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91_HB3458
LRB9112085ACtm
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 Section 3.94 as follows:
6 (415 ILCS 5/3.94)
7 Sec. 3.94. "Coal combustion by-product" (CCB) means coal
8 combustion waste when used beneficially for any of the
9 following purposes:
10 (1) The extraction or recovery of material compounds
11 contained within CCB.
12 (2) The use of CCB as a raw ingredient or mineral filler
13 in the manufacture of cement; concrete and concrete mortars;
14 concrete products including block, pipe and
15 precast/prestressed components; asphalt or cement based
16 roofing shingles; plastic products including pipes and
17 fittings; paints and metal alloys.
18 (3) CCB used in conformance with the specifications and
19 under the approval of the Department of Transportation.
20 (4) Bottom ash used as antiskid material, athletic
21 tracks, or foot paths.
22 (5) Use as a substitute for lime (CaO and MgO) in the
23 lime modification of soils providing the CCB meets the
24 Illinois Department of Transportation ("IDOT") specifications
25 for by product limes.
26 (6) CCB used as a functionally equivalent substitute for
27 agricultural lime as a soil conditioner.
28 (7) Bottom ash used in non-IDOT pavement base, pipe
29 bedding, or foundation backfill.
30 (8) Structural fill, when used in an engineered
31 application or combined with cement, sand, or water to
-2- LRB9112085ACtm
1 produce a controlled strength fill material and covered with
2 12 inches of soil unless infiltration is prevented by the
3 material itself or other cover material.
4 (9) Mine subsidence, mine fire control, mine sealing,
5 and mine reclamation.
6 (10) Except to the extent that the uses are otherwise
7 authorized by law without such restrictions, uses (7) through
8 (9) shall be subject to the following conditions:
9 (A) CCB shall not have been mixed with hazardous
10 waste prior to use;
11 (B) CCB shall not exceed Class I Groundwater
12 Standards for metals when tested utilizing test method
13 ASTM D3987-85;
14 (C) Unless otherwise exempted, users of CCB shall
15 provide notification to the Agency for each project
16 utilizing CCB documenting the quantity of CCB utilized
17 and certification of compliance with conditions (A) and
18 (B). Notification shall not be required for pavement
19 base, parking lot base, or building base projects
20 utilizing less than 10,000 tons, flowable fill/grout
21 projects utilizing less than 1,000 cubic yards or other
22 applications utilizing less than 100 tons;
23 (D) Fly ash shall be applied in a manner that
24 minimizes the generation of airborne particles and dust
25 using techniques such as moisture conditioning,
26 granulating, inground application, or other demonstrated
27 method; and
28 (E) CCB is not to be accumulated speculatively.
29 CCB is not accumulated speculatively if during the
30 calendar year, the CCB used is equal to 75% of the CCB by
31 weight or volume accumulated at the beginning of the
32 period.
33 To encourage and promote the utilization of CCB in productive
34 and beneficial applications, the Agency may make a written
-3- LRB9112085ACtm
1 determination that coal combustion coal-combustion waste is
2 CCB when used in a manner other than that specified in
3 subsections (1) through (6) of this Section if the use has
4 been shown to have no adverse environmental impact greater
5 than the beneficial uses specified, in consultation with the
6 Department of Mines and Minerals, the Illinois Clean Coal
7 Institute, the Department of Transportation, and such other
8 agencies as may be appropriate.
9 (Source: P.A. 89-93, eff. 7-6-95.)