b) of this Section.
| ||
(b) "Clean construction or demolition debris" means
| ||
uncontaminated broken concrete without protruding metal bars, | ||
bricks, rock,
stone, reclaimed or other asphalt pavement, or | ||
soil generated from construction or
demolition activities.
| ||
Clean construction or demolition debris does not include | ||
uncontaminated soil
generated during construction, remodeling, | ||
repair, and demolition of utilities,
structures, and roads | ||
provided the uncontaminated soil is not commingled with
any | ||
clean construction or demolition debris or other waste.
| ||
To the extent allowed by federal law, clean construction or | ||
demolition debris
shall not be considered "waste" if it is (i) | ||
used as fill material outside of a setback zone if the fill is | ||
placed no higher than the
highest point of elevation existing | ||
prior to the filling immediately adjacent
to the fill area, and | ||
if covered by sufficient uncontaminated soil to
support | ||
vegetation within 30 days of the completion of filling or if | ||
covered
by a road or structure, or (ii) separated or processed | ||
and returned to the
economic mainstream in the form of raw | ||
materials or products, if it is not
speculatively accumulated | ||
and, if used as a fill material, it is used in
accordance with | ||
item (i), or (iii) solely
broken concrete without protruding | ||
metal bars used for erosion control, or
(iv) generated from the | ||
construction or demolition of a building, road, or
other | ||
structure and used to construct, on the site where the | ||
construction or
demolition has taken place, a manmade
| ||
functional structure not to exceed 20 feet above the highest | ||
point of
elevation of the property immediately adjacent to the | ||
new manmade functional
structure as that elevation existed | ||
prior to the creation of that new
structure,
provided that the | ||
structure shall be covered with sufficient soil
materials to | ||
sustain vegetation or by a road or structure, and further
| ||
provided that no such structure shall be constructed within
a | ||
home rule municipality with a population over 500,000 without | ||
the consent
of the municipality.
| ||
For purposes of this subsection (b), reclaimed or other | ||
asphalt pavement shall not be considered speculatively | ||
accumulated if: (i) it is not commingled with any other clean | ||
construction or demolition debris or any waste; (ii) it is | ||
returned to the economic mainstream in the form of raw | ||
materials or products within 4 years after its generation; | ||
(iii) at least 25% of the total amount present at a site during | ||
a calendar year is transported off of the site during the next | ||
calendar year; and (iv) if used as a fill material, it is used | ||
in accordance with item (i) of the second paragraph of this | ||
subsection (b).
| ||
(Source: P.A. 94-272, eff. 7-19-05; 95-121, eff. 8-13-07.)
| ||
(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 of receipt of the general | ||
construction or demolition
debris at the facility, sort the | ||
general construction or demolition debris to
separate the
| ||
recyclable general construction or demolition debris and | ||
recovered wood that is processed for use as fuel from | ||
non-recyclable
general construction or demolition debris | ||
to be disposed of or discarded;
| ||
(2) transport off site for disposal all non-recyclable | ||
general
construction or demolition debris that is neither | ||
recyclable general construction or demolition debris nor | ||
recovered wood that is processed for use as fuel 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 | ||
on a daily basis consists of recyclable general | ||
construction or demolition debris, recovered wood that is | ||
processed for use as fuel, or both;
| ||
(4) transport all non-putrescible recyclable general | ||
construction or
demolition debris
for recycling or | ||
disposal within 6 months of its receipt at the facility;
| ||
(5) within 45 days of its receipt at the facility, | ||
transport | ||
(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 | ||
(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; within 45 days of its receipt at
| ||
the facility;
| ||
(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; and
| ||
(11) 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;
| ||
(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 | ||
site to be used for the
transportation and disposal of | ||
any general construction or demolition debris received | ||
at the facility that must be disposed of; | ||
non-recyclable materials accepted at the
facility;
| ||
(F) the name and location of an individual, | ||
facility, or business to
which recyclable materials | ||
will be transported; and | ||
(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) (G) other information as specified on the form | ||
provided by the Agency.
| ||
When any of the information contained or processes | ||
described in the initial
notification form submitted to the | ||
Agency 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 general
construction or | ||
demolition debris processed for use as fuel, incinerated,
| ||
burned, buried, or otherwise used as fill material.
| ||
(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". | ||
(g) Recyclable general construction or demolition debris | ||
or recovered wood that is processed for use as fuel 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. | ||
(Source: P.A. 90-475, eff. 8-17-97.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||