HB4331sam003 100TH GENERAL ASSEMBLY

Sen. Michael E. Hastings

Filed: 5/30/2018

10000HB4331sam003 LRB100 16764 MJP 41187 a

AMENDMENT TO HOUSE BILL 4331

AMENDMENT NO. ______. Amend House Bill 4331 by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Protection Act is amended by changing Section 22.51 as follows:

(415 ILCS 5/22.51)

Sec. 22.51. Clean Construction or Demolition Debris Fill Operations.

(a) No person shall conduct any clean construction or demolition debris fill operation in violation of this Act or any regulations or standards adopted by the Board.

(b)(1)(A) Beginning August 18, 2005 but prior to July 1, 2008, no person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation, unless they have applied for an interim authorization from the Agency for the clean construction or demolition debris fill operation.

(B) The Agency shall approve an interim authorization upon its receipt of a written application for the interim authorization that is signed by the site owner and the site operator, or their duly authorized agent, and that contains the following information: (i) the location of the site where the clean construction or demolition debris fill operation is taking place, (ii) the name and address of the site owner, (iii) the name and address of the site operator, and (iv) the types and amounts of clean construction or demolition debris being used as fill material at the site.

(C) The Agency may deny an interim authorization if the site owner or the site operator, or their duly authorized agent, fails to provide to the Agency the information listed in subsection (b)(1)(B) of this Section. Any denial of an interim authorization shall be subject to appeal to the Board in accordance with the procedures of Section 40 of this Act.

(D) No person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation for which the Agency has denied interim authorization under subsection (b)(1)(C) of this Section. The Board may stay the prohibition of this subsection (D) during the pendency of an appeal of the Agency's denial of the interim authorization brought under subsection (b)(1)(C) of this Section.

(2) Beginning September 1, 2006, owners and operators of clean construction or demolition debris fill operations shall, in accordance with a schedule prescribed by the Agency, submit to the Agency applications for the permits required under this Section. The Agency shall notify owners and operators in writing of the due date for their permit application. The due date shall be no less than 90 days after the date of the Agency's written notification. Owners and operators who do not receive a written notification from the Agency by October 1, 2007, shall submit a permit application to the Agency by January 1, 2008. The interim authorization of owners and operators who fail to submit a permit application to the Agency by the permit application's due date shall terminate on (i) the due date established by the Agency if the owner or operator received a written notification from the Agency prior to October 1, 2007, or (ii) or January 1, 2008, if the owner or operator did not receive a written notification from the Agency by October 1, 2007.

(3) On and after July 1, 2008, no person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation (i) without a permit granted by the Agency for the clean construction or demolition debris fill operation or in violation of any conditions imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with Board regulations and standards adopted under this Act or (ii) in violation of any regulations or standards adopted by the Board under this Act.

(4) This subsection (b) does not apply to:

(A) the use of clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation located on the site where the clean construction or demolition debris was generated;

(B) the use of clean construction or demolition debris as fill material in an excavation other than a current or former quarry or mine if this use complies with Illinois Department of Transportation specifications; or

(C) current or former quarries, mines, and other excavations that do not use clean construction or demolition debris as fill material.

(c) In accordance with Title VII of this Act, the Board may adopt regulations to promote the purposes of this Section. The Agency shall consult with the mining and construction industries during the development of any regulations to promote the purposes of this Section.

(1) No later than December 15, 2005, the Agency shall propose to the Board, and no later than September 1, 2006, the Board shall adopt, regulations for the use of clean construction or demolition debris as fill material in current and former quarries, mines, and other excavations. Such regulations shall include, but shall not be limited to, standards for clean construction or demolition debris fill operations and the submission and review of permits required under this Section.

(2) Until the Board adopts rules under subsection (c)(1) of this Section, all persons using clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation shall:

(A) Assure that only clean construction or demolition debris is being used as fill material by screening each truckload of material received using a device approved by the Agency that detects volatile organic compounds. Such devices may include, but are not limited to, photo ionization detectors. All screening devices shall be operated and maintained in accordance with manufacturer's specifications. Unacceptable fill material shall be rejected from the site; and

(B) Retain for a minimum of 3 years the following information:

(i) The name of the hauler, the name of the generator, and place of origin of the debris or soil;

(ii) The approximate weight or volume of the debris or soil; and

(iii) The date the debris or soil was received.

(d) This Section applies only to clean construction or demolition debris that is not considered "waste" as provided in Section 3.160 of this Act.

(e) For purposes of this Section:

(1) The term "operator" means a person responsible for the operation and maintenance of a clean construction or demolition debris fill operation.

(2) The term "owner" means a person who has any direct or indirect interest in a clean construction or demolition debris fill operation or in land on which a person operates and maintains a clean construction or demolition debris fill operation. A "direct or indirect interest" does not include the ownership of publicly traded stock. The "owner" is the "operator" if there is no other person who is operating and maintaining a clean construction or demolition debris fill operation.

(3) The term "clean construction or demolition debris fill operation" means a current or former quarry, mine, or other excavation where clean construction or demolition debris is used as fill material.

(4) The term "uncontaminated soil" shall have the same meaning as uncontaminated soil under Section 3.160 of this Act.

(f)(1) No later than one year after the effective date of this amendatory Act of the 96th General Assembly, the Agency shall propose to the Board, and, no later than one year after the Board's receipt of the Agency's proposal, the Board shall adopt, rules for the use of clean construction or demolition debris and uncontaminated soil as fill material at clean construction or demolition debris fill operations. The rules must include standards and procedures necessary to protect groundwater, which may include, but shall not be limited to, the following: requirements regarding testing and certification of soil used as fill material, surface water runoff, liners or other protective barriers, monitoring (including, but not limited to, groundwater monitoring), corrective action, recordkeeping, reporting, closure and post-closure care, financial assurance, post-closure land use controls, location standards, and the modification of existing permits to conform to the requirements of this Act and Board rules. The rules may also include limits on the use of recyclable concrete and asphalt as fill material at clean construction or demolition debris fill operations, taking into account factors such as technical feasibility, economic reasonableness, and the availability of markets for such materials.

(2) Until the effective date of the Board rules adopted under subdivision (f)(1) of this Section, and in addition to any other requirements, owners and operators of clean construction or demolition debris fill operations must do all of the following in subdivisions (f)(2)(A) through (f)(2)(D) of this Section for all clean construction or demolition debris and uncontaminated soil accepted for use as fill material. The requirements in subdivisions (f)(2)(A) through (f)(2)(D) of this Section shall not limit any rules adopted by the Board.

(A) Document the following information for each load of clean construction or demolition debris or uncontaminated soil received: (i) the name of the hauler, the address of the site of origin, and the owner and the operator of the site of origin of the clean construction or demolition debris or uncontaminated soil, (ii) the weight or volume of the clean construction or demolition debris or uncontaminated soil, and (iii) the date the clean construction or demolition debris or uncontaminated soil was received.

(B) For all soil, obtain either (i) a certification from the owner or operator of the site from which the soil was removed that the site has never been used for commercial or industrial purposes and is presumed to be uncontaminated soil or (ii) a certification from a licensed Professional Engineer or licensed Professional Geologist that the soil is uncontaminated soil. Certifications required under this subdivision (f)(2)(B) must be on forms and in a format prescribed by the Agency.

(C) Confirm that the clean construction or demolition debris or uncontaminated soil was not removed from a site as part of a cleanup or removal of contaminants, including, but not limited to, activities conducted under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; as part of a Closure or Corrective Action under the Resource Conservation and Recovery Act, as amended; or under an Agency remediation program, such as the Leaking Underground Storage Tank Program or Site Remediation Program, but excluding sites subject to Section 58.16 of this Act where there is no presence or likely presence of a release or a substantial threat of a release of a regulated substance at, on, or from the real property.

(D) Document all activities required under subdivision (f)(2) of this Section. Documentation of any chemical analysis must include, but is not limited to, (i) a copy of the lab analysis, (ii) accreditation status of the laboratory performing the analysis, and (iii) certification by an authorized agent of the laboratory that the analysis has been performed in accordance with the Agency's rules for the accreditation of environmental laboratories and the scope of accreditation.

(3) Owners and operators of clean construction or demolition debris fill operations must maintain all documentation required under subdivision (f)(2) of this Section for a minimum of 3 years following the receipt of each load of clean construction or demolition debris or uncontaminated soil, except that documentation relating to an appeal, litigation, or other disputed claim must be maintained until at least 3 years after the date of the final disposition of the appeal, litigation, or other disputed claim. Copies of the documentation must be made available to the Agency and to units of local government for inspection and copying during normal business hours. The Agency may prescribe forms and formats for the documentation required under subdivision (f)(2) of this Section.

Chemical analysis conducted under subdivision (f)(2) of this Section must be conducted in accordance with the requirements of 35 Ill. Adm. Code 742, as amended, and "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA Publication No. SW-846, as amended.

(g)(1) No person shall use soil other than uncontaminated soil as fill material at a clean construction or demolition debris fill operation.

(2) No person shall use construction or demolition debris other than clean construction or demolition debris as fill material at a clean construction or demolition debris fill operation.

(h) The Board shall adopt rules allowing the owner or operator of a permitted clean construction or demolition debris fill operation located on a property having the following legal description to apply to the Agency to transfer a portion of the site to another person before termination of the permit, and to have the transferred portion of the site removed from the permit before completion of closure and post-closure maintenance, before the Agency's permit modification: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH PARTS OF VARIOUS LOTS IN HO STONE AND COMPANY'S 5TH ADDITION IN SECTION 2 AFORESAID, AND PART OF 44TH PLACE (50 FEET WIDE) BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF 43RD PLACE (66 FEET WIDE) AND THE WEST LINE OF VACATED RIVERSIDE AVENUE (33 FEET WIDE); THENCE SOUTH 89 DEGREES 59 MINUTES 49 SECONDS WEST 33.00 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 20 SECONDS EAST BEING ALONG THE WEST LINE OF RIVERSIDE AVENUE (NOW 66 FEET WIDE) 619.09 FEET TO THE NORTH LINE OF 44TH PLACE; THENCE SOUTH 89 DEGREES 59 MINUTES 52 SECONDS WEST 762.07 FEET; THENCE SOUTH 00 DEGREES 06 MINUTES 21 SECONDS WEST 405.04 (311.45 RECORD) FEET; THENCE NORTH 89 DEGREES 59 MINUTES 58 SECONDS EAST 17.0 FEET; THENCE SOUTH 00 DEGREES 06 MINUTES 11 SECONDS WEST 127.15 FEET; THENCE SOUTH 08 DEGREES 44 MINUTES 49 SECONDS EAST 360.40 FEET; THENCE SOUTHEASTERLY 202.12 FEET ALONG THE ARC OF A CIRCLE CONVEX SOUTHWESTERLY WITH A RADIUS OF 920.90 FEET AND WHOSE CHORD BEARS SOUTH 15 DEGREES 02 MINUTES 04 SECONDS EAST A DISTANCE OF 201.71 FEET; THENCE SOUTH 21 DEGREES 19 MINUTES 19 SECONDS EAST 382.0 FEET; THENCE SOUTHEASTERLY 236.28 FEET ALONG AN ARC OF A CIRCLE CONVEX NORTHEASTERLY WITH A RADIUS OF 637.10 FEET AND WHOSE CHORD BEARS SOUTH 10 DEGREES 41 MINUTES 49 SECONDS EAST A DISTANCE OF 234.94 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 19 SECONDS EAST 30.47 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 52 SECONDS WEST 44.0 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 52 SECONDS WEST 30.48 FEET; THENCE NORTHWESTERLY 219.98 FEET ALONG AN ARC OF A CIRCLE CONVEX NORTHEASTERLY WITH A RADIUS OF 593.10 FEET AND WHOSE CHORD BEARS NORTH 10 DEGREES 41 MINUTES 49 SECONDS WEST A DISTANCE OF 218.71 FEET; THENCE NORTH 21 DEGREES 19 MINUTES 19 SECONDS WEST 382.0 FEET; THENCE NORTHWESTERLY 211.77 FEET ALONG AN ARC OF A CIRCLE CONVEX SOUTHWESTERLY WITH A RADIUS OF 964.90 FEET AND WHOSE CHORD BEARS NORTH 15 DEGREES 02 MINUTES 04 SECONDS WEST A DISTANCE OF 211.35 FEET; THENCE NORTH 08 DEGREES 44 MINUTES 49 SECONDS WEST 250.76 FEET; THENCE NORTHWESTERLY 148.11 FEET ALONG AN ARC OF A CIRCLE CONVEX WESTERLY WITH A RADIUS OF 960.08 FEET AND WHOSE CHORD BEARS NORTH 04 DEGREES 21 MINUTES 05 SECONDS WEST A DISTANCE OF 147.96 FEET; THENCE NORTH 00 DEGREES 06 MINUTES 11 SECONDS EAST 195.67 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 58 SECONDS WEST 11.90 FEET ALONG THE SOUTH LINE OF 45TH STREET; THENCE NORTH 00 DEGREES 06 MINUTES 21 SECONDS EAST 303.98 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 52 SECONDS WEST 108.12 FEET ALONG SAID NORTH LINE OF 44TH PLACE TO THE EAST LINE OF FIRST AVENUE; THENCE NORTH 01 DEGREES 18 MINUTES 13 SECONDS EAST 290.89 FEET ALONG SAID EAST LINE OF FIRST AVENUE; THENCE NORTH 02 DEGREES 21 MINUTES 09 SECONDS EAST 577.06 FEET ALONG SAID EAST LINE OF FIRST AVENUE; THENCE NORTH 03 DEGREES 06 MINUTES 19 SECONDS EAST 56.48 FEET ALONG SAID EAST LINE OF FIRST AVENUE; THENCE NORTH 89 DEGREES 58 MINUTES 49 SECONDS WEST 901.37 FEET ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 2 TO SAID WEST LINE OF VACATED RIVERSIDE AVENUE (33 FEET WIDE); THENCE SOUTH 00 DEGREES 05 MINUTES 20 SECONDS EAST 304.34 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.

The owner or operator of the permitted clean construction or demolition debris fill operation described under this subsection must meet the following requirements:

(1) The owner or operator shall file with the Agency:

(A) an application to modify the clean construction or demolition debris fill operation permit to recognize a change in ownership of the transferred property before completion of closure and post-closure maintenance;

(B) documentation identifying the portion of the site being transferred, including, but not limited to, a survey of the portion of the clean construction or demolition debris fill operation being transferred; and

(C) a copy of the new owner's plans for the portion of the site being transferred that document how the site will be developed, including, but not limited to, plans demonstrating how the closure and post-closure requirements set forth in Board rules will be satisfied, which shall be signed by the new owner of the portion of the site being transferred and include the name, address, and contact information of the new owner.

(2) The owner or operator of the site shall conduct a Phase I and Phase II Environmental Site Assessment in accordance with Board rules and provide a copy of each assessment to the prospective owner and to the Agency as part of an application to modify the clean construction or demolition debris fill operation permit to remove a portion of the site from the permit.

(3) The portion of the site being transferred shall be filled to within at least 3 feet of the final fill elevation that would otherwise be required under the closure and post-closure maintenance requirements in the permit.

(4) The owner or operator shall post with the Agency a performance bond for purposes of closure and post-closure maintenance of the portion of the site being transferred. The bond shall be directly related to the estimate of the costs for the Agency to bring the transferred portion of the site to a condition consistent with the closure and post-closure maintenance requirements applicable to the site. The bond required under this paragraph shall not affect in any way any obligation or liability of any person under this Act or any other State or federal law.

(5) The person to whom a portion of a permitted clean construction or demolition debris fill operation is transferred must complete closure and post-closure maintenance for the transferred portion of the site in accordance with Board rules. The rules adopted under this subsection shall also specify the conditions under which the State is entitled to collect moneys from the performance bond required under paragraph (4).

(6) Any money forfeited to the State of Illinois from any performance bond required under this subsection shall be deposited in to the Landfill Closure and Post-Closure Fund established under Section 21.1 of this Act and shall, upon approval by the Governor and the Director of the Agency, be used by and under the direction of the Agency for the purposes for which the performance bond was issued. The Agency shall have the authority to approve or disapprove any performance bond posted in accordance with the rules adopted under this subsection. If the Agency disapproves a performance bond required under the rules adopted under this subsection, the person whose performance bond is disapproved by the Agency may contest the disapproval in the same manner as the appeal of a permit denial under Section 40 of this Act. Until such time as the Agency either collects bond money forfeited to the State in accordance with rules adopted by the Board under this Section or the Agency releases the bond in favor of the site owner or operator who posted the bond, the name and address of the current owner of the portion of the clean construction or demolition debris site transferred under this subsection shall be provided to the Agency for record keeping purposes.

(7) The Agency is authorized to enter into contracts and agreements as it may deem necessary to carry out the purposes of this subsection or rules adopted under this subsection. Neither the State, the Director of the Agency, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under this subsection or rules adopted under this subsection.

(i) The rules adopted under subsection (h) may:

(1) require groundwater monitoring at each clean construction or demolition debris fill operation; the groundwater monitoring requirements shall be designed to detect and prevent exceedances of the Board's Class I groundwater quality standards; the groundwater monitoring requirements shall include, but shall not be limited to, the following: requirements governing groundwater monitoring frequency; specific requirements pertaining to each site located near an area where groundwater is a source of drinking water, each site accepting large quantities of clean construction or demolition debris (CCDD), and each site that began accepting CCDD prior to 2010; a methodology specifying the minimum required number of no less than 4 groundwater monitoring wells and well locations that must be reviewed and approved by the Agency; installation of the groundwater monitoring system within one year after the Board adopts the rules; requirements governing monitoring duration that shall include post-closure monitoring for at least 5 years after the Agency issues to the owner or operator a certification of closure; remedial action procedures to address exceedances of the Class I groundwater standards; and financial assurance for corrective action, closure, and post-closure; groundwater monitoring shall be required for each clean construction or demolition debris fill operation, unless, before the effective date of this amendatory Act of the 100th General Assembly, the owner or operator has completed post-closure maintenance and received written notification from the Agency that the permit is terminated; or

(2) require inward gradient determination testing conducted in accordance with National Pollutant Discharge Elimination System standards, subject to a settlement agreement with the State.

(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)

Section 99. Effective date. This Act takes effect upon becoming law.".