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Public Act 099-0020 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by | ||||
changing Section 3.135 as follows:
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(415 ILCS 5/3.135) (was 415 ILCS 5/3.94)
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Sec. 3.135. Coal combustion by-product; CCB.
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(a) "Coal combustion
by-product" (CCB) means coal | ||||
combustion waste when used beneficially in any of
the following | ||||
ways: | ||||
(1) The extraction or recovery of material compounds | ||||
contained within CCB.
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(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
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specifications and subsection (a-5) of this Section or (B)
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under the
approval of the Department of Transportation for | ||
IDOT projects.
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(4) Bottom ash used as antiskid material, athletic | ||
tracks, or foot paths.
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(5) Use in the
stabilization or modification of
soils | ||
providing the CCB meets the IDOT
specifications for soil | ||
modifiers.
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(6) CCB used as a functionally equivalent substitute | ||
for agricultural lime as a soil conditioner .
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(6.5) CCB that is a synthetic gypsum that: | ||
(A) has a calcium sulfate dihydrate content | ||
greater than 90%, by dry weight, and is generated by the | ||
lime or limestone forced oxidation process; | ||
(B) is registered with the Illinois Department of | ||
Agriculture as a fertilizer or soil amendment and is used | ||
as a fertilizer or soil amendment; | ||
(C) is a functionally equivalent substitute for | ||
mined gypsum (calcium sulfate dihydrate) used as a | ||
fertilizer or soil amendment; | ||
(D) is used in accordance with, and applied at a | ||
rate consistent with, documented recommendations of a | ||
qualified agricultural professional or institution, | ||
including, but not limited to any of the following: | ||
certified crop adviser, agronomist, university researcher, |
federal Natural Resources Conservation Service | ||
Conservation Practice Standard regarding the amendment of | ||
soil properties with gypsum, or State-approved nutrient | ||
management plan; but in no case is applied at a rate | ||
greater than 5 dry tons per acre per year; and | ||
(E) has not been mixed with any waste. | ||
(7) Bottom ash used in non-IDOT pavement sub-base or
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base, pipe bedding, or foundation
backfill.
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(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.
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(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:
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(A) CCB shall not have been mixed with hazardous waste | ||
prior to use.
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(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.
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(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.
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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.
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(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.
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(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.
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(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.
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(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.
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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 | ||
Section.
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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.
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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 ยงยง 1700-1850. Further, appeals of those | ||
determinations shall be made pursuant to the Illinois | ||
Administrative Review Law.
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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.
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(Source: P.A. 97-510, eff. 8-23-11.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |