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91_HB3457enr HB3457 Enrolled LRB9111304ACtm 1 AN ACT to amend the Environmental Protection Act. 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 5 by changing Sections 3.78a and 58.5 and by adding Section 6 58.17 as follows: 7 (415 ILCS 5/3.78a) 8 Sec. 3.78a. "Clean construction or demolition debris" 9 means uncontaminated broken concrete without protruding metal 10 bars, bricks, rock, stone, reclaimed asphalt pavement, or 11 soil generated from construction or demolition activities. 12 Clean construction or demolition debris does not include 13 uncontaminated soil generated during construction, 14 remodeling, repair, and demolition of utilities, structures, 15 and roads provided the uncontaminated soil is not commingled 16 with any clean construction or demolition debris or other 17 waste. To the extent allowed by federal law, clean 18 construction or demolition debris shall not be considered 19 "waste" if it iswhen(i) used as fill material below grade 20 outside of a setback zone if covered by sufficient 21 uncontaminated soil to support vegetation within 30 days of 22 the completion of filling or if covered by a road or 23 structure, or (ii) separated or processed and returned to the 24 economic mainstream in the form of raw materials or products, 25 ifprovidedit is not speculatively accumulated and, if used 26 as a fill material, it is used in accordance with item (i), 27 or (iii) solely broken concrete without protruding metal bars 28isused for erosion control, or (iv) generated from the 29 construction or demolition of a building, road, or other 30 structure and used to construct, on the site where the 31 construction or demolition has taken place, an above-grade HB3457 Enrolled -2- LRB9111304ACtm 1 area shaped so as to blend into an extension of the 2 surrounding topography or an above-grade manmade functional 3 structure not to exceed 20 feet in height, provided that the 4 area or structure shall be covered with sufficient soil 5 materials to sustain vegetation or by a road or structure, 6 and further provided that no such area or structure shall be 7 constructed within a home rule municipality with a population 8 over 500,000. 9 (Source: P.A. 90-475, eff. 8-17-97; 90-761, eff. 8-14-98.) 10 (415 ILCS 5/58.5) 11 Sec. 58.5. Risk-based remediation objectives. 12 (a) Determination of remediation objectives. This 13 Section establishes the procedures for determining risk-based 14 remediation objectivesfor sites subject to this Title. 15 (b) Background area remediation objectives. 16 (1) Except as provided in subdivisions (b)(2) or 17 (b)(3) of this Section, remediation objectives 18 established under this Section shall not require 19 remediation of regulated substances to levels that are 20 less than area background levels. 21 (2) In the event that the concentration of a 22 regulated substance of concern on the site exceeds a 23 remediation objective adopted by the Board for 24 residential land use, the property may not be converted 25 to residential use unless such remediation objective or 26 an alternate risk-based remediation objective for that 27 regulated substance of concern is first achieved. 28 (3) In the event that the Agency has determined in 29 writing that the background level for a regulated 30 substance poses an acute threat to human health or the 31 environment at the site when considering the 32 post-remedial action land use, the RA shall develop 33 appropriate risk-based remediation objectives in HB3457 Enrolled -3- LRB9111304ACtm 1 accordance with this Section. 2 (c) Regulations establishing remediation objectives and 3 methodologies for deriving remediation objectives for 4 individual or classes of regulated substances shall be 5 adopted by the Board in accordance with this Section and 6 Section 58.11. 7 (1) The regulations shall provide for the adoption 8 of a three-tiered process for a RA to establish 9 remediation objectives protective of human health and the 10 environment based on identified risks and specific site 11 characteristics at and around the site. 12 (2) The regulations shall provide procedures for 13 using alternative tiers in developing remediation 14 objectives for multiple regulated substances. 15 (3) The regulations shall provide procedures for 16 determining area background contaminant levels. 17 (4) The methodologies adopted under this Section 18 shall ensure that the following factors are taken into 19 account in determining remediation objectives: 20 (A) potential risks posed by carcinogens and 21 noncarcinogens; and 22 (B) the presence of multiple substances of 23 concern and multiple exposure pathways. 24 (d) In developing remediation objectives under 25 subsection (c) of this Section, the methodology proposed and 26 adopted shall establish tiers addressing manmade and natural 27 pathways of exposure, including but not limited to human 28 ingestion, human inhalation, and groundwater protection. 29 For carcinogens, soil and groundwater remediation objectives 30 shall be established at exposures that represent an excess 31 upper-bound lifetime risk of between 1 in 10,000 and 1 in 32 1,000,000 as appropriate for the post-remedial action use, 33 except that remediation objectives protecting residential use 34 shall be based on exposures that represent an excess HB3457 Enrolled -4- LRB9111304ACtm 1 upper-bound lifetime risk of 1 in 1,000,000. No groundwater 2 remediation objective adopted pursuant to this Section shall 3 be more restrictive than the applicable Class I or Class III 4 Groundwater Quality Standard adopted by the Board. At a 5 minimum, the objectives shall include the following: 6 (1) Tier I remediation objectives expressed as a 7 table of numeric values for soil and groundwater. Such 8 objectives may be of different values dependent on 9 potential pathways at the site and different land uses, 10 including residential and nonresidential uses. 11 (2) Tier II remediation objectives shall include 12 the formulae and equations used to derive the Tier II 13 objectives and input variables for use in the formulae. 14 The RA may alter the input variables when it is 15 demonstrated that the specific circumstances at and 16 around the site including land uses warrant such 17 alternate variables. 18 (3) Tier III remediation objectives shall include 19 methodologies to allow for the development of 20 site-specific risk-based remediation objectives for soil 21 or groundwater, or both, for regulated substances. Such 22 methodology shall allow for different remediation 23 objectives for residential and various categories of 24 non-residential land uses. The Board's future adoption 25 of a methodology pursuant to this Section shall in no way 26 preclude the use of a nationally recognized methodology 27 to be used for the development of site-specific 28 risk-based objectives for regulated substances under this 29 Section. In determining Tier III remediation objectives 30 under this subsection, all of the following factors shall 31 be considered: 32 (A) The use of specific site characteristic 33 data. 34 (B) The use of appropriate exposure factors HB3457 Enrolled -5- LRB9111304ACtm 1 for the current and currently planned future land 2 use of the site and adjacent property and the 3 effectiveness of engineering, institutional, or 4 legal controls placed on the current or future use 5 of the site. 6 (C) The use of appropriate statistical 7 methodologies to establish statistically valid 8 remediation objectives. 9 (D) The actual and potential impact of 10 regulated substances to receptors. 11 (4) For regulated substances that have a 12 groundwater quality standard established pursuant to the 13 Illinois Groundwater Protection Act and rules promulgated 14 thereunder, site specific groundwater remediation 15 objectives may be proposed under the methodology 16 established in subdivision (d) (3) of this Section at 17 values greater than the groundwater quality standards. 18 (A) The RA proposing any site specific 19 groundwater remediation objective at a value greater 20 than the applicable groundwater quality standard 21 shall demonstrate: 22 (i) To the extent practical, the 23 exceedance of the groundwater quality standard 24 has been minimized and beneficial use 25 appropriate to the groundwater that was 26 impacted has been returned; and 27 (ii) Any threat to human health or the 28 environment has been minimized. 29 (B) The rules proposed by the Agency and 30 adopted by the Board under this Section shall 31 include criteria required for the demonstration of 32 the suitability of groundwater objectives proposed 33 under subdivision (b) (4) (A) of this Section. 34 (e) The rules proposed by the Agency and adopted by the HB3457 Enrolled -6- LRB9111304ACtm 1 Board under this Section shall include conditions for the 2 establishment and duration of groundwater management zones by 3 rule, as appropriate, at sites undergoing remedial action 4 under this Title. 5 (f) Until such time as the Board adopts remediation 6 objectives under this Section, the remediation objectives 7 adopted by the Board under Title XVI of this Act shall apply 8 to all environmental assessments and soil or groundwater 9 remedial action conducted under this Title. 10 (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 11 89-626, eff. 8-9-96.) 12 (415 ILCS 5/58.17 new) 13 Sec. 58.17. Environmental Land Use Control. No later 14 than 2 months after the effective date of this amendatory Act 15 of the 91st General Assembly, the Agency, after consideration 16 of the recommendations of the Regulations and Site 17 Remediation Advisory Committee, shall propose rules creating 18 an instrument to be known as the Environmental Land Use 19 Control (ELUC). Within 6 months after receipt of the 20 Agency's proposed rules, the Board shall adopt, pursuant to 21 Sections 27 and 28 of this Act, rules creating the ELUC that 22 establish land use limitations or obligations on the use of 23 real property when necessary to manage risk to human health 24 or the environment arising from contamination left in place 25 pursuant to the procedures set forth in Section 58.5 of this 26 Act or 35 Ill. Adm. Code 742. The rules shall include 27 provisions addressing establishment, content, recording, 28 duration, and enforcement of ELUCs. 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.