97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1671

 

Introduced , by Rep. Dan Reitz

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/3.160  was 415 ILCS 5/3.78 and 3.78a
415 ILCS 5/22.51
415 ILCS 5/22.51a

    Amends the Environmental Protection Act. In a provision specifying the acceptable level of carcinogens that may be in uncontaminated soil used as fill material, establishes that the maximum exposure concentration is the Tier 1 exposure route value. Provides, however, (i) that the acceptable detection limit shall be deemed to be the Tier 1 exposure route value when the acceptable detection limit is less demanding than the Tier 1 exposure route value and (ii) that the lowest background concentration shall be deemed to be the Tier 1 exposure route value when the lowest background concentration is less demanding than the Tier 1 exposure route value. In provisions concerning clean construction or demolition debris fill operations and uncontaminated soil fill operations, provides that the term "other excavation" does not include holes, trenches, or similar earth removal created as part of normal construction, removal, or maintenance of a structure, utility, or transportation infrastructure. Exempts certain types of excavations, including excavations that comply with Department of Tranportation specifications, from the provisions concerning clean construction or demolition debris fill operations and uncontaminated soil fill operations. Effective immediately.


LRB097 08911 JDS 49043 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1671LRB097 08911 JDS 49043 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 3.160, 22.51, and 22.51a as follows:
 
6    (415 ILCS 5/3.160)  (was 415 ILCS 5/3.78 and 3.78a)
7    Sec. 3.160. Construction or demolition debris.
8    (a) "General construction or demolition debris" means
9non-hazardous, uncontaminated materials resulting from the
10construction, remodeling, repair, and demolition of utilities,
11structures, and roads, limited to the following: bricks,
12concrete, and other masonry materials; soil; rock; wood,
13including non-hazardous painted, treated, and coated wood and
14wood products; wall coverings; plaster; drywall; plumbing
15fixtures; non-asbestos insulation; roofing shingles and other
16roof coverings; reclaimed or other asphalt pavement; glass;
17plastics that are not sealed in a manner that conceals waste;
18electrical wiring and components containing no hazardous
19substances; and corrugated cardboard, piping or metals
20incidental to any of those materials.
21    General construction or demolition debris does not include
22uncontaminated soil generated during construction, remodeling,
23repair, and demolition of utilities, structures, and roads

 

 

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1provided the uncontaminated soil is not commingled with any
2general construction or demolition debris or other waste.
3    To the extent allowed by federal law, uncontaminated
4concrete with protruding rebar shall be considered clean
5construction or demolition debris and shall not be considered
6"waste" if it is separated or processed and returned to the
7economic mainstream in the form of raw materials or products
8within 4 years of its generation, if it is not speculatively
9accumulated and, if used as a fill material, it is used in
10accordance with item (i) in subsection (b) of this Section.
11    (b) "Clean construction or demolition debris" means
12uncontaminated broken concrete without protruding metal bars,
13bricks, rock, stone, reclaimed or other asphalt pavement, or
14soil generated from construction or demolition activities.
15    Clean construction or demolition debris does not include
16uncontaminated soil generated during construction, remodeling,
17repair, and demolition of utilities, structures, and roads
18provided the uncontaminated soil is not commingled with any
19clean construction or demolition debris or other waste.
20    To the extent allowed by federal law, clean construction or
21demolition debris shall not be considered "waste" if it is (i)
22used as fill material outside of a setback zone if the fill is
23placed no higher than the highest point of elevation existing
24prior to the filling immediately adjacent to the fill area, and
25if covered by sufficient uncontaminated soil to support
26vegetation within 30 days of the completion of filling or if

 

 

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1covered by a road or structure, and, if used as fill material
2in a current or former quarry, mine, or other excavation, is
3used in accordance with the requirements of Section 22.51 of
4this Act and the rules adopted thereunder or (ii) separated or
5processed and returned to the economic mainstream in the form
6of raw materials or products, if it is not speculatively
7accumulated and, if used as a fill material, it is used in
8accordance with item (i), or (iii) solely broken concrete
9without protruding metal bars used for erosion control, or (iv)
10generated from the construction or demolition of a building,
11road, or other structure and used to construct, on the site
12where the construction or demolition has taken place, a manmade
13functional structure not to exceed 20 feet above the highest
14point of elevation of the property immediately adjacent to the
15new manmade functional structure as that elevation existed
16prior to the creation of that new structure, provided that the
17structure shall be covered with sufficient soil materials to
18sustain vegetation or by a road or structure, and further
19provided that no such structure shall be constructed within a
20home rule municipality with a population over 500,000 without
21the consent of the municipality.
22    For purposes of this subsection (b), reclaimed or other
23asphalt pavement shall not be considered speculatively
24accumulated if: (i) it is not commingled with any other clean
25construction or demolition debris or any waste; (ii) it is
26returned to the economic mainstream in the form of raw

 

 

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1materials or products within 4 years after its generation;
2(iii) at least 25% of the total amount present at a site during
3a calendar year is transported off of the site during the next
4calendar year; and (iv) if used as a fill material, it is used
5in accordance with item (i) of the second paragraph of this
6subsection (b).
7    (c) For purposes of this Section, the term "uncontaminated
8soil" means soil that does not contain contaminants in
9concentrations that pose a threat to human health and safety
10and the environment.
11        (1) No later than one year after the effective date of
12    this amendatory Act of the 96th General Assembly, the
13    Agency shall propose, and, no later than one year after
14    receipt of the Agency's proposal, the Board shall adopt,
15    rules specifying the maximum concentrations of
16    contaminants that may be present in uncontaminated soil for
17    purposes of this Section. For carcinogens, the maximum
18    concentrations shall not allow exposure to the chemical's
19    most stringent Tier 1 exposure route value exceed an excess
20    upper-bound lifetime risk of 1 in 1,000,000; provided that
21    the Board may consider allowing benzo(a)pyrene up to the
22    applicable background concentration set forth in Table H of
23    Appendix A of 35 Ill. Adm. Code 742 in soil used as fill
24    material in a current or former quarry, mine, or other
25    excavation in accordance with Section 22.51 or 22.51a of
26    this Act and rules adopted under those Sections. A

 

 

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1    chemical's most stringent Tier 1 exposure value shall be
2    determined as follows: (1) if a chemical's most stringent
3    Tier 1 exposure route is less than the chemical's
4    acceptable detection limit (ADL) listed in 35 Ill. Adm.
5    Code 742, Appendix B, as amended, then the ADL shall serve
6    as the most stringent Tier 1 exposure route value and (2)
7    if a chemical's most stringent Tier 1 exposure route value
8    is less than the chemical's lowest background
9    concentration listed in 35 Ill. Adm. Code 742, Appendix A,
10    Table G or H, as amended, then the chemical's lowest
11    background concentration listed in Table G or H shall serve
12    as the most stringent Tier 1 exposure route value. For
13    purposes of this Section, the lowest background
14    concentration listed in Table H shall be used, regardless
15    of whether it is the background concentration listed for
16    Chicago, a Metropolitan Area, or a Non-Metropolitan Area.
17    The most stringent Tier 1 exposure route values shall be
18    determined solely from the values listed in 35 Ill. Adm.
19    Code 742, Appendix A and Appendix B. Other provisions of
20    the Board's rules, such as those pertaining to the use of
21    engineered barriers or institutional controls, cannot be
22    used to exclude or otherwise alter exposure routes or
23    exposure route values for purposes of determining the most
24    stringent Tier 1 exposure route. , so long as the applicable
25    background concentration is based upon the location of the
26    quarry, mine, or other excavation.

 

 

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1        (2) To the extent allowed under federal law and
2    regulations, uncontaminated soil shall not be considered a
3    waste.
4(Source: P.A. 95-121, eff. 8-13-07; 96-235, eff. 8-11-09;
596-1416, eff. 7-30-10.)
 
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
24taking place, (ii) the name and address of the site owner,
25(iii) the name and address of the site operator, and (iv) the

 

 

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1types and amounts of clean construction or demolition debris
2being used as fill material at the site.
3    (C) The Agency may deny an interim authorization if the
4site owner or the site operator, or their duly authorized
5agent, fails to provide to the Agency the information listed in
6subsection (b)(1)(B) of this Section. Any denial of an interim
7authorization shall be subject to appeal to the Board in
8accordance with the procedures of Section 40 of this Act.
9    (D) No person shall use clean construction or demolition
10debris as fill material in a current or former quarry, mine, or
11other excavation for which the Agency has denied interim
12authorization under subsection (b)(1)(C) of this Section. The
13Board may stay the prohibition of this subsection (D) during
14the pendency of an appeal of the Agency's denial of the interim
15authorization brought under subsection (b)(1)(C) of this
16Section.
17    (2) Beginning September 1, 2006, owners and operators of
18clean construction or demolition debris fill operations shall,
19in accordance with a schedule prescribed by the Agency, submit
20to the Agency applications for the permits required under this
21Section. The Agency shall notify owners and operators in
22writing of the due date for their permit application. The due
23date shall be no less than 90 days after the date of the
24Agency's written notification. Owners and operators who do not
25receive a written notification from the Agency by October 1,
262007, shall submit a permit application to the Agency by

 

 

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1January 1, 2008. The interim authorization of owners and
2operators who fail to submit a permit application to the Agency
3by the permit application's due date shall terminate on (i) the
4due date established by the Agency if the owner or operator
5received a written notification from the Agency prior to
6October 1, 2007, or (ii) or January 1, 2008, if the owner or
7operator did not receive a written notification from the Agency
8by October 1, 2007.
9    (3) On and after July 1, 2008, no person shall use clean
10construction or demolition debris as fill material in a current
11or former quarry, mine, or other excavation (i) without a
12permit granted by the Agency for the clean construction or
13demolition debris fill operation or in violation of any
14conditions imposed by such permit, including periodic reports
15and full access to adequate records and the inspection of
16facilities, as may be necessary to assure compliance with this
17Act and with Board regulations and standards adopted under this
18Act or (ii) in violation of any regulations or standards
19adopted by the Board under this Act.
20    (4) This subsection (b) does not apply to:
21        (A) the use of clean construction or demolition debris
22    as fill material in a current or former quarry, mine, or
23    other excavation located on the site where the clean
24    construction or demolition debris was generated;
25        (B) the use of clean construction or demolition debris
26    as fill material in an excavation other than a current or

 

 

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

 

 

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

 

 

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1    fill operation. A "direct or indirect interest" does not
2    include the ownership of publicly traded stock. The "owner"
3    is the "operator" if there is no other person who is
4    operating and maintaining a clean construction or
5    demolition debris fill operation.
6        (3) The term "clean construction or demolition debris
7    fill operation" means a current or former quarry, mine, or
8    other excavation where clean construction or demolition
9    debris is used as fill material.
10        (3.5) The term "other excavation" does not include
11    holes, trenches, or similar earth removal created as part
12    of normal construction, removal, or maintenance of a
13    structure, utility, or transportation infrastructure.
14        (4) The term "uncontaminated soil" shall have the same
15    meaning as uncontaminated soil under Section 3.160 of this
16    Act.
17    (f)(1) No later than one year after the effective date of
18this amendatory Act of the 96th General Assembly, the Agency
19shall propose to the Board, and, no later than one year after
20the Board's receipt of the Agency's proposal, the Board shall
21adopt, rules for the use of clean construction or demolition
22debris and uncontaminated soil as fill material at clean
23construction or demolition debris fill operations. The rules
24must include standards and procedures necessary to protect
25groundwater, which may include, but shall not be limited to,
26the following: requirements regarding testing and

 

 

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

 

 

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

 

 

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

 

 

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1    Chemical analysis conducted under subdivision (f)(2) of
2this Section must be conducted in accordance with the
3requirements of 35 Ill. Adm. Code 742, as amended, and "Test
4Methods for Evaluating Solid Waste, Physical/Chemical
5Methods", USEPA Publication No. SW-846, as amended.
6    (g)(1) No person shall use soil other than uncontaminated
7soil as fill material at a clean construction or demolition
8debris fill operation.
9    (2) No person shall use construction or demolition debris
10other than clean construction or demolition debris as fill
11material at a clean construction or demolition debris fill
12operation.
13    (3) This Section shall not apply to the use of
14uncontaminated soil or clean construction or demolition debris
15as fill material in an excavation other than a current or
16former quarry or mine if the use complies with Illinois
17Department of Transportation specifications.
18    (h) For certification purposes of this Section and the
19rules adopted by the Board, soil removed from public highway
20right-of-way shall not be presumed to be removed from a site
21used for commercial or industrial purposes. Whether public
22highway right-of-way as a removal site has been used for
23commercial or industrial purposes shall be determined based on
24uses of the property prior to acquisition as right-of-way or
25the uses of the adjoining property affecting the site. Until
26such time as the Board adopts a new definition in the rules for

 

 

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1industrial or commercial purposes, owners and operators of
2clean construction or demolition debris fill operations
3accepting soil shall accept the certification by the highway
4authority having jurisdiction of the right-of-way that the soil
5removed from the project site has been determined to be
6uncontaminated soil in accordance with the environmental
7assessment policies, procedures, and specifications of the
8highway authority.
9(Source: P.A. 96-1416, eff. 7-30-10.)
 
10    (415 ILCS 5/22.51a)
11    Sec. 22.51a. Uncontaminated Soil Fill Operations.
12    (a) For purposes of this Section:
13        (0.5) The term "other excavation" does not include
14    holes, trenches, or similar earth removal created as part
15    of normal construction, removal, or maintenance of a
16    structure, utility, or transportation infrastructure.
17        (1) The term "uncontaminated soil" shall have the same
18    meaning as uncontaminated soil under Section 3.160 of this
19    Act.
20        (2) The term "uncontaminated soil fill operation"
21    means a current or former quarry, mine, or other excavation
22    where uncontaminated soil is used as fill material, but
23    does not include a clean construction or demolition debris
24    fill operation.
25    (b) No person shall use soil other than uncontaminated soil

 

 

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1as fill material at an uncontaminated soil fill operation.
2    (c) Owners and operators of uncontaminated soil fill
3operations must register the fill operations with the Agency.
4Uncontaminated soil fill operations that received
5uncontaminated soil prior to the effective date of this
6amendatory Act of the 96th General Assembly must be registered
7with the Agency no later than March 31, 2011. Uncontaminated
8soil fill operations that first receive uncontaminated soil on
9or after the effective date of this amendatory Act of the 96th
10General Assembly must be registered with the Agency prior to
11the receipt of any uncontaminated soil. Registrations must be
12submitted on forms and in a format prescribed by the Agency.
13    (d)(1) No later than one year after the effective date of
14this amendatory Act of the 96th General Assembly, the Agency
15shall propose to the Board, and, no later than one year after
16the Board's receipt of the Agency's proposal, the Board shall
17adopt, rules for the use of uncontaminated soil as fill
18material at uncontaminated soil fill operations. The rules must
19include standards and procedures necessary to protect
20groundwater, which shall include, but shall not be limited to,
21testing and certification of soil used as fill material and
22requirements for recordkeeping.
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 that
16    the soil is uncontaminated soil. Certifications required
17    under this subdivision (d)(2)(B) must be on forms and in a
18    format prescribed by the Agency.
19        (C) Confirm that the uncontaminated soil was not
20    removed from a site as part of a cleanup or removal of
21    contaminants, including, but not limited to, activities
22    conducted under the Comprehensive Environmental Response,
23    Compensation, and Liability Act of 1980, as amended; as
24    part of a Closure or Corrective Action under the Resource
25    Conservation and Recovery Act, as amended; or under an
26    Agency remediation program, such as the Leaking

 

 

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

 

 

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1operations must maintain all documentation required under
2subdivision (d)(2) of this Section for a minimum of 3 years
3following the receipt of each load of uncontaminated soil,
4except that documentation relating to an appeal, litigation, or
5other disputed claim must be maintained until at least 3 years
6after the date of the final disposition of the appeal,
7litigation, or other disputed claim. Copies of the
8documentation must be made available to the Agency and to units
9of local government for inspection and copying during normal
10business hours. The Agency may prescribe forms and formats for
11the documentation required under subdivision (d)(2) of this
12Section.
13    Chemical analysis conducted under subdivision (d)(2) of
14this Section must be conducted in accordance with the
15requirements of 35 Ill. Adm. Code 742, as amended, and "Test
16Methods for Evaluating Solid Waste, Physical/Chemical
17Methods", USEPA Publication No. SW-846, as amended.
18    (e) This Section does not apply to:
19        (1) the use of uncontaminated soil as fill material in
20    a current or former quarry, mine, or other excavation
21    located on the site where the uncontaminated soil was
22    generated;
23        (2) the use of uncontaminated soil as fill material in
24    an excavation other than a current or former quarry or mine
25    if the use complies with Illinois Department of
26    Transportation specifications; or

 

 

HB1671- 21 -LRB097 08911 JDS 49043 b

1        (3) current or former quarries, mines, or other
2    excavations that do not use uncontaminated soil as fill
3    material.
4    (f) For certification purposes of this Section and the
5rules adopted by the Board, soil removed from public highway
6right-of-way shall not be presumed to be removed from a site
7used for commercial or industrial purposes. Whether public
8highway right-of-way as a removal site has been used for
9commercial or industrial purposes shall be determined based on
10uses of the property prior to acquisition as right-of-way, use
11of the property by the highway authority, or the uses of the
12adjoining property affecting the site. Until such time as the
13Board adopts a new definition in the rules for industrial or
14commercial purposes, owners and operators of uncontaminated
15soil fill operations shall accept the certification by the
16highway authority having jurisdiction of the right-of-way that
17the soil removed from the project site has been determined to
18be uncontaminated soil in accordance with the environmental
19assessment policies, procedures, and specifications of the
20highway authority.
21(Source: P.A. 96-1416, eff. 7-30-10.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.