101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2975

 

Introduced 2/4/2020, by Sen. Laura Ellman

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/22.51
415 ILCS 5/22.51a

    Amends the Environmental Protection Act. Provides that within 180 days after the effective date of the amendatory Act, the Pollution Control Board shall adopt amendments to the rules adopted under specified provisions to require groundwater monitoring at all clean construction or demolition debris fill operations and all uncontaminated soil fill operations. Provides that the groundwater monitoring requirements adopted under specified provisions shall be designed to detect and prevent any exceedance of the Board's Class I groundwater quality standards and meet specified requirements. Provides that groundwater monitoring shall be required for all clean construction or demolition debris fill operations and all uncontaminated soil fill operations unless, before the effective date of the amendatory Act, the owner or operator has completed post-closure maintenance and, for clean construction or demolition debris fill operations, received specified notice from the Environmental Protection Agency, or, for uncontaminated soil fill operations, submitted specified information to the Agency. Effective immediately.


LRB101 19026 CPF 68486 b

 

 

A BILL FOR

 

SB2975LRB101 19026 CPF 68486 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Sections 22.51 and 22.51a as follows:
 
6    (415 ILCS 5/22.51)
7    Sec. 22.51. Clean Construction or Demolition Debris Fill
8Operations.
9    (a) No person shall conduct any clean construction or
10demolition debris fill operation in violation of this Act or
11any regulations or standards adopted by the Board.
12    (b)(1)(A) Beginning August 18, 2005 but prior to July 1,
132008, no person shall use clean construction or demolition
14debris as fill material in a current or former quarry, mine, or
15other excavation, unless they have applied for an interim
16authorization from the Agency for the clean construction or
17demolition debris fill operation.
18    (B) The Agency shall approve an interim authorization upon
19its receipt of a written application for the interim
20authorization that is signed by the site owner and the site
21operator, or their duly authorized agent, and that contains the
22following information: (i) the location of the site where the
23clean construction or demolition debris fill operation is

 

 

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1taking place, (ii) the name and address of the site owner,
2(iii) the name and address of the site operator, and (iv) the
3types and amounts of clean construction or demolition debris
4being used as fill material at the site.
5    (C) The Agency may deny an interim authorization if the
6site owner or the site operator, or their duly authorized
7agent, fails to provide to the Agency the information listed in
8subsection (b)(1)(B) of this Section. Any denial of an interim
9authorization shall be subject to appeal to the Board in
10accordance with the procedures of Section 40 of this Act.
11    (D) No person shall use clean construction or demolition
12debris as fill material in a current or former quarry, mine, or
13other excavation for which the Agency has denied interim
14authorization under subsection (b)(1)(C) of this Section. The
15Board may stay the prohibition of this subsection (D) during
16the pendency of an appeal of the Agency's denial of the interim
17authorization brought under subsection (b)(1)(C) of this
18Section.
19    (2) Beginning September 1, 2006, owners and operators of
20clean construction or demolition debris fill operations shall,
21in accordance with a schedule prescribed by the Agency, submit
22to the Agency applications for the permits required under this
23Section. The Agency shall notify owners and operators in
24writing of the due date for their permit application. The due
25date shall be no less than 90 days after the date of the
26Agency's written notification. Owners and operators who do not

 

 

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1receive a written notification from the Agency by October 1,
22007, shall submit a permit application to the Agency by
3January 1, 2008. The interim authorization of owners and
4operators who fail to submit a permit application to the Agency
5by the permit application's due date shall terminate on (i) the
6due date established by the Agency if the owner or operator
7received a written notification from the Agency prior to
8October 1, 2007, or (ii) or January 1, 2008, if the owner or
9operator did not receive a written notification from the Agency
10by October 1, 2007.
11    (3) On and after July 1, 2008, no person shall use clean
12construction or demolition debris as fill material in a current
13or former quarry, mine, or other excavation (i) without a
14permit granted by the Agency for the clean construction or
15demolition debris fill operation or in violation of any
16conditions imposed by such permit, including periodic reports
17and full access to adequate records and the inspection of
18facilities, as may be necessary to assure compliance with this
19Act and with Board regulations and standards adopted under this
20Act or (ii) in violation of any regulations or standards
21adopted by the Board under this Act.
22    (4) This subsection (b) does not apply to:
23        (A) the use of clean construction or demolition debris
24    as fill material in a current or former quarry, mine, or
25    other excavation located on the site where the clean
26    construction or demolition debris was generated;

 

 

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1        (B) the use of clean construction or demolition debris
2    as fill material in an excavation other than a current or
3    former quarry or mine if this use complies with Illinois
4    Department of Transportation specifications; or
5        (C) current or former quarries, mines, and other
6    excavations that do not use clean construction or
7    demolition debris as fill material.
8    (c) In accordance with Title VII of this Act, the Board may
9adopt regulations to promote the purposes of this Section. The
10Agency shall consult with the mining and construction
11industries during the development of any regulations to promote
12the purposes of this Section.
13        (1) No later than December 15, 2005, the Agency shall
14    propose to the Board, and no later than September 1, 2006,
15    the Board shall adopt, regulations for the use of clean
16    construction or demolition debris as fill material in
17    current and former quarries, mines, and other excavations.
18    Such regulations shall include, but shall not be limited
19    to, standards for clean construction or demolition debris
20    fill operations and the submission and review of permits
21    required under this Section.
22        (2) Until the Board adopts rules under subsection
23    (c)(1) of this Section, all persons using clean
24    construction or demolition debris as fill material in a
25    current or former quarry, mine, or other excavation shall:
26            (A) Assure that only clean construction or

 

 

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1        demolition debris is being used as fill material by
2        screening each truckload of material received using a
3        device approved by the Agency that detects volatile
4        organic compounds. Such devices may include, but are
5        not limited to, photo ionization detectors. All
6        screening devices shall be operated and maintained in
7        accordance with manufacturer's specifications.
8        Unacceptable fill material shall be rejected from the
9        site; and
10            (B) Retain for a minimum of 3 years the following
11        information:
12                (i) The name of the hauler, the name of the
13            generator, and place of origin of the debris or
14            soil;
15                (ii) The approximate weight or volume of the
16            debris or soil; and
17                (iii) The date the debris or soil was received.
18    (d) This Section applies only to clean construction or
19demolition debris that is not considered "waste" as provided in
20Section 3.160 of this Act.
21    (e) For purposes of this Section:
22        (1) The term "operator" means a person responsible for
23    the operation and maintenance of a clean construction or
24    demolition debris fill operation.
25        (2) The term "owner" means a person who has any direct
26    or indirect interest in a clean construction or demolition

 

 

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1    debris fill operation or in land on which a person operates
2    and maintains a clean construction or demolition debris
3    fill operation. A "direct or indirect interest" does not
4    include the ownership of publicly traded stock. The "owner"
5    is the "operator" if there is no other person who is
6    operating and maintaining a clean construction or
7    demolition debris fill operation.
8        (3) The term "clean construction or demolition debris
9    fill operation" means a current or former quarry, mine, or
10    other excavation where clean construction or demolition
11    debris is used as fill material.
12        (4) The term "uncontaminated soil" shall have the same
13    meaning as uncontaminated soil under Section 3.160 of this
14    Act.
15    (f)(1) No later than July 30, 2011 one year after (the
16effective date of P.A. 96-1416) this amendatory Act of the 96th
17General Assembly, the Agency shall propose to the Board, and,
18no later than one year after the Board's receipt of the
19Agency's proposal, the Board shall adopt, rules for the use of
20clean construction or demolition debris and uncontaminated
21soil as fill material at clean construction or demolition
22debris fill operations. The rules must include standards and
23procedures necessary to protect groundwater, which may
24include, but shall not be limited to, the following:
25requirements regarding testing and certification of soil used
26as fill material, surface water runoff, liners or other

 

 

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1protective barriers, monitoring (including, but not limited
2to, groundwater monitoring), corrective action, recordkeeping,
3reporting, closure and post-closure care, financial assurance,
4post-closure land use controls, location standards, and the
5modification of existing permits to conform to the requirements
6of this Act and Board rules. The rules may also include limits
7on the use of recyclable concrete and asphalt as fill material
8at clean construction or demolition debris fill operations,
9taking into account factors such as technical feasibility,
10economic reasonableness, and the availability of markets for
11such materials.
12    (2) Until the effective date of the Board rules adopted
13under subdivision (f)(1) of this Section, and in addition to
14any other requirements, owners and operators of clean
15construction or demolition debris fill operations must do all
16of the following in subdivisions (f)(2)(A) through (f)(2)(D) of
17this Section for all clean construction or demolition debris
18and uncontaminated soil accepted for use as fill material. The
19requirements in subdivisions (f)(2)(A) through (f)(2)(D) of
20this Section shall not limit any rules adopted by the Board.
21        (A) Document the following information for each load of
22    clean construction or demolition debris or uncontaminated
23    soil received: (i) the name of the hauler, the address of
24    the site of origin, and the owner and the operator of the
25    site of origin of the clean construction or demolition
26    debris or uncontaminated soil, (ii) the weight or volume of

 

 

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1    the clean construction or demolition debris or
2    uncontaminated soil, and (iii) the date the clean
3    construction or demolition debris or uncontaminated soil
4    was received.
5        (B) For all soil, obtain either (i) a certification
6    from the owner or operator of the site from which the soil
7    was removed that the site has never been used for
8    commercial or industrial purposes and is presumed to be
9    uncontaminated soil or (ii) a certification from a licensed
10    Professional Engineer or licensed Professional Geologist
11    that the soil is uncontaminated soil. Certifications
12    required under this subdivision (f)(2)(B) must be on forms
13    and in a format prescribed by the Agency.
14        (C) Confirm that the clean construction or demolition
15    debris or uncontaminated soil was not removed from a site
16    as part of a cleanup or removal of contaminants, including,
17    but not limited to, activities conducted under the
18    Comprehensive Environmental Response, Compensation, and
19    Liability Act of 1980, as amended; as part of a Closure or
20    Corrective Action under the Resource Conservation and
21    Recovery Act, as amended; or under an Agency remediation
22    program, such as the Leaking Underground Storage Tank
23    Program or Site Remediation Program, but excluding sites
24    subject to Section 58.16 of this Act where there is no
25    presence or likely presence of a release or a substantial
26    threat of a release of a regulated substance at, on, or

 

 

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1    from the real property.
2        (D) Document all activities required under subdivision
3    (f)(2) of this Section. Documentation of any chemical
4    analysis must include, but is not limited to, (i) a copy of
5    the lab analysis, (ii) accreditation status of the
6    laboratory performing the analysis, and (iii)
7    certification by an authorized agent of the laboratory that
8    the analysis has been performed in accordance with the
9    Agency's rules for the accreditation of environmental
10    laboratories and the scope of accreditation.
11    (3) Owners and operators of clean construction or
12demolition debris fill operations must maintain all
13documentation required under subdivision (f)(2) of this
14Section for a minimum of 3 years following the receipt of each
15load of clean construction or demolition debris or
16uncontaminated soil, except that documentation relating to an
17appeal, litigation, or other disputed claim must be maintained
18until at least 3 years after the date of the final disposition
19of the appeal, litigation, or other disputed claim. Copies of
20the documentation must be made available to the Agency and to
21units of local government for inspection and copying during
22normal business hours. The Agency may prescribe forms and
23formats for the documentation required under subdivision
24(f)(2) of this Section.
25    Chemical analysis conducted under subdivision (f)(2) of
26this Section must be conducted in accordance with the

 

 

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1requirements of 35 Ill. Adm. Code 742, as amended, and "Test
2Methods for Evaluating Solid Waste, Physical/Chemical
3Methods", USEPA Publication No. SW-846, as amended.
4    (4) Within 180 days after the effective date of this
5amendatory Act of the 101st General Assembly, the Board shall
6adopt amendments to the rules adopted under subdivision (f)(1)
7of this Section to require groundwater monitoring at all clean
8construction or demolition debris fill operations. The
9groundwater monitoring requirements adopted under this
10subdivision shall be designed to detect and prevent any
11exceedance of the Board's Class I groundwater quality
12standards. The groundwater monitoring requirements adopted
13under this subdivision shall include, but shall not be limited
14to, the following: groundwater monitoring frequency; a
15methodology specifying the minimum required number of
16groundwater monitoring wells and well locations that must be
17reviewed and approved by the Agency; installation of the
18groundwater monitoring system within one year after the Board
19adopts these rules; monitoring duration, which shall include
20post-closure monitoring for at least 5 years after the Agency
21issues to the owner or operator a certification of closure;
22remedial action procedures to address any exceedance of the
23Class I groundwater standards; and financial assurance for
24corrective action, closure, and post-closure. Groundwater
25monitoring shall be required for all clean construction or
26demolition debris fill operations unless, before the effective

 

 

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1date of this amendatory Act of the 101st General Assembly, the
2owner or operator has completed post-closure maintenance and
3received written notification from the Agency that the permit
4is terminated.
5    (g)(1) No person shall use soil other than uncontaminated
6soil as fill material at a clean construction or demolition
7debris fill operation.
8    (2) No person shall use construction or demolition debris
9other than clean construction or demolition debris as fill
10material at a clean construction or demolition debris fill
11operation.
12(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
 
13    (415 ILCS 5/22.51a)
14    Sec. 22.51a. Uncontaminated Soil Fill Operations.
15    (a) For purposes of this Section:
16        (1) The term "uncontaminated soil" shall have the same
17    meaning as uncontaminated soil under Section 3.160 of this
18    Act.
19        (2) The term "uncontaminated soil fill operation"
20    means a current or former quarry, mine, or other excavation
21    where uncontaminated soil is used as fill material, but
22    does not include a clean construction or demolition debris
23    fill operation.
24    (b) No person shall use soil other than uncontaminated soil
25as fill material at an uncontaminated soil fill operation.

 

 

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1    (c) Owners and operators of uncontaminated soil fill
2operations must register the fill operations with the Agency.
3Uncontaminated soil fill operations that received
4uncontaminated soil prior to the effective date of this
5amendatory Act of the 96th General Assembly must be registered
6with the Agency no later than March 31, 2011. Uncontaminated
7soil fill operations that first receive uncontaminated soil on
8or after the effective date of this amendatory Act of the 96th
9General Assembly must be registered with the Agency prior to
10the receipt of any uncontaminated soil. Registrations must be
11submitted on forms and in a format prescribed by the Agency.
12    (d)(1) No later than July 30, 2011 one year after (the
13effective date of P.A. 96-1416) this amendatory Act of the 96th
14General Assembly, the Agency shall propose to the Board, and,
15no later than one year after the Board's receipt of the
16Agency's proposal, the Board shall adopt, rules for the use of
17uncontaminated soil as fill material at uncontaminated soil
18fill operations. The rules must include standards and
19procedures necessary to protect groundwater, which shall
20include, but shall not be limited to, testing and certification
21of soil used as fill material and requirements for
22recordkeeping.
23    (2) Until the effective date of the Board rules adopted
24under subdivision (d)(1) of this Section, owners and operators
25of uncontaminated soil fill operations must do all of the
26following in subdivisions (d)(2)(A) through (d)(2)(F) of this

 

 

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1Section for all uncontaminated soil accepted for use as fill
2material. The requirements in subdivisions (d)(2)(A) through
3(d)(2)(F) of this Section shall not limit any rules adopted by
4the Board.
5        (A) Document the following information for each load of
6    uncontaminated soil received: (i) the name of the hauler,
7    the address of the site of origin, and the owner and the
8    operator of the site of origin of the uncontaminated soil,
9    (ii) the weight or volume of the uncontaminated soil, and
10    (iii) the date the uncontaminated soil was received.
11        (B) Obtain either (i) a certification from the owner or
12    operator of the site from which the soil was removed that
13    the site has never been used for commercial or industrial
14    purposes and is presumed to be uncontaminated soil or (ii)
15    a certification from a licensed Professional Engineer or a
16    licensed Professional Geologist that the soil is
17    uncontaminated soil. Certifications required under this
18    subdivision (d)(2)(B) must be on forms and in a format
19    prescribed by the Agency.
20        (C) Confirm that the uncontaminated soil was not
21    removed from a site as part of a cleanup or removal of
22    contaminants, including, but not limited to, activities
23    conducted under the Comprehensive Environmental Response,
24    Compensation, and Liability Act of 1980, as amended; as
25    part of a Closure or Corrective Action under the Resource
26    Conservation and Recovery Act, as amended; or under an

 

 

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1    Agency remediation program, such as the Leaking
2    Underground Storage Tank Program or Site Remediation
3    Program, but excluding sites subject to Section 58.16 of
4    this Act where there is no presence or likely presence of a
5    release or a substantial threat of a release of a regulated
6    substance at, on, or from the real property.
7        (D) Visually inspect each load to confirm that only
8    uncontaminated soil is being accepted for use as fill
9    material.
10        (E) Screen each load of uncontaminated soil using a
11    device that is approved by the Agency and detects volatile
12    organic compounds. Such a device may include, but is not
13    limited to, a photo ionization detector or a flame
14    ionization detector. All screening devices shall be
15    operated and maintained in accordance with the
16    manufacturer's specifications. Unacceptable soil must be
17    rejected from the fill operation.
18        (F) Document all activities required under subdivision
19    (d)(2) of this Section. Documentation of any chemical
20    analysis must include, but is not limited to, (i) a copy of
21    the lab analysis, (ii) accreditation status of the
22    laboratory performing the analysis, and (iii)
23    certification by an authorized agent of the laboratory that
24    the analysis has been performed in accordance with the
25    Agency's rules for the accreditation of environmental
26    laboratories and the scope of accreditation.

 

 

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1    (3) Owners and operators of uncontaminated soil fill
2operations must maintain all documentation required under
3subdivision (d)(2) of this Section for a minimum of 3 years
4following the receipt of each load of uncontaminated soil,
5except that documentation relating to an appeal, litigation, or
6other disputed claim must be maintained until at least 3 years
7after the date of the final disposition of the appeal,
8litigation, or other disputed claim. Copies of the
9documentation must be made available to the Agency and to units
10of local government for inspection and copying during normal
11business hours. The Agency may prescribe forms and formats for
12the documentation required under subdivision (d)(2) of this
13Section.
14    Chemical analysis conducted under subdivision (d)(2) of
15this Section must be conducted in accordance with the
16requirements of 35 Ill. Adm. Code 742, as amended, and "Test
17Methods for Evaluating Solid Waste, Physical/Chemical
18Methods", USEPA Publication No. SW-846, as amended.
19    (4) Within 180 days after the effective date of this
20amendatory Act of the 101st General Assembly, the Board shall
21adopt amendments to the rules adopted under subdivision (d)(1)
22of this Section to require groundwater monitoring at all
23uncontaminated soil fill operations. The groundwater
24monitoring requirements adopted under this subdivision shall
25be designed to detect and prevent any exceedance of the Board's
26Class I groundwater quality standards. The groundwater

 

 

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1monitoring requirements adopted under this subdivision shall
2include, but shall not be limited to, the following:
3groundwater monitoring frequency; a methodology specifying the
4minimum required number of groundwater monitoring wells and
5well locations that must be reviewed and approved by the
6Agency; installation of the groundwater monitoring system
7within one year after the Board adopts these rules; monitoring
8duration, which shall include post-closure monitoring for at
9least 5 years after the Agency receives the owner's or
10operator's certification of closure; remedial action
11procedures to address any exceedance of the Class I groundwater
12standards; and financial assurance for corrective action,
13closure, and post-closure. Groundwater monitoring shall be
14required for all uncontaminated soil fill operations unless,
15before the effective date of this amendatory Act of the 101st
16General Assembly, the owner or operator has submitted to the
17Agency: (A) a certification by a licensed Professional Engineer
18or licensed Professional Geologist that post-closure
19maintenance has been completed; and (B) an affidavit
20demonstrating that post-closure maintenance is no longer
21necessary.
22(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.