(415 ILCS 5/22.38)
Sec. 22.38.
Facilities accepting exclusively general construction or
demolition debris
for transfer, storage, or treatment.
(a) Facilities accepting exclusively general construction or demolition
debris for
transfer, storage, or treatment shall be subject to local zoning, ordinance,
and
land use requirements.
Those facilities shall be located in accordance with local zoning requirements
or, in the absence of local zoning requirements, shall be located so that no
part of the facility boundary is closer than 1,320 feet from the nearest
property zoned for primarily residential use.
(b) An owner or operator of a facility accepting exclusively general
construction or demolition debris for transfer, storage, or treatment shall:
(1) within 48 hours of receipt of the general |
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construction or demolition debris at the facility, sort the general construction or demolition debris to separate the recyclable general construction or demolition debris from non‑recyclable general construction or demolition debris to be disposed of or discarded;
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(2) transport off site for disposal all
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non‑recyclable general construction or demolition debris in accordance with all applicable federal, State, and local requirements within 72 hours of its receipt at the facility;
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(3) limit the percentage of incoming non‑recyclable
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general construction or demolition debris to 25% or less of the total incoming general construction or demolition debris, as calculated on a daily basis;
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(4) transport all non‑putrescible recyclable general
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construction or demolition debris for recycling or disposal within 6 months of its receipt at the facility;
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(5) transport all putrescible or combustible
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recyclable general construction or demolition debris for recycling or disposal within 45 days of its receipt at the facility;
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(6) employ tagging and recordkeeping procedures to
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(i) demonstrate compliance with this Section and (ii) identify the source and transporter of material accepted by the facility;
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(7) control odor, noise, combustion of materials,
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disease vectors, dust, and litter;
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(8) control, manage, and dispose of any storm water
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runoff and leachate generated at the facility in accordance with applicable federal, State, and local requirements;
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(9) control access to the facility;
(10) comply with all applicable federal, State, or
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local requirements for the handling, storage, transportation, or disposal of asbestos‑containing material or other material accepted at the facility that is not general construction or demolition debris; and
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(11) submit to the Agency at least 30 days prior to
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the initial acceptance of general construction or demolition debris at the facility, on forms provided by the Agency, the following information:
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(A) the name, address, and telephone number of
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both the facility owner and operator;
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(B) the street address and location of the
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(C) a description of facility operations;
(D) a description of the tagging and
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recordkeeping procedures the facility will employ to (i) demonstrate compliance with this Section and (ii) identify the source and transporter of any material accepted by the facility;
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(E) the name and location of the disposal site
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to be used for the transportation and disposal of non‑recyclable materials accepted at the facility;
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(F) the name and location of an individual,
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facility, or business to which recyclable materials will be transported; and
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(G) other information as specified on the form
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When any of the information contained or processes
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described in the initial notification form submitted to the Agency changes, the owner and operator shall submit an updated form within 14 days of the change.
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(c) For purposes of this Section, the term "recyclable general
construction or demolition debris" means general construction or demolition
debris that has been rendered reusable and is reused or that would otherwise
be disposed of or discarded but is collected, separated, or processed and
returned to the economic mainstream in the form of raw materials or products.
"Recyclable general construction or demolition debris" does not include general
construction or demolition debris processed for use as fuel, incinerated,
burned, buried, or otherwise used as fill material.
(d) For purposes of this Section, "treatment" means processing
designed to alter the physical nature of the general construction or
demolition debris, including but not limited to size reduction, crushing,
grinding, or
homogenization, but does not include processing designed to change the chemical
nature of the general construction or demolition debris.
(Source: P.A. 90‑475, eff. 8‑17‑97.)
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