Illinois General Assembly - Full Text of HB1326
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Full Text of HB1326  97th General Assembly

HB1326ham005 97TH GENERAL ASSEMBLY

Rep. Daniel V. Beiser

Filed: 3/28/2011

 

 


 

 


 
09700HB1326ham005LRB097 07066 JDS 53534 a

1
AMENDMENT TO HOUSE BILL 1326

2    AMENDMENT NO. ______. Amend House Bill 1326, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
44, as follows:
 
5on page 1, line 5, by replacing "Sections 3.160 and 22.54" with
6"Section 22.38"; and
 
7by replacing page 1, line 6, through page 10, line 19, with the
8following:
 
9    "(415 ILCS 5/22.38)
10    Sec. 22.38. Facilities accepting exclusively general
11construction or demolition debris for transfer, storage, or
12treatment.
13    (a) Facilities accepting exclusively general construction
14or demolition debris for transfer, storage, or treatment shall
15be subject to local zoning, ordinance, and land use

 

 

09700HB1326ham005- 2 -LRB097 07066 JDS 53534 a

1requirements. Those facilities shall be located in accordance
2with local zoning requirements or, in the absence of local
3zoning requirements, shall be located so that no part of the
4facility boundary is closer than 1,320 feet from the nearest
5property zoned for primarily residential use.
6    (b) An owner or operator of a facility accepting
7exclusively general construction or demolition debris for
8transfer, storage, or treatment shall:
9        (1) Within 48 hours of receipt of the general
10    construction or demolition debris at the facility, sort the
11    general construction or demolition debris to separate the
12    recyclable general construction or demolition debris and
13    recovered wood that is processed for use as fuel from
14    non-recyclable general construction or demolition debris
15    to be disposed of or discarded.
16        (2) Transport off site for disposal all non-recyclable
17    general construction or demolition debris that is neither
18    recyclable general construction or demolition debris nor
19    recovered wood that is processed for use as fuel in
20    accordance with all applicable federal, State, and local
21    requirements within 72 hours of its receipt at the
22    facility.
23        (3) Limit the percentage of incoming non-recyclable
24    general construction or demolition debris to 25% or less of
25    the total incoming general construction or demolition
26    debris, as calculated on a daily basis, so that 75% or more

 

 

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1    of the general construction or demolition debris accepted
2    on a daily basis consists of recyclable general
3    construction or demolition debris, recovered wood that is
4    processed for use as fuel, or both.
5        (4) Transport all non-putrescible recyclable general
6    construction or demolition debris for recycling or
7    disposal within 6 months of its receipt at the facility.
8        (5) Within 45 days of its receipt at the facility,
9    transport (i) all putrescible or combustible recyclable
10    general construction or demolition debris (excluding
11    recovered wood that is processed for use as fuel) for
12    recycling or disposal and (ii) all recovered wood that is
13    processed for use as fuel to an intermediate processing
14    facility for sizing, to a combustion facility for use as
15    fuel, or to a disposal facility.
16        (6) Employ tagging and recordkeeping procedures to (i)
17    demonstrate compliance with this Section and (ii) identify
18    the source and transporter of material accepted by the
19    facility.
20        (7) Control odor, noise, combustion of materials,
21    disease vectors, dust, and litter.
22        (8) Control, manage, and dispose of any storm water
23    runoff and leachate generated at the facility in accordance
24    with applicable federal, State, and local requirements.
25        (9) Control access to the facility.
26        (10) Comply with all applicable federal, State, or

 

 

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1    local requirements for the handling, storage,
2    transportation, or disposal of asbestos-containing
3    material or other material accepted at the facility that is
4    not general construction or demolition debris.
5        (11) Prior to August 24, 2009 (the effective date of
6    Public Act 96-611), submit to the Agency at least 30 days
7    prior to the initial acceptance of general construction or
8    demolition debris at the facility, on forms provided by the
9    Agency, the following information:
10            (A) the name, address, and telephone number of both
11        the facility owner and operator;
12            (B) the street address and location of the
13        facility;
14            (C) a description of facility operations;
15            (D) a description of the tagging and recordkeeping
16        procedures the facility will employ to (i) demonstrate
17        compliance with this Section and (ii) identify the
18        source and transporter of any material accepted by the
19        facility;
20            (E) the name and location of the disposal sites to
21        be used for the disposal of any general construction or
22        demolition debris received at the facility that must be
23        disposed of;
24            (F) the name and location of an individual,
25        facility, or business to which recyclable materials
26        will be transported;

 

 

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1            (G) the name and location of intermediate
2        processing facilities or combustion facilities to
3        which recovered wood that is processed for use as fuel
4        will be transported; and
5            (H) other information as specified on the form
6        provided by the Agency.
7        (12) On or after August 24, 2009 (the effective date of
8    Public Act 96-611), obtain a permit issued by the Agency
9    prior to the initial acceptance of general construction or
10    demolition debris at the facility.
11        When any of the information contained or processes
12    described in the initial notification form submitted to the
13    Agency changes, the owner and operator shall submit an
14    updated form within 14 days of the change.
15    (c) For purposes of this Section, the term "recyclable
16general construction or demolition debris" means general
17construction or demolition debris that has been rendered
18reusable and is reused or that would otherwise be disposed of
19or discarded but is collected, separated, or processed and
20returned to the economic mainstream in the form of raw
21materials or products. "Recyclable general construction or
22demolition debris" does not include general construction or
23demolition debris processed for use as fuel, incinerated,
24burned, buried, or otherwise used as fill material.
25    (d) For purposes of this Section, "treatment" means
26processing designed to alter the physical nature of the general

 

 

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1construction or demolition debris, including but not limited to
2size reduction, crushing, grinding, or homogenization, but
3does not include processing designed to change the chemical
4nature of the general construction or demolition debris.
5    (e) For purposes of this Section, "recovered wood that is
6processed for use as fuel" means wood that has been salvaged
7from general construction or demolition debris and processed
8for use as fuel, as authorized by the applicable state or
9federal environmental regulatory authority, and supplied only
10to intermediate processing facilities for sizing, or to
11combustion facilities for use as fuel, that have obtained all
12necessary waste management and air permits for handling and
13combustion of the fuel.
14    (f) For purposes of this Section, "non-recyclable general
15construction or demolition debris" does not include "recovered
16wood that is processed for use as fuel".
17    (g) Recyclable general construction or demolition debris
18or recovered wood that is processed for use as fuel that is
19sent for disposal at the end of the applicable retention period
20shall not be considered as meeting the 75% diversion
21requirement for purposes of subdivision (b)(3) of this Section.
22    (h) For purposes of the 75% diversion requirement under
23subdivision (b)(3) of this Section, owners and operators of
24facilities accepting exclusively general construction or
25demolition debris for transfer, storage, or treatment may
26multiply by 2 the amount of accepted asphalt roofing shingles

 

 

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1that are transferred to a facility for recycling in accordance
2with a beneficial use determination issued under Section 22.54
3of this Act. The owner or operator of the facility accepting
4exclusively general construction or demolition debris for
5transfer, storage, or treatment must maintain receipts from the
6shingle recycling facility that document the amounts of asphalt
7roofing shingles transferred for recycling in accordance with
8the beneficial use determination. All receipts must be
9maintained for a minimum of 3 years and must be made available
10to the Agency for inspection and copying during normal business
11hours.
12(Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09;
1396-1000, eff. 7-2-10.)"; and
 
14on page 11, line 11, immediately after "other", by inserting
15"lowest-cost"; and
 
16on page 11, line 11, immediately after "mix", by inserting "so
17long as there is no detrimental impact on life-cycle costs";
18and
 
19on page 12, line 13, by replacing "subsection (d) of Section
2021" with "Section 39".