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Full Text of HB0266  96th General Assembly

HB0266enr 96TH GENERAL ASSEMBLY



 


 
HB0266 Enrolled LRB096 04409 JDS 14460 b

1     AN ACT concerning safety.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Environmental Protection Act is amended by
5 changing Sections 3.160 and 22.38 as follows:
 
6     (415 ILCS 5/3.160)  (was 415 ILCS 5/3.78 and 3.78a)
7     Sec. 3.160. Construction or demolition debris.
8     (a) "General construction or demolition debris" means
9 non-hazardous, uncontaminated materials resulting from the
10 construction, remodeling, repair, and demolition of utilities,
11 structures, and roads, limited to the following: bricks,
12 concrete, and other masonry materials; soil; rock; wood,
13 including non-hazardous painted, treated, and coated wood and
14 wood products; wall coverings; plaster; drywall; plumbing
15 fixtures; non-asbestos insulation; roofing shingles and other
16 roof coverings; reclaimed or other asphalt pavement; glass;
17 plastics that are not sealed in a manner that conceals waste;
18 electrical wiring and components containing no hazardous
19 substances; and corrugated cardboard, piping or metals
20 incidental to any of those materials.
21     General construction or demolition debris does not include
22 uncontaminated soil generated during construction, remodeling,
23 repair, and demolition of utilities, structures, and roads

 

 

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1 provided the uncontaminated soil is not commingled with any
2 general construction or demolition debris or other waste.
3     To the extent allowed by federal law, uncontaminated
4 concrete with protruding rebar shall be considered clean
5 construction or demolition debris and shall not be considered
6 "waste" if it is separated or processed and returned to the
7 economic mainstream in the form of raw materials or products
8 within 4 years of its generation, if it is not speculatively
9 accumulated and, if used as a fill material, it is used in
10 accordance with item (i) in subsection (b) of this Section.
11     (b) "Clean construction or demolition debris" means
12 uncontaminated broken concrete without protruding metal bars,
13 bricks, rock, stone, reclaimed or other asphalt pavement, or
14 soil generated from construction or demolition activities.
15     Clean construction or demolition debris does not include
16 uncontaminated soil generated during construction, remodeling,
17 repair, and demolition of utilities, structures, and roads
18 provided the uncontaminated soil is not commingled with any
19 clean construction or demolition debris or other waste.
20     To the extent allowed by federal law, clean construction or
21 demolition debris shall not be considered "waste" if it is (i)
22 used as fill material outside of a setback zone if the fill is
23 placed no higher than the highest point of elevation existing
24 prior to the filling immediately adjacent to the fill area, and
25 if covered by sufficient uncontaminated soil to support
26 vegetation within 30 days of the completion of filling or if

 

 

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1 covered by a road or structure, or (ii) separated or processed
2 and returned to the economic mainstream in the form of raw
3 materials or products, if it is not speculatively accumulated
4 and, if used as a fill material, it is used in accordance with
5 item (i), or (iii) solely broken concrete without protruding
6 metal bars used for erosion control, or (iv) generated from the
7 construction or demolition of a building, road, or other
8 structure and used to construct, on the site where the
9 construction or demolition has taken place, a manmade
10 functional structure not to exceed 20 feet above the highest
11 point of elevation of the property immediately adjacent to the
12 new manmade functional structure as that elevation existed
13 prior to the creation of that new structure, provided that the
14 structure shall be covered with sufficient soil materials to
15 sustain vegetation or by a road or structure, and further
16 provided that no such structure shall be constructed within a
17 home rule municipality with a population over 500,000 without
18 the consent of the municipality.
19     For purposes of this subsection (b), reclaimed or other
20 asphalt pavement shall not be considered speculatively
21 accumulated if: (i) it is not commingled with any other clean
22 construction or demolition debris or any waste; (ii) it is
23 returned to the economic mainstream in the form of raw
24 materials or products within 4 years after its generation;
25 (iii) at least 25% of the total amount present at a site during
26 a calendar year is transported off of the site during the next

 

 

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1 calendar year; and (iv) if used as a fill material, it is used
2 in accordance with item (i) of the second paragraph of this
3 subsection (b).
4 (Source: P.A. 94-272, eff. 7-19-05; 95-121, eff. 8-13-07.)
 
5     (415 ILCS 5/22.38)
6     Sec. 22.38. Facilities accepting exclusively general
7 construction or demolition debris for transfer, storage, or
8 treatment.
9     (a) Facilities accepting exclusively general construction
10 or demolition debris for transfer, storage, or treatment shall
11 be subject to local zoning, ordinance, and land use
12 requirements. Those facilities shall be located in accordance
13 with local zoning requirements or, in the absence of local
14 zoning requirements, shall be located so that no part of the
15 facility boundary is closer than 1,320 feet from the nearest
16 property zoned for primarily residential use.
17     (b) An owner or operator of a facility accepting
18 exclusively general construction or demolition debris for
19 transfer, storage, or treatment shall:
20         (1) within 48 hours of receipt of the general
21     construction or demolition debris at the facility, sort the
22     general construction or demolition debris to separate the
23     recyclable general construction or demolition debris and
24     recovered wood that is processed for use as fuel from
25     non-recyclable general construction or demolition debris

 

 

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1     to be disposed of or discarded;
2         (2) transport off site for disposal all non-recyclable
3     general construction or demolition debris that is neither
4     recyclable general construction or demolition debris nor
5     recovered wood that is processed for use as fuel in
6     accordance with all applicable federal, State, and local
7     requirements within 72 hours of its receipt at the
8     facility;
9         (3) limit the percentage of incoming non-recyclable
10     general construction or demolition debris to 25% or less of
11     the total incoming general construction or demolition
12     debris, as calculated on a daily basis, so that 75% or more
13     of the general construction or demolition debris accepted
14     on a daily basis consists of recyclable general
15     construction or demolition debris, recovered wood that is
16     processed for use as fuel, or both;
17         (4) transport all non-putrescible recyclable general
18     construction or demolition debris for recycling or
19     disposal within 6 months of its receipt at the facility;
20         (5) within 45 days of its receipt at the facility,
21     transport
22             (i) all putrescible or combustible recyclable
23         general construction or demolition debris (excluding
24         recovered wood that is processed for use as fuel) for
25         recycling or disposal; and
26             (ii) all recovered wood that is processed for use

 

 

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1         as fuel to an intermediate processing facility for
2         sizing, to a combustion facility for use as fuel, or to
3         a disposal facility; within 45 days of its receipt at
4         the facility;
5         (6) employ tagging and recordkeeping procedures to (i)
6     demonstrate compliance with this Section and (ii) identify
7     the source and transporter of material accepted by the
8     facility;
9         (7) control odor, noise, combustion of materials,
10     disease vectors, dust, and litter;
11         (8) control, manage, and dispose of any storm water
12     runoff and leachate generated at the facility in accordance
13     with applicable federal, State, and local requirements;
14         (9) control access to the facility;
15         (10) comply with all applicable federal, State, or
16     local requirements for the handling, storage,
17     transportation, or disposal of asbestos-containing
18     material or other material accepted at the facility that is
19     not general construction or demolition debris; and
20         (11) submit to the Agency at least 30 days prior to the
21     initial acceptance of general construction or demolition
22     debris at the facility, on forms provided by the Agency,
23     the following information:
24             (A) the name, address, and telephone number of both
25         the facility owner and operator;
26             (B) the street address and location of the

 

 

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1         facility;
2             (C) a description of facility operations;
3             (D) a description of the tagging and recordkeeping
4         procedures the facility will employ to (i) demonstrate
5         compliance with this Section and (ii) identify the
6         source and transporter of any material accepted by the
7         facility;
8             (E) the name and location of the disposal sites
9         site to be used for the transportation and disposal of
10         any general construction or demolition debris received
11         at the facility that must be disposed of;
12         non-recyclable materials accepted at the facility;
13             (F) the name and location of an individual,
14         facility, or business to which recyclable materials
15         will be transported; and
16             (G) the name and location of intermediate
17         processing facilities or combustion facilities to
18         which recovered wood that is processed for use as fuel
19         will be transported; and
20             (H) (G) other information as specified on the form
21         provided by the Agency.
22         When any of the information contained or processes
23     described in the initial notification form submitted to the
24     Agency changes, the owner and operator shall submit an
25     updated form within 14 days of the change.
26     (c) For purposes of this Section, the term "recyclable

 

 

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1 general construction or demolition debris" means general
2 construction or demolition debris that has been rendered
3 reusable and is reused or that would otherwise be disposed of
4 or discarded but is collected, separated, or processed and
5 returned to the economic mainstream in the form of raw
6 materials or products. "Recyclable general construction or
7 demolition debris" does not include general construction or
8 demolition debris processed for use as fuel, incinerated,
9 burned, buried, or otherwise used as fill material.
10     (d) For purposes of this Section, "treatment" means
11 processing designed to alter the physical nature of the general
12 construction or demolition debris, including but not limited to
13 size reduction, crushing, grinding, or homogenization, but
14 does not include processing designed to change the chemical
15 nature of the general construction or demolition debris.
16     (e) For purposes of this Section, "recovered wood that is
17 processed for use as fuel" means wood that has been salvaged
18 from general construction or demolition debris and processed
19 for use as fuel, as authorized by the applicable state or
20 federal environmental regulatory authority, and supplied only
21 to intermediate processing facilities for sizing, or to
22 combustion facilities for use as fuel, that have obtained all
23 necessary waste management and air permits for handling and
24 combustion of the fuel.
25     (f) For purposes of this Section, "non-recyclable general
26 construction or demolition debris" does not include "recovered

 

 

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1 wood that is processed for use as fuel".
2     (g) Recyclable general construction or demolition debris
3 or recovered wood that is processed for use as fuel that is
4 sent for disposal at the end of the applicable retention period
5 shall not be considered as meeting the 75% diversion
6 requirement for purposes of subdivision (b)(3) of this Section.
7 (Source: P.A. 90-475, eff. 8-17-97.)
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.