Public Act 097-0510
HB3620 EnrolledLRB097 09237 JDS 49372 b

    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 3.135 as follows:
    (415 ILCS 5/3.135)  (was 415 ILCS 5/3.94)
    Sec. 3.135. Coal combustion by-product; CCB.
    (a) "Coal combustion by-product" (CCB) means coal
combustion waste when used beneficially in any of the following
        (1) The extraction or recovery of material compounds
    contained within CCB.
        (2) The use of CCB as a raw ingredient or mineral
    filler in the manufacture of the following commercial
    products: cement; concrete and concrete mortars;
    cementious products including block, pipe and
    precast/prestressed components; asphalt or cementious
    roofing products; plastic products including pipes and
    fittings; paints and metal alloys; kiln fired products
    including bricks, blocks, and tiles; abrasive media;
    gypsum wallboard; asphaltic concrete, or asphalt based
    paving material.
        (3) CCB used (A) in accordance with the Illinois
    Department of Transportation ("IDOT") standard
    specifications and subsection (a-5) of this Section or (B)
    under the approval of the Department of Transportation for
    IDOT projects.
        (4) Bottom ash used as antiskid material, athletic
    tracks, or foot paths.
        (5) Use in the stabilization or modification of soils
    providing the CCB meets the IDOT specifications for soil
        (6) CCB used as a functionally equivalent substitute
    for agricultural lime as a soil conditioner.
        (7) Bottom ash used in non-IDOT pavement sub-base or
    base, pipe bedding, or foundation backfill.
        (8) Structural fill, designed and constructed
    according to ASTM standard E2277-03 or Illinois Department
    of Transportation specifications, when used in an
    engineered application or combined with cement, sand, or
    water to produce a controlled strength fill material and
    covered with 12 inches of soil unless infiltration is
    prevented by the material itself or other cover material.
        (9) Mine subsidence, mine fire control, mine sealing,
    and mine reclamation.
    (a-5) Except to the extent that the uses are otherwise
authorized by law without such restrictions, the uses specified
in items (a)(3)(A) and (a)(7) through (9) shall be subject to
the following conditions:
        (A) CCB shall not have been mixed with hazardous waste
    prior to use.
        (B) CCB shall not exceed Class I Groundwater Standards
    for metals when tested utilizing test method ASTM D3987-85.
    The sample or samples tested shall be representative of the
    CCB being considered for use.
        (C) Unless otherwise exempted, users of CCB for the
    purposes described in items (a)(3)(A) and (a)(7) through
    (9) of this Section shall provide notification to the
    Agency for each project utilizing CCB documenting the
    quantity of CCB utilized and certification of compliance
    with conditions (A) and (B) of this subsection.
    Notification shall not be required for users of CCB for
    purposes described in items (a)(1), (a)(2), (a)(3)(B),
    (a)(4), (a)(5) and (a)(6) of this Section, or as required
    specifically under a beneficial use determination as
    provided under this Section, or pavement base, parking lot
    base, or building base projects utilizing less than 10,000
    tons, flowable fill/grout projects utilizing less than
    1,000 cubic yards or other applications utilizing less than
    100 tons.
        (D) Fly ash shall be managed in a manner that minimizes
    the generation of airborne particles and dust using
    techniques such as moisture conditioning, granulating,
    inground application, or other demonstrated method.
        (E) CCB is not to be accumulated speculatively. CCB is
    not accumulated speculatively if during the calendar year,
    the CCB used is equal to 75% of the CCB by weight or volume
    accumulated at the beginning of the period.
        (F) CCB shall include any prescribed mixture of fly
    ash, bottom ash, boiler slag, flue gas desulfurization
    scrubber sludge, fluidized bed combustion ash, and stoker
    boiler ash and shall be tested as intended for use.
    (b) To encourage and promote the utilization of CCB in
productive and beneficial applications, upon request by the
applicant, the Agency shall make a written beneficial use
determination that coal-combustion waste is CCB when used in a
manner other than those uses specified in subsection (a) of
this Section if the applicant demonstrates that use of the
coal-combustion waste satisfies all of the following criteria:
the use will not cause, threaten, or allow the discharge of any
contaminant into the environment; the use will otherwise
protect human health and safety and the environment; and the
use constitutes a legitimate use of the coal-combustion waste
as an ingredient or raw material that is an effective
substitute for an analogous ingredient or raw material.
    The Agency's beneficial use determinations may allow the
uses set forth in items (a)(3)(A) and (a)(7) through (9) of
this Section without the CCB being subject to the restrictions
set forth in subdivisions (a-5)(B) and (a-5)(E) of this
    Within 90 days after the receipt of an application for a
beneficial use determination under this subsection (b), the
Agency shall, in writing, approve, disapprove, or approve with
conditions the beneficial use. Any disapproval or approval with
conditions shall include the Agency's reasons for the
disapproval or conditions. Failure of the Agency to issue a
decision within 90 days shall constitute disapproval of the
beneficial use request. These beneficial use determinations
are subject to review under Section 40 of this Act.
    Any approval of a beneficial use under this subsection (b)
shall become effective upon the date of the Agency's written
decision and remain in effect for a period of 5 years. If an
applicant desires to continue a beneficial use after the
expiration of the 5-year period, the applicant must submit an
application for renewal no later than 90 days prior to the
expiration. The beneficial use approval shall be automatically
extended unless denied by the Agency in writing with the
Agency's reasons for disapproval, or unless the Agency has
requested an extension for review, in which case the use will
continue to be allowed until an Agency determination is made.
    Coal-combustion waste for which a beneficial use is
approved pursuant to this subsection (b) shall be considered
CCB during the effective period of the approval, as long as it
is used in accordance with the approval and any conditions.
    Notwithstanding the other provisions of this subsection
(b), written beneficial use determination applications for the
use of CCB at sites governed by the federal Surface Mining
Control and Reclamation Act of 1977 (P.L. 95-87) or the rules
and regulations thereunder, or by any law or rule or regulation
adopted by the State of Illinois pursuant thereto, shall be
reviewed and approved by the Office of Mines and Minerals
within the Department of Natural Resources pursuant to 62 Ill.
Adm. Code 1700-1850. Further, appeals of those
determinations shall be made pursuant to the Illinois
Administrative Review Law.
    The Board shall adopt rules establishing standards and
procedures for the Agency's issuance of beneficial use
determinations under this subsection (b). The Board rules may
also, but are not required to, include standards and procedures
for the revocation of the beneficial use determinations. Prior
to the effective date of Board rules adopted under this
subsection (b), the Agency is authorized to make beneficial use
determinations in accordance with this subsection (b).
    The Agency is authorized to prepare and distribute guidance
documents relating to its administration of this Section.
Guidance documents prepared under this subsection are not rules
for the purposes of the Illinois Administrative Procedure Act.
(Source: P.A. 94-66, eff. 1-1-06.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2011