Rep. Daniel V. Beiser

Filed: 2/22/2011

 

 


 

 


 
09700HB1326ham001LRB097 07066 JDS 50933 a

1
AMENDMENT TO HOUSE BILL 1326

2    AMENDMENT NO. ______. Amend House Bill 1326 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 21 and 22.54 as follows:
 
6    (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)
7    Sec. 21. Prohibited acts. No person shall:
8    (a) Cause or allow the open dumping of any waste.
9    (b) Abandon, dump, or deposit any waste upon the public
10highways or other public property, except in a sanitary
11landfill approved by the Agency pursuant to regulations adopted
12by the Board.
13    (c) Abandon any vehicle in violation of the "Abandoned
14Vehicles Amendment to the Illinois Vehicle Code", as enacted by
15the 76th General Assembly.
16    (c-5) Accept asphalt roofing shingles at a waste-storage,

 

 

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1waste-treatment, or waste-disposal operation if a shingle
2recycling facility on the roster maintained by the Agency under
3subsection (e-5) of this Act is located within a 55-mile radius
4of the waste-storage, waste-treatment, or waste-disposal
5operation.
6    (d) Conduct any waste-storage, waste-treatment, or
7waste-disposal operation:
8        (1) without a permit granted by the Agency or in
9    violation of any conditions imposed by such permit,
10    including periodic reports and full access to adequate
11    records and the inspection of facilities, as may be
12    necessary to assure compliance with this Act and with
13    regulations and standards adopted thereunder; provided,
14    however, that, except for municipal solid waste landfill
15    units that receive waste on or after October 9, 1993, no
16    permit shall be required for (i) any person conducting a
17    waste-storage, waste-treatment, or waste-disposal
18    operation for wastes generated by such person's own
19    activities which are stored, treated, or disposed within
20    the site where such wastes are generated, or (ii) a
21    facility located in a county with a population over 700,000
22    as of January 1, 2000, operated and located in accordance
23    with Section 22.38 of this Act, and used exclusively for
24    the transfer, storage, or treatment of general
25    construction or demolition debris, provided that the
26    facility was receiving construction or demolition debris

 

 

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1    on the effective date of this amendatory Act of the 96th
2    General Assembly;
3        (2) in violation of any regulations or standards
4    adopted by the Board under this Act; or
5        (3) which receives waste after August 31, 1988, does
6    not have a permit issued by the Agency, and is (i) a
7    landfill used exclusively for the disposal of waste
8    generated at the site, (ii) a surface impoundment receiving
9    special waste not listed in an NPDES permit, (iii) a waste
10    pile in which the total volume of waste is greater than 100
11    cubic yards or the waste is stored for over one year, or
12    (iv) a land treatment facility receiving special waste
13    generated at the site; without giving notice of the
14    operation to the Agency by January 1, 1989, or 30 days
15    after the date on which the operation commences, whichever
16    is later, and every 3 years thereafter. The form for such
17    notification shall be specified by the Agency, and shall be
18    limited to information regarding: the name and address of
19    the location of the operation; the type of operation; the
20    types and amounts of waste stored, treated or disposed of
21    on an annual basis; the remaining capacity of the
22    operation; and the remaining expected life of the
23    operation.
24    Item (3) of this subsection (d) shall not apply to any
25person engaged in agricultural activity who is disposing of a
26substance that constitutes solid waste, if the substance was

 

 

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1acquired for use by that person on his own property, and the
2substance is disposed of on his own property in accordance with
3regulations or standards adopted by the Board.
4    This subsection (d) shall not apply to hazardous waste.
5    (e) Dispose, treat, store or abandon any waste, or
6transport any waste into this State for disposal, treatment,
7storage or abandonment, except at a site or facility which
8meets the requirements of this Act and of regulations and
9standards thereunder.
10    (f) Conduct any hazardous waste-storage, hazardous
11waste-treatment or hazardous waste-disposal operation:
12        (1) without a RCRA permit for the site issued by the
13    Agency under subsection (d) of Section 39 of this Act, or
14    in violation of any condition imposed by such permit,
15    including periodic reports and full access to adequate
16    records and the inspection of facilities, as may be
17    necessary to assure compliance with this Act and with
18    regulations and standards adopted thereunder; or
19        (2) in violation of any regulations or standards
20    adopted by the Board under this Act; or
21        (3) in violation of any RCRA permit filing requirement
22    established under standards adopted by the Board under this
23    Act; or
24        (4) in violation of any order adopted by the Board
25    under this Act.
26    Notwithstanding the above, no RCRA permit shall be required

 

 

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1under this subsection or subsection (d) of Section 39 of this
2Act for any person engaged in agricultural activity who is
3disposing of a substance which has been identified as a
4hazardous waste, and which has been designated by Board
5regulations as being subject to this exception, if the
6substance was acquired for use by that person on his own
7property and the substance is disposed of on his own property
8in accordance with regulations or standards adopted by the
9Board.
10    (g) Conduct any hazardous waste-transportation operation:
11        (1) without registering with and obtaining a permit
12    from the Agency in accordance with the Uniform Program
13    implemented under subsection (l-5) of Section 22.2; or
14        (2) in violation of any regulations or standards
15    adopted by the Board under this Act.
16    (h) Conduct any hazardous waste-recycling or hazardous
17waste-reclamation or hazardous waste-reuse operation in
18violation of any regulations, standards or permit requirements
19adopted by the Board under this Act.
20    (i) Conduct any process or engage in any act which produces
21hazardous waste in violation of any regulations or standards
22adopted by the Board under subsections (a) and (c) of Section
2322.4 of this Act.
24    (j) Conduct any special waste transportation operation in
25violation of any regulations, standards or permit requirements
26adopted by the Board under this Act. However, sludge from a

 

 

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1water or sewage treatment plant owned and operated by a unit of
2local government which (1) is subject to a sludge management
3plan approved by the Agency or a permit granted by the Agency,
4and (2) has been tested and determined not to be a hazardous
5waste as required by applicable State and federal laws and
6regulations, may be transported in this State without a special
7waste hauling permit, and the preparation and carrying of a
8manifest shall not be required for such sludge under the rules
9of the Pollution Control Board. The unit of local government
10which operates the treatment plant producing such sludge shall
11file a semiannual report with the Agency identifying the volume
12of such sludge transported during the reporting period, the
13hauler of the sludge, and the disposal sites to which it was
14transported. This subsection (j) shall not apply to hazardous
15waste.
16    (k) Fail or refuse to pay any fee imposed under this Act.
17    (l) Locate a hazardous waste disposal site above an active
18or inactive shaft or tunneled mine or within 2 miles of an
19active fault in the earth's crust. In counties of population
20less than 225,000 no hazardous waste disposal site shall be
21located (1) within 1 1/2 miles of the corporate limits as
22defined on June 30, 1978, of any municipality without the
23approval of the governing body of the municipality in an
24official action; or (2) within 1000 feet of an existing private
25well or the existing source of a public water supply measured
26from the boundary of the actual active permitted site and

 

 

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1excluding existing private wells on the property of the permit
2applicant. The provisions of this subsection do not apply to
3publicly-owned sewage works or the disposal or utilization of
4sludge from publicly-owned sewage works.
5    (m) Transfer interest in any land which has been used as a
6hazardous waste disposal site without written notification to
7the Agency of the transfer and to the transferee of the
8conditions imposed by the Agency upon its use under subsection
9(g) of Section 39.
10    (n) Use any land which has been used as a hazardous waste
11disposal site except in compliance with conditions imposed by
12the Agency under subsection (g) of Section 39.
13    (o) Conduct a sanitary landfill operation which is required
14to have a permit under subsection (d) of this Section, in a
15manner which results in any of the following conditions:
16        (1) refuse in standing or flowing waters;
17        (2) leachate flows entering waters of the State;
18        (3) leachate flows exiting the landfill confines (as
19    determined by the boundaries established for the landfill
20    by a permit issued by the Agency);
21        (4) open burning of refuse in violation of Section 9 of
22    this Act;
23        (5) uncovered refuse remaining from any previous
24    operating day or at the conclusion of any operating day,
25    unless authorized by permit;
26        (6) failure to provide final cover within time limits

 

 

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1    established by Board regulations;
2        (7) acceptance of wastes without necessary permits;
3        (8) scavenging as defined by Board regulations;
4        (9) deposition of refuse in any unpermitted portion of
5    the landfill;
6        (10) acceptance of a special waste without a required
7    manifest;
8        (11) failure to submit reports required by permits or
9    Board regulations;
10        (12) failure to collect and contain litter from the
11    site by the end of each operating day;
12        (13) failure to submit any cost estimate for the site
13    or any performance bond or other security for the site as
14    required by this Act or Board rules.
15    The prohibitions specified in this subsection (o) shall be
16enforceable by the Agency either by administrative citation
17under Section 31.1 of this Act or as otherwise provided by this
18Act. The specific prohibitions in this subsection do not limit
19the power of the Board to establish regulations or standards
20applicable to sanitary landfills.
21    (p) In violation of subdivision (a) of this Section, cause
22or allow the open dumping of any waste in a manner which
23results in any of the following occurrences at the dump site:
24        (1) litter;
25        (2) scavenging;
26        (3) open burning;

 

 

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1        (4) deposition of waste in standing or flowing waters;
2        (5) proliferation of disease vectors;
3        (6) standing or flowing liquid discharge from the dump
4    site;
5        (7) deposition of:
6            (i) general construction or demolition debris as
7        defined in Section 3.160(a) of this Act; or
8            (ii) clean construction or demolition debris as
9        defined in Section 3.160(b) of this Act.
10    The prohibitions specified in this subsection (p) shall be
11enforceable by the Agency either by administrative citation
12under Section 31.1 of this Act or as otherwise provided by this
13Act. The specific prohibitions in this subsection do not limit
14the power of the Board to establish regulations or standards
15applicable to open dumping.
16    (q) Conduct a landscape waste composting operation without
17an Agency permit, provided, however, that no permit shall be
18required for any person:
19        (1) conducting a landscape waste composting operation
20    for landscape wastes generated by such person's own
21    activities which are stored, treated or disposed of within
22    the site where such wastes are generated; or
23        (2) applying landscape waste or composted landscape
24    waste at agronomic rates; or
25        (3) operating a landscape waste composting facility on
26    a farm, if the facility meets all of the following

 

 

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1    criteria:
2            (A) the composting facility is operated by the
3        farmer on property on which the composting material is
4        utilized, and the composting facility constitutes no
5        more than 2% of the property's total acreage, except
6        that the Agency may allow a higher percentage for
7        individual sites where the owner or operator has
8        demonstrated to the Agency that the site's soil
9        characteristics or crop needs require a higher rate;
10            (B) the property on which the composting facility
11        is located, and any associated property on which the
12        compost is used, is principally and diligently devoted
13        to the production of agricultural crops and is not
14        owned, leased or otherwise controlled by any waste
15        hauler or generator of nonagricultural compost
16        materials, and the operator of the composting facility
17        is not an employee, partner, shareholder, or in any way
18        connected with or controlled by any such waste hauler
19        or generator;
20            (C) all compost generated by the composting
21        facility is applied at agronomic rates and used as
22        mulch, fertilizer or soil conditioner on land actually
23        farmed by the person operating the composting
24        facility, and the finished compost is not stored at the
25        composting site for a period longer than 18 months
26        prior to its application as mulch, fertilizer, or soil

 

 

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1        conditioner;
2            (D) the owner or operator, by January 1, 1990 (or
3        the January 1 following commencement of operation,
4        whichever is later) and January 1 of each year
5        thereafter, (i) registers the site with the Agency,
6        (ii) reports to the Agency on the volume of composting
7        material received and used at the site, (iii) certifies
8        to the Agency that the site complies with the
9        requirements set forth in subparagraphs (A), (B) and
10        (C) of this paragraph (q)(3), and (iv) certifies to the
11        Agency that all composting material was placed more
12        than 200 feet from the nearest potable water supply
13        well, was placed outside the boundary of the 10-year
14        floodplain or on a part of the site that is
15        floodproofed, was placed at least 1/4 mile from the
16        nearest residence (other than a residence located on
17        the same property as the facility) and there are not
18        more than 10 occupied non-farm residences within 1/2
19        mile of the boundaries of the site on the date of
20        application, and was placed more than 5 feet above the
21        water table.
22    For the purposes of this subsection (q), "agronomic rates"
23means the application of not more than 20 tons per acre per
24year, except that the Agency may allow a higher rate for
25individual sites where the owner or operator has demonstrated
26to the Agency that the site's soil characteristics or crop

 

 

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1needs require a higher rate.
2    (r) Cause or allow the storage or disposal of coal
3combustion waste unless:
4        (1) such waste is stored or disposed of at a site or
5    facility for which a permit has been obtained or is not
6    otherwise required under subsection (d) of this Section; or
7        (2) such waste is stored or disposed of as a part of
8    the design and reclamation of a site or facility which is
9    an abandoned mine site in accordance with the Abandoned
10    Mined Lands and Water Reclamation Act; or
11        (3) such waste is stored or disposed of at a site or
12    facility which is operating under NPDES and Subtitle D
13    permits issued by the Agency pursuant to regulations
14    adopted by the Board for mine-related water pollution and
15    permits issued pursuant to the Federal Surface Mining
16    Control and Reclamation Act of 1977 (P.L. 95-87) or the
17    rules and regulations thereunder or any law or rule or
18    regulation adopted by the State of Illinois pursuant
19    thereto, and the owner or operator of the facility agrees
20    to accept the waste; and either
21            (i) such waste is stored or disposed of in
22        accordance with requirements applicable to refuse
23        disposal under regulations adopted by the Board for
24        mine-related water pollution and pursuant to NPDES and
25        Subtitle D permits issued by the Agency under such
26        regulations; or

 

 

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1            (ii) the owner or operator of the facility
2        demonstrates all of the following to the Agency, and
3        the facility is operated in accordance with the
4        demonstration as approved by the Agency: (1) the
5        disposal area will be covered in a manner that will
6        support continuous vegetation, (2) the facility will
7        be adequately protected from wind and water erosion,
8        (3) the pH will be maintained so as to prevent
9        excessive leaching of metal ions, and (4) adequate
10        containment or other measures will be provided to
11        protect surface water and groundwater from
12        contamination at levels prohibited by this Act, the
13        Illinois Groundwater Protection Act, or regulations
14        adopted pursuant thereto.
15    Notwithstanding any other provision of this Title, the
16disposal of coal combustion waste pursuant to item (2) or (3)
17of this subdivision (r) shall be exempt from the other
18provisions of this Title V, and notwithstanding the provisions
19of Title X of this Act, the Agency is authorized to grant
20experimental permits which include provision for the disposal
21of wastes from the combustion of coal and other materials
22pursuant to items (2) and (3) of this subdivision (r).
23    (s) After April 1, 1989, offer for transportation,
24transport, deliver, receive or accept special waste for which a
25manifest is required, unless the manifest indicates that the
26fee required under Section 22.8 of this Act has been paid.

 

 

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1    (t) Cause or allow a lateral expansion of a municipal solid
2waste landfill unit on or after October 9, 1993, without a
3permit modification, granted by the Agency, that authorizes the
4lateral expansion.
5    (u) Conduct any vegetable by-product treatment, storage,
6disposal or transportation operation in violation of any
7regulation, standards or permit requirements adopted by the
8Board under this Act. However, no permit shall be required
9under this Title V for the land application of vegetable
10by-products conducted pursuant to Agency permit issued under
11Title III of this Act to the generator of the vegetable
12by-products. In addition, vegetable by-products may be
13transported in this State without a special waste hauling
14permit, and without the preparation and carrying of a manifest.
15    (v) (Blank).
16    (w) Conduct any generation, transportation, or recycling
17of construction or demolition debris, clean or general, or
18uncontaminated soil generated during construction, remodeling,
19repair, and demolition of utilities, structures, and roads that
20is not commingled with any waste, without the maintenance of
21documentation identifying the hauler, generator, place of
22origin of the debris or soil, the weight or volume of the
23debris or soil, and the location, owner, and operator of the
24facility where the debris or soil was transferred, disposed,
25recycled, or treated. This documentation must be maintained by
26the generator, transporter, or recycler for 3 years. This

 

 

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1subsection (w) shall not apply to (1) a permitted pollution
2control facility that transfers or accepts construction or
3demolition debris, clean or general, or uncontaminated soil for
4final disposal, recycling, or treatment, (2) a public utility
5(as that term is defined in the Public Utilities Act) or a
6municipal utility, (3) the Illinois Department of
7Transportation, or (4) a municipality or a county highway
8department, with the exception of any municipality or county
9highway department located within a county having a population
10of over 3,000,000 inhabitants or located in a county that is
11contiguous to a county having a population of over 3,000,000
12inhabitants; but it shall apply to an entity that contracts
13with a public utility, a municipal utility, the Illinois
14Department of Transportation, or a municipality or a county
15highway department. The terms "generation" and "recycling" as
16used in this subsection do not apply to clean construction or
17demolition debris when (i) used as fill material below grade
18outside of a setback zone if covered by sufficient
19uncontaminated soil to support vegetation within 30 days of the
20completion of filling or if covered by a road or structure,
21(ii) solely broken concrete without protruding metal bars is
22used for erosion control, or (iii) milled asphalt or crushed
23concrete is used as aggregate in construction of the shoulder
24of a roadway. The terms "generation" and "recycling", as used
25in this subsection, do not apply to uncontaminated soil that is
26not commingled with any waste when (i) used as fill material

 

 

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1below grade or contoured to grade, or (ii) used at the site of
2generation.
3(Source: P.A. 96-611, eff. 8-24-09.)
 
4    (415 ILCS 5/22.54)
5    Sec. 22.54. Beneficial Use Determinations. The purpose of
6this Section is to allow the Agency to determine that a
7material otherwise required to be managed as waste may be
8managed as non-waste if that material is used beneficially and
9in a manner that is protective of human health and the
10environment.
11    (a) To the extent allowed by federal law, the Agency may,
12upon the request of an applicant, make a written determination
13that a material is used beneficially (rather than discarded)
14and, therefore, not a waste if the applicant demonstrates all
15of the following:
16        (1) The chemical and physical properties of the
17    material are comparable to similar commercially available
18    materials.
19        (2) The market demand for the material is such that all
20    of the following requirements are met:
21            (A) The material will be used within a reasonable
22        time.
23            (B) The material's storage prior to use will be
24        minimized.
25            (C) The material will not be abandoned.

 

 

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1        (3) The material is legitimately beneficially used.
2    For the purposes of this item (3) of subsection (a) of this
3    Section, a material is "legitimately beneficially used" if
4    the applicant demonstrates all of the following:
5            (A) The material is managed separately from waste,
6        as a valuable material, and in a manner that maintains
7        its beneficial usefulness, including, but not limited
8        to, storing in a manner that minimizes the material's
9        loss and maintains its beneficial usefulness.
10            (B) The material is used as an effective substitute
11        for a similar commercially available material. For the
12        purposes of this paragraph (B) of item (3) of
13        subsection (a) of this Section, a material is "used as
14        an effective substitute for a commercially available
15        material" if the applicant demonstrates one or more of
16        the following:
17                (i) The material is used as a valuable raw
18            material or ingredient to produce a legitimate end
19            product.
20                (ii) The material is used directly as a
21            legitimate end product in place of a similar
22            commercially available product.
23                (iii) The material replaces a catalyst or
24            carrier to produce a legitimate end product.
25            The applicant's demonstration under this paragraph
26        (B) of item (3) of subsection (a) of this Section must

 

 

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1        include, but is not limited to, a description of the
2        use of the material, a description of the use of the
3        legitimate end product, and a demonstration that the
4        use of the material is comparable to the use of similar
5        commercially available products.
6            (C) The applicant demonstrates all of the
7        following:
8                (i) The material is used under paragraph (B) of
9            item (3) of subsection (a) of this Section within a
10            reasonable time.
11                (ii) The material's storage prior to use is
12            minimized.
13                (iii) The material is not abandoned.
14        (4) The management and use of the material will not
15    cause, threaten, or allow the release of any contaminant
16    into the environment, except as authorized by law.
17        (5) The management and use of the material otherwise
18    protects human health and safety and the environment.
19    (b) Applications for beneficial use determinations must be
20submitted on forms and in a format prescribed by the Agency.
21Agency approval, approval with conditions, or disapproval of an
22application for a beneficial use determination must be in
23writing. Approvals with conditions and disapprovals of
24applications for a beneficial use determination must include
25the Agency's reasons for the conditions or disapproval, and
26they are subject to review under Section 40 of this Act.

 

 

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1    (c) Beneficial use determinations shall be effective for a
2period approved by the Agency, but that period may not exceed 5
3years. Material that is beneficially used (i) in accordance
4with a beneficial use determination, (ii) during the effective
5period of the beneficial use determination, and (iii) by the
6recipient of a beneficial use determination shall maintain its
7non-waste status after the effective period of the beneficial
8use determination unless its use no longer complies with the
9terms of the beneficial use determination or the material
10otherwise becomes waste.
11    (d) No recipient of a beneficial use determination shall
12manage or use the material that is the subject of the
13determination in violation of the determination or any
14conditions in the determination, unless the material is managed
15as waste.
16    (e) A beneficial use determination shall terminate by
17operation of law if, due to a change in law, it conflicts with
18the law; however, the recipient of the determination may apply
19for a new beneficial use determination that is consistent with
20the law as amended.
21    (e-5) The Agency must maintain on its Internet website an
22up-to-date roster of the shingle recycling facilities that
23comply with the operational guidelines and asbestos-testing
24requirements that the Agency has adopted in accordance with
25this Section, and the roster must, at a minimum, contain the
26name, address, and telephone number for each of those

 

 

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1facilities.
2    (f) This Section does not apply to hazardous waste, coal
3combustion waste, coal combustion by-product, sludge applied
4to the land, potentially infectious medical waste, or used oil.
5    (g) This Section does not apply to material that is burned
6for energy recovery, that is used to produce a fuel, or that is
7otherwise contained in a fuel.
8    (h) This Section does not apply to waste from the steel and
9foundry industries that is (i) classified as beneficially
10usable waste under Board rules and (ii) beneficially used in
11accordance with Board rules governing the management of
12beneficially usable waste from the steel and foundry
13industries. This Section does apply to other beneficial uses of
14waste from the steel and foundry industries, including, but not
15limited to, waste that is classified as beneficially usable
16waste but not used in accordance with the Board's rules
17governing the management of beneficially usable waste from the
18steel and foundry industries. No person shall use iron slags,
19steelmaking slags, or foundry sands for land reclamation
20purposes unless they have obtained a beneficial use
21determination for such use under this Section.
22    (i) For purposes of this Section, the term "commercially
23available material" means virgin material that (i) meets
24industry standards for a specific use and (ii) is normally sold
25for such use. For purposes of this Section, the term
26"commercially available product" means a product made of virgin

 

 

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1material that (i) meets industry standards for a specific use
2and (ii) is normally sold for such use.
3(Source: P.A. 96-489, eff. 8-14-09.)
 
4    Section 10. The Illinois Highway Code is amended by adding
5Section 4-221 as follows:
 
6    (605 ILCS 5/4-221 new)
7    Sec. 4-221. Mix designs; recycled asphalt shingles. To the
8extent allowed by federal law, the Department shall use
9recycled asphalt shingles from recycling facilities that are
10approved by the Illinois Environmental Protection Agency and
11that are in compliance with the operational guidelines and
12asbestos-testing requirements set forth by the Agency under
13Section 22.54 of the Environmental Protection Act in
14constructing and maintaining State highways. In creating the
15mix designs used for construction and maintenance of State
16highways, it shall be the goal of the Department, through its
17specifications, to meet or exceed the maximum percentage of
18recycled asphalt shingle and binder replacement allowed under
19Illinois State Toll Highway Authority specifications and to
20maximize the use of recycled aggregates and other constituents
21in the mix.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".