Public Act 096-0235
 
HB0266 Enrolled LRB096 04409 JDS 14460 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Protection Act is amended by
changing Sections 3.160 and 22.38 as follows:
 
    (415 ILCS 5/3.160)  (was 415 ILCS 5/3.78 and 3.78a)
    Sec. 3.160. Construction or demolition debris.
    (a) "General construction or demolition debris" means
non-hazardous, uncontaminated materials resulting from the
construction, remodeling, repair, and demolition of utilities,
structures, and roads, limited to the following: bricks,
concrete, and other masonry materials; soil; rock; wood,
including non-hazardous painted, treated, and coated wood and
wood products; wall coverings; plaster; drywall; plumbing
fixtures; non-asbestos insulation; roofing shingles and other
roof coverings; reclaimed or other asphalt pavement; glass;
plastics that are not sealed in a manner that conceals waste;
electrical wiring and components containing no hazardous
substances; and corrugated cardboard, piping or metals
incidental to any of those materials.
    General construction or demolition debris does not include
uncontaminated soil generated during construction, remodeling,
repair, and demolition of utilities, structures, and roads
provided the uncontaminated soil is not commingled with any
general construction or demolition debris or other waste.
    To the extent allowed by federal law, uncontaminated
concrete with protruding rebar shall be considered clean
construction or demolition debris and shall not be considered
"waste" if it is separated or processed and returned to the
economic mainstream in the form of raw materials or products
within 4 years of its generation, if it is not speculatively
accumulated and, if used as a fill material, it is used in
accordance with item (i) in subsection (b) of this Section.
    (b) "Clean construction or demolition debris" means
uncontaminated broken concrete without protruding metal bars,
bricks, rock, stone, reclaimed or other asphalt pavement, or
soil generated from construction or demolition activities.
    Clean construction or demolition debris does not include
uncontaminated soil generated during construction, remodeling,
repair, and demolition of utilities, structures, and roads
provided the uncontaminated soil is not commingled with any
clean construction or demolition debris or other waste.
    To the extent allowed by federal law, clean construction or
demolition debris shall not be considered "waste" if it is (i)
used as fill material outside of a setback zone if the fill is
placed no higher than the highest point of elevation existing
prior to the filling immediately adjacent to the fill area, and
if covered by sufficient uncontaminated soil to support
vegetation within 30 days of the completion of filling or if
covered by a road or structure, or (ii) separated or processed
and returned to the economic mainstream in the form of raw
materials or products, if it is not speculatively accumulated
and, if used as a fill material, it is used in accordance with
item (i), or (iii) solely broken concrete without protruding
metal bars used for erosion control, or (iv) generated from the
construction or demolition of a building, road, or other
structure and used to construct, on the site where the
construction or demolition has taken place, a manmade
functional structure not to exceed 20 feet above the highest
point of elevation of the property immediately adjacent to the
new manmade functional structure as that elevation existed
prior to the creation of that new structure, provided that the
structure shall be covered with sufficient soil materials to
sustain vegetation or by a road or structure, and further
provided that no such structure shall be constructed within a
home rule municipality with a population over 500,000 without
the consent of the municipality.
    For purposes of this subsection (b), reclaimed or other
asphalt pavement shall not be considered speculatively
accumulated if: (i) it is not commingled with any other clean
construction or demolition debris or any waste; (ii) it is
returned to the economic mainstream in the form of raw
materials or products within 4 years after its generation;
(iii) at least 25% of the total amount present at a site during
a calendar year is transported off of the site during the next
calendar year; and (iv) if used as a fill material, it is used
in accordance with item (i) of the second paragraph of this
subsection (b).
(Source: P.A. 94-272, eff. 7-19-05; 95-121, eff. 8-13-07.)
 
    (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
    construction or demolition debris at the facility, sort the
    general construction or demolition debris to separate the
    recyclable general construction or demolition debris and
    recovered wood that is processed for use as fuel from
    non-recyclable general construction or demolition debris
    to be disposed of or discarded;
        (2) transport off site for disposal all non-recyclable
    general construction or demolition debris that is neither
    recyclable general construction or demolition debris nor
    recovered wood that is processed for use as fuel in
    accordance with all applicable federal, State, and local
    requirements within 72 hours of its receipt at the
    facility;
        (3) limit the percentage of incoming non-recyclable
    general construction or demolition debris to 25% or less of
    the total incoming general construction or demolition
    debris, as calculated on a daily basis, so that 75% or more
    of the general construction or demolition debris accepted
    on a daily basis consists of recyclable general
    construction or demolition debris, recovered wood that is
    processed for use as fuel, or both;
        (4) transport all non-putrescible recyclable general
    construction or demolition debris for recycling or
    disposal within 6 months of its receipt at the facility;
        (5) within 45 days of its receipt at the facility,
    transport
            (i) all putrescible or combustible recyclable
        general construction or demolition debris (excluding
        recovered wood that is processed for use as fuel) for
        recycling or disposal; and
            (ii) all recovered wood that is processed for use
        as fuel to an intermediate processing facility for
        sizing, to a combustion facility for use as fuel, or to
        a disposal facility; within 45 days of its receipt at
        the facility;
        (6) employ tagging and recordkeeping procedures to (i)
    demonstrate compliance with this Section and (ii) identify
    the source and transporter of material accepted by the
    facility;
        (7) control odor, noise, combustion of materials,
    disease vectors, dust, and litter;
        (8) control, manage, and dispose of any storm water
    runoff and leachate generated at the facility in accordance
    with applicable federal, State, and local requirements;
        (9) control access to the facility;
        (10) comply with all applicable federal, State, or
    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
        (11) submit to the Agency at least 30 days prior to the
    initial acceptance of general construction or demolition
    debris at the facility, on forms provided by the Agency,
    the following information:
            (A) the name, address, and telephone number of both
        the facility owner and operator;
            (B) the street address and location of the
        facility;
            (C) a description of facility operations;
            (D) a description of the tagging and 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;
            (E) the name and location of the disposal sites
        site to be used for the transportation and disposal of
        any general construction or demolition debris received
        at the facility that must be disposed of;
        non-recyclable materials accepted at the facility;
            (F) the name and location of an individual,
        facility, or business to which recyclable materials
        will be transported; and
            (G) the name and location of intermediate
        processing facilities or combustion facilities to
        which recovered wood that is processed for use as fuel
        will be transported; and
            (H) (G) other information as specified on the form
        provided by the Agency.
        When any of the information contained or processes
    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.
    (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.
    (e) For purposes of this Section, "recovered wood that is
processed for use as fuel" means wood that has been salvaged
from general construction or demolition debris and processed
for use as fuel, as authorized by the applicable state or
federal environmental regulatory authority, and supplied only
to intermediate processing facilities for sizing, or to
combustion facilities for use as fuel, that have obtained all
necessary waste management and air permits for handling and
combustion of the fuel.
    (f) For purposes of this Section, "non-recyclable general
construction or demolition debris" does not include "recovered
wood that is processed for use as fuel".
    (g) Recyclable general construction or demolition debris
or recovered wood that is processed for use as fuel that is
sent for disposal at the end of the applicable retention period
shall not be considered as meeting the 75% diversion
requirement for purposes of subdivision (b)(3) of this Section.
(Source: P.A. 90-475, eff. 8-17-97.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.