093_SB0268sam002











                                     LRB093 02548 LRD 11862 a

 1                    AMENDMENT TO SENATE BILL 268

 2        AMENDMENT NO.     .  Amend Senate Bill 268 on page 1,  by
 3    replacing line 5 with the following:
 4    "by changing Sections 3.160 and 22.1 as follows:

 5        (415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
 6        Sec. 3.160. Construction or demolition debris.
 7        (a)  "General  construction  or  demolition debris" means
 8    non-hazardous, uncontaminated materials  resulting  from  the
 9    construction,   remodeling,   repair,   and   demolition   of
10    utilities,  structures,  and roads, limited to the following:
11    bricks, concrete, and other masonry  materials;  soil;  rock;
12    wood,  including  non-hazardous  painted, treated, and coated
13    wood and wood products; wall  coverings;   plaster;  drywall;
14    plumbing  fixtures; non-asbestos insulation; roofing shingles
15    and other roof coverings; reclaimed asphalt pavement;  glass;
16    plastics that are not sealed in a manner that conceals waste;
17    electrical  wiring  and  components  containing  no hazardous
18    substances; and piping or metals incidental to any  of  those
19    materials.
20        General   construction  or  demolition  debris  does  not
21    include uncontaminated soil  generated  during  construction,
22    remodeling,  repair, and demolition of utilities, structures,
23    and roads provided the uncontaminated soil is not  commingled
 
                            -2-      LRB093 02548 LRD 11862 a
 1    with  any  general construction or demolition debris or other
 2    waste.
 3        (b)  "Clean  construction  or  demolition  debris"  means
 4    uncontaminated broken concrete without protruding metal bars,
 5    bricks, rock, stone,  reclaimed  asphalt  pavement,  or  soil
 6    generated from construction or demolition activities.
 7        Clean  construction or demolition debris does not include
 8    uncontaminated   soil    generated    during    construction,
 9    remodeling,  repair, and demolition of utilities, structures,
10    and roads provided the uncontaminated soil is not  commingled
11    with  any  clean  construction  or demolition debris or other
12    waste.
13        To the extent allowed by federal law, clean  construction
14    or demolition debris shall not be considered "waste" if it is
15    (i)  used  as  fill material below grade outside of a setback
16    zone if the fill is placed no higher than the  highest  point
17    of  elevation  existing  prior  to  the  filling  immediately
18    adjacent  to  the  fill  area,  and  if covered by sufficient
19    uncontaminated soil to support vegetation within 30  days  of
20    the  completion  of  filling  or  if  covered  by  a  road or
21    structure, or (ii) separated or processed and returned to the
22    economic mainstream in the form of raw materials or products,
23    if it is not speculatively accumulated and, if used as a fill
24    material, it is used in accordance with item  (i)  within  30
25    days  of  its  generation,  or  (iii)  solely broken concrete
26    without protruding metal bars used for  erosion  control,  or
27    (iv)  generated  from  the  construction  or  demolition of a
28    building, road, or other structure and used to construct,  on
29    the  site  where  the  construction  or  demolition has taken
30    place, a an above-grade area shaped so as to  blend  into  an
31    extension  of  the  surrounding  topography or an above-grade
32    manmade functional structure not to exceed 20 feet above  the
33    highest  point  of  elevation  of  the  property  immediately
34    adjacent  to  the  new  manmade  functional structure as that
 
                            -3-      LRB093 02548 LRD 11862 a
 1    elevation existed prior to the creation of that new structure
 2    in height, provided that  the  area  or  structure  shall  be
 3    covered  with sufficient soil materials to sustain vegetation
 4    or by a road or structure, and further provided that no  such
 5    area  or  structure  shall  be constructed within a home rule
 6    municipality with  a  population  over  500,000  without  the
 7    consent of the municipality.
 8    (Source: P.A. 91-909, eff. 7-7-00; 92-574, eff. 6-26-02.)".