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Public Act 097-0314


 

Public Act 0314 97TH GENERAL ASSEMBLY



 


 
Public Act 097-0314
 
HB1326 EnrolledLRB097 07066 JDS 47159 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 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.
        (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 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.
    (h) For purposes of the 75% diversion requirement under
subdivision (b)(3) of this Section, owners and operators of
facilities accepting exclusively general construction or
demolition debris for transfer, storage, or treatment may
multiply by 2 the amount of accepted asphalt roofing shingles
that are transferred to a facility for recycling in accordance
with a beneficial use determination issued under Section 22.54
of this Act. The owner or operator of the facility accepting
exclusively general construction or demolition debris for
transfer, storage, or treatment must maintain receipts from the
shingle recycling facility that document the amounts of asphalt
roofing shingles transferred for recycling in accordance with
the beneficial use determination. All receipts must be
maintained for a minimum of 3 years and must be made available
to the Agency for inspection and copying during normal business
hours.
(Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09;
96-1000, eff. 7-2-10.)
 
    Section 10. The Illinois Highway Code is amended by adding
Sections 4-221 and 4-222 as follows:
 
    (605 ILCS 5/4-221 new)
    Sec. 4-221. Mix designs. To the extent allowed by federal
law, the Department specifications shall allow the use of
recycled asphalt roofing shingles received from facilities
authorized to process asphalt roofing shingles for recycling
into asphalt pavement in accordance with (i) permits issued
pursuant to Section 39 of the Environmental Protection Act or
(ii) beneficial use determinations issued pursuant to Section
22.54 of the Environmental Protection Act. In creating the mix
designs used for construction and maintenance of State
highways, it shall be the goal of the Department, through its
specifications, to maximize the percentage of recycled asphalt
roofing shingles and binder replacement and to maximize the use
of recycled aggregates and other lowest-cost constituents in
the mix so long as there is no detrimental impact on life-cycle
costs.
 
    (605 ILCS 5/4-222 new)
    Sec. 4-222. Recycled asphalt roofing shingles; cost
savings; prohibitions on use in asphalt paving.
    (a) It shall be the goal of the Department, with regard to
its asphalt paving projects and to the extent possible, to
reduce the carbon footprint and reduce average costs by
maximizing the percentage use of recycled materials or lowest
cost alternative materials and extending the paving season so
long as there is no detrimental impact on life-cycle costs. In
furtherance of these goals, the Department shall provide to the
Chairpersons of the Transportation Committee in each
legislative chamber, within 60 days after the completion of
each fiscal year, a written report of the activities initiated
or abandoned in each district or region within the Department
to meet those goals during the previous year. The report shall
also include an analysis of the cost savings directly or
indirectly attributed to those activities within each district
or region. Upon review of the annual report, the Transportation
Committees in each chamber may conduct hearings and provide
recommendations to the Department regarding the performance of
each district or region.
    (b) No producer of asphalt pavement, operating pursuant to
an air permit issued by the Illinois Environmental Protection
Agency, shall use recycled asphalt roofing shingles in its
pavement product unless the shingles have been processed for
recycling into asphalt pavement in accordance with (i) permits
issued pursuant to Section 39 of the Environmental Protection
Act or (ii) beneficial use determinations issued pursuant to
Section 22.54 of the Environmental Protection Act. The
prohibition in this subsection (b) shall apply in addition to
any other rules, specifications, or other requirements adopted
by the Department regarding the use of asphalt roofing shingles
in pavement product.

Effective Date: 1/1/2012