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Public Act 100-0266


 

Public Act 0266 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0266
 
HB2876 EnrolledLRB100 09973 MJP 20144 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 22.54a as follows:
 
    (415 ILCS 5/22.54a)
    (Section scheduled to be repealed on February 1, 2018)
    Sec. 22.54a. Disposal of asphalt roofing shingles.
    (a) As used in this Section:
    "BUD" means a beneficial use determination issued under
Section 22.54 of this Act.
    "Eligible shingle recycling facility" means a shingle
recycling facility that:
        (1) is approved for asphalt roofing shingle recycling
    under a beneficial use determination issued pursuant to
    Section 22.54 of this Act and is in compliance with the
    terms of that BUD;
        (2) is listed on the Department of Transportation's
    "Qualified Producer List of Certified Sources for
    Reclaimed Asphalt Shingles" or identified as an approved
    producer of reclaimed asphalt shingles by the Illinois
    State Toll Highway Authority; and
        (3) accepts all delivered loads of asphalt roofing
    shingles that can be processed into reclaimed asphalt
    shingles meeting Department of Transportation or Illinois
    State Toll Highway Authority specifications.
    (b) No owner or operator of a sanitary landfill that is
located within a 25-mile radius of an eligible shingle
recycling facility a site where asphalt roofing shingles are
recycled under a Beneficial Use Determination (BUD) issued by
the Agency pursuant to Section 22.54 of this Act shall accept
for disposal loads of whole or processed asphalt roofing
shingles that can be processed into reclaimed asphalt shingles
meeting Department of Transportation or Illinois State Toll
Highway Authority specifications.
    (c) Nothing in this Section shall prohibit or restrict a
sanitary landfill from accepting for disposal asphalt roofing
shingles that can be processed into reclaimed asphalt shingles
meeting Department of Transportation or Illinois State Toll
Highway Authority specifications but that are either
commingled with municipal waste, including, but not limited to,
general construction or demolition debris, or rejected by an
eligible shingle recycling facility.
    (d) The owner or operator of an eligible shingle recycling
facility shall notify the Agency in writing of the name and
street address of the eligible shingle recycling facility, and
he or she shall also notify the Agency when the facility's
status as an eligible shingle recycling facility is rescinded
or reinstated in accordance with subsection (e) or subsection
(f) of this Section. The Agency shall post on its website the
information provided to the Agency under this subsection (d)
name and address of each site at which the recycling of asphalt
roofing shingles under a BUD is approved.
    (e) The Agency may issue a notice of intent to rescind
recognition as an eligible shingle recycling facility to any
owner or operator of a shingle recycling facility that, in the
Agency's judgment, is not in compliance with the terms of the
facility's BUD. The Agency shall file a copy of the notice with
the Board no later than 10 days after the date of service of
the notice on the owner or operator. Each notice issued under
this subsection (e) shall be served upon the owner or operator,
or that person's authorized agent for service of process, and
shall include the following information:
        (1) a statement specifying the provisions of the BUD
    which were not complied with;
        (2) if non-compliance was observed during an
    inspection by the Agency, a copy of the inspection report
    in which the Agency recorded the non-compliance, which
    report shall include the date and time of inspection, and
    weather conditions prevailing during the inspection;
        (3) instructions for contesting the notice issued
    under this subsection (e), including notification that the
    owner or operator has 35 days within which to file a
    petition for review before the Board to contest the notice;
    and
        (4) an affidavit by the personnel observing the
    non-compliance, attesting to their material actions and
    observations.
    If the owner or operator fails to petition the Board for
review of the notice within 35 days after the date of service,
then the Board shall adopt a final order holding that the
shingle recycling facility is not an eligible shingle recycling
facility for purposes of this Section. If, within 35 days after
the date of service, a petition for review is filed before the
Board to contest a notice issued under this subsection (e),
then the Agency shall appear as a complainant at a hearing
before the Board to be conducted in accordance with Section 32
of this Act. The hearing shall be held not less than 21 days
after the Board sends a notice of the hearing to the Agency and
the owner or operator who petitioned for review of the notice.
In these hearings, the burden of proof shall be on the Agency.
If, based on the record, the Board finds that the alleged
non-compliance occurred, then the Board shall adopt a final
order holding that the shingle recycling facility is not an
eligible shingle recycling facility for purposes of this
Section.
    (f) If the Board has determined under subsection (e) of
this Section that a shingle recycling facility is not an
eligible shingle recycling facility, then the owner or operator
of the facility may file with the Board a motion to have the
facility reinstated as an eligible shingle recycling facility.
If, at the time the motion is filed, the owner or operator of
the facility is able to affirmatively demonstrate, to the
satisfaction of the Board, that all non-compliance at the
facility has been corrected, that the facility is in compliance
with its BUD, and that the facility is not subject to any
pending enforcement action under this Act, then the Board may
enter an order reinstating the facility as an eligible shingle
recycling facility for the purposes of this Section.
    Before issuing any order under this subsection (f), the
Board shall conduct an evaluation of the owner or operator's
prior experience in asphalt shingle recycling operations. The
Board may deny a petition for reinstatement under this
subsection (f) if the owner or operator, or any employee or
officer of the owner or operator, has a history of repeated
violations of federal, State, or local laws, regulations,
rules, standards, or ordinances related to the operation of an
asphalt shingle recycling facility or site, or a history of
gross carelessness or incompetence in the handling, storing,
processing, transporting, disposing, or recycling of asphalt
shingles.
    (g) Nothing in this Section shall be construed to prevent
the Agency from issuing an informal warning to an owner or
operator before issuing a notice of intent to rescind
recognition as an eligible shingle recycling facility under
subsection (e) of this Section.
    (h) Sections 10-25 through 10-60 of the Illinois
Administrative Procedure Act do not apply to proceedings under
this Section, and the orders issued by the Board under this
subsection apply in addition to any other remedy or penalty
that may be provided under this Act or any other law.
    No later than January 31 of each year, each recipient of a
BUD for asphalt roofing shingles shall submit a report to the
Agency that contains the following information: (i) the total
quantity of asphalt roofing shingles received under the BUD
during the previous calendar year; (ii) the beneficial uses
during the previous calendar year of shingles received under
the BUD; (iii) the total quantity of shingles used in each
beneficial use during the previous calendar year; and (iv) the
total quantity and disposition of any shingles received but not
beneficially used under the BUD during the previous calendar
year. The report must be submitted on a form and in a format
prescribed by the Agency.
    (i) This Section is repealed on February 1, 2023 2018.
(Source: P.A. 98-542, eff. 1-1-14.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/22/2017