Public Act 098-0296
 
SB1925 EnrolledLRB098 10484 JDS 40715 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 22.54 as follows:
 
    (415 ILCS 5/22.54)
    Sec. 22.54. Beneficial Use Determinations. The purpose of
this Section is to allow the Agency to determine that a
material otherwise required to be managed as waste may be
managed as non-waste if that material is used beneficially and
in a manner that is protective of human health and the
environment.
    (a) To the extent allowed by federal law, the Agency may,
upon the request of an applicant, make a written determination
that a material is used beneficially (rather than discarded)
and, therefore, not a waste if the applicant demonstrates all
of the following:
        (1) The chemical and physical properties of the
    material are comparable to similar commercially available
    materials.
        (2) The market demand for the material is such that all
    of the following requirements are met:
            (A) The material will be used within a reasonable
        time.
            (B) The material's storage prior to use will be
        minimized.
            (C) The material will not be abandoned.
        (3) The material is legitimately beneficially used.
    For the purposes of this item (3) of subsection (a) of this
    Section, a material is "legitimately beneficially used" if
    the applicant demonstrates all of the following:
            (A) The material is managed separately from waste,
        as a valuable material, and in a manner that maintains
        its beneficial usefulness, including, but not limited
        to, storing in a manner that minimizes the material's
        loss and maintains its beneficial usefulness.
            (B) The material is used as an effective substitute
        for a similar commercially available material. For the
        purposes of this paragraph (B) of item (3) of
        subsection (a) of this Section, a material is "used as
        an effective substitute for a commercially available
        material" if the applicant demonstrates one or more of
        the following:
                (i) The material is used as a valuable raw
            material or ingredient to produce a legitimate end
            product.
                (ii) The material is used directly as a
            legitimate end product in place of a similar
            commercially available product.
                (iii) The material replaces a catalyst or
            carrier to produce a legitimate end product.
            The applicant's demonstration under this paragraph
        (B) of item (3) of subsection (a) of this Section must
        include, but is not limited to, a description of the
        use of the material, a description of the use of the
        legitimate end product, and a demonstration that the
        use of the material is comparable to the use of similar
        commercially available products.
            (C) The applicant demonstrates all of the
        following:
                (i) The material is used under paragraph (B) of
            item (3) of subsection (a) of this Section within a
            reasonable time.
                (ii) The material's storage prior to use is
            minimized.
                (iii) The material is not abandoned.
        (4) The management and use of the material will not
    cause, threaten, or allow the release of any contaminant
    into the environment, except as authorized by law.
        (5) The management and use of the material otherwise
    protects human health and safety and the environment.
    (b) Applications for beneficial use determinations must be
submitted on forms and in a format prescribed by the Agency.
Agency approval, approval with conditions, or disapproval of an
application for a beneficial use determination must be in
writing. Approvals with conditions and disapprovals of
applications for a beneficial use determination must include
the Agency's reasons for the conditions or disapproval, and
they are subject to review under Section 40 of this Act.
    (c) Beneficial use determinations shall be effective for a
period approved by the Agency, but that period may not exceed 5
years. Material that is beneficially used (i) in accordance
with a beneficial use determination, (ii) during the effective
period of the beneficial use determination, and (iii) by the
recipient of a beneficial use determination shall maintain its
non-waste status after the effective period of the beneficial
use determination unless its use no longer complies with the
terms of the beneficial use determination or the material
otherwise becomes waste.
    (d) No recipient of a beneficial use determination shall
manage or use the material that is the subject of the
determination in violation of the determination or any
conditions in the determination, unless the material is managed
as waste.
    (e) A beneficial use determination shall terminate by
operation of law if, due to a change in law, it conflicts with
the law; however, the recipient of the determination may apply
for a new beneficial use determination that is consistent with
the law as amended.
    (f) This Section does not apply to hazardous waste, coal
combustion waste, coal combustion by-product, sludge applied
to the land, potentially infectious medical waste, or used oil.
    (g) This Section does not apply to material that is burned
for energy recovery, that is used to produce a fuel, or that is
otherwise contained in a fuel.
    (h) This Section does not apply to waste from the steel and
foundry industries that is (i) classified as beneficially
usable waste under Board rules and (ii) beneficially used in
accordance with Board rules governing the management of
beneficially usable waste from the steel and foundry
industries. This Section does apply to other beneficial uses of
waste from the steel and foundry industries, including, but not
limited to, waste that is classified as beneficially usable
waste but not used in accordance with the Board's rules
governing the management of beneficially usable waste from the
steel and foundry industries. No person shall use iron slags,
steelmaking slags, or foundry sands for land reclamation
purposes unless they have obtained a beneficial use
determination for such use under this Section.
    (i) For purposes of this Section, the term "commercially
available material" means virgin material that (i) meets
industry standards for a specific use and (ii) is normally sold
for such use. For purposes of this Section, the term
"commercially available product" means a product made of virgin
material that (i) meets industry standards for a specific use
and (ii) is normally sold for such use.
    (j) Before issuing a beneficial use determination for the
beneficial use of asphalt shingles, the Agency shall conduct an
evaluation of the applicant's prior experience in asphalt
shingle recycling operations. The Agency may deny such a
beneficial use determination if the applicant, or any employee
or officer of the applicant, has a history of any one or more
of the following related to the operation of asphalt shingle
recycling operation facilities or sites:
        (1) repeated violations of federal, State, or local
    laws, rules, regulations, standards, or ordinances;
        (2) conviction in a court of this State or another
    state of any crime that is a felony under the laws of this
    State;
        (3) conviction in a federal court of any crime that is
    a felony under federal law;
        (4) conviction in a court of this State or another
    state, or in a federal court, of forgery, official
    misconduct, bribery, perjury, or knowingly submitting
    false information under any environmental law, rule,
    regulation, or permit term or condition; or
        (5) gross carelessness or incompetence in the
    handling, storing, processing, transporting, disposing, or
    recycling of asphalt shingles.
(Source: P.A. 96-489, eff. 8-14-09.)

Effective Date: 1/1/2014