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Public Act 097-0230


 

Public Act 0230 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0230
 
SB1929 EnrolledLRB097 09577 JDS 49714 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 Section 22.38 as follows:
 
    (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 after 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, and
    general construction or demolition debris that is
    processed for use at a landfill from the non-recyclable
    general construction or demolition debris that is to be
    disposed of or discarded.
        (2) Transport off site for disposal, in accordance with
    all applicable federal, State, and local requirements
    within 72 hours after its receipt at the facility, all
    non-usable or non-recyclable general construction or
    demolition debris that is not neither recyclable general
    construction or demolition debris, nor recovered wood that
    is processed for use as fuel, or general construction or
    demolition debris that is processed for use at a landfill
    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,
    as calculated monthly on a rolling 12-month average, on a
    daily basis consists of recyclable general construction or
    demolition debris, recovered wood that is processed for use
    as fuel, or general construction or demolition debris that
    is processed for use at a landfill except that general
    construction or demolition debris processed for use at a
    landfill shall not exceed 35% of the general construction
    or demolition debris accepted on a rolling 12-month average
    basis both. The percentages in this paragraph (3) of
    subsection (b) shall be calculated by weight, using scales
    located at the facility that are certified under the
    Weights and Measures Act.
        (4) Within 6 months after its receipt at the facility,
    transport:
            (A) Transport all non-putrescible recyclable
        general construction or demolition debris for
        recycling or disposal; and
            (B) all non-putrescible general construction or
        demolition debris that is processed for use at a
        landfill to a MSWLF unit for use or disposal within 6
        months of its receipt at the facility.
        (5) Within 45 days after of its receipt at the
    facility, transport:
            (A) (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
            (B) (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; and
            (C) all putrescible general construction or
        demolition debris that is processed for use at a
        landfill to a MSWLF unit for use or disposal.
        (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.
        (11) Prior to August 24, 2009 (the effective date of
    Public Act 96-611), 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 to
        be used for the disposal of any general construction or
        demolition debris received at the facility that must be
        disposed of;
            (F) the name and location of an individual,
        facility, or business to which recyclable materials
        will be transported;
            (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) other information as specified on the form
        provided by the Agency.
        (12) On or after August 24, 2009 (the effective date of
    Public Act 96-611), obtain a permit issued by the Agency
    prior to the initial acceptance of general construction or
    demolition debris at the facility.
        When any of the information contained or processes
    described in the initial notification form submitted to the
    Agency under paragraph (11) of subsection (b) of this
    Section 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 (i) general construction or
demolition debris processed for use as fuel, incinerated,
burned, buried, or otherwise used as fill material or (ii)
general construction or demolition debris that is processed for
use at a landfill.
    (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" or general construction
or demolition debris that is processed for use at a landfill.
    (g) Recyclable general construction or demolition debris,
or recovered wood that is processed for use as fuel, and
general construction or demolition debris that is processed for
use at a landfill 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 if sent for disposal at the end of the
applicable retention period.
    (h) For the purposes of this Section, "general construction
or demolition debris that is processed for use at a landfill"
means general construction or demolition debris that is
processed for use at a MSWLF unit as alternative daily cover,
road building material, or drainage structure building
material in accordance with the MSWLF unit's waste disposal
permit issued by the Agency under this Act.
(Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09;
96-1000, eff. 7-2-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/28/2011