HB3371 EngrossedLRB097 10931 JDS 51492 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 one year after the effective date of
16this amendatory Act of the 96th General Assembly, the Agency
17shall propose to the Board, and, no later than one year after
18the Board's receipt of the Agency's proposal, the Board shall
19adopt, rules for the use of clean construction or demolition
20debris and uncontaminated soil as fill material at clean
21construction or demolition debris fill operations. The rules
22must include standards and procedures necessary to protect
23groundwater, which may include, but shall not be limited to,
24the following: requirements regarding testing and
25certification of soil used as fill material, surface water
26runoff, liners or other protective barriers, monitoring

 

 

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1(including, but not limited to, groundwater monitoring),
2corrective action, recordkeeping, reporting, closure and
3post-closure care, financial assurance, post-closure land use
4controls, location standards, and the modification of existing
5permits to conform to the requirements of this Act and Board
6rules. The rules may also include limits on the use of
7recyclable concrete and asphalt as fill material at clean
8construction or demolition debris fill operations, taking into
9account factors such as technical feasibility, economic
10reasonableness, and the availability of markets for such
11materials.
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 that the soil is uncontaminated
11    soil. Certifications required under this subdivision
12    (f)(2)(B) must be on forms and in a format prescribed by
13    the Agency. For purposes of this subparagraph (B), the
14    following should be considered when determining whether
15    soil within a transportation right of way or a utility
16    easement has been used for commercial or industrial
17    purposes: the current use of the property as a right of way
18    or easement, the uses of the property prior to its use as a
19    right of way or easement, and the uses of adjoining
20    property.
21        (C) Confirm that the clean construction or demolition
22    debris or uncontaminated soil was not removed from a site
23    as part of a cleanup or removal of contaminants, including,
24    but not limited to, activities conducted under the
25    Comprehensive Environmental Response, Compensation, and
26    Liability Act of 1980, as amended; as part of a Closure or

 

 

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1    Corrective Action under the Resource Conservation and
2    Recovery Act, as amended; or under an Agency remediation
3    program, such as the Leaking Underground Storage Tank
4    Program or Site Remediation Program, but excluding sites
5    subject to Section 58.16 of this Act where there is no
6    presence or likely presence of a release or a substantial
7    threat of a release of a regulated substance at, on, or
8    from the real property.
9        (D) Document all activities required under subdivision
10    (f)(2) of this Section. Documentation of any chemical
11    analysis must include, but is not limited to, (i) a copy of
12    the lab analysis, (ii) accreditation status of the
13    laboratory performing the analysis, and (iii)
14    certification by an authorized agent of the laboratory that
15    the analysis has been performed in accordance with the
16    Agency's rules for the accreditation of environmental
17    laboratories and the scope of accreditation.
18    (3) Owners and operators of clean construction or
19demolition debris fill operations must maintain all
20documentation required under subdivision (f)(2) of this
21Section for a minimum of 3 years following the receipt of each
22load of clean construction or demolition debris or
23uncontaminated soil, except that documentation relating to an
24appeal, litigation, or other disputed claim must be maintained
25until at least 3 years after the date of the final disposition
26of the appeal, litigation, or other disputed claim. Copies of

 

 

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1the documentation must be made available to the Agency and to
2units of local government for inspection and copying during
3normal business hours. The Agency may prescribe forms and
4formats for the documentation required under subdivision
5(f)(2) of this Section.
6    Chemical analysis conducted under subdivision (f)(2) of
7this Section must be conducted in accordance with the
8requirements of 35 Ill. Adm. Code 742, as amended, and "Test
9Methods for Evaluating Solid Waste, Physical/Chemical
10Methods", USEPA Publication No. SW-846, as amended.
11    (g)(1) No person shall use soil other than uncontaminated
12soil as fill material at a clean construction or demolition
13debris fill operation.
14    (2) No person shall use construction or demolition debris
15other than clean construction or demolition debris as fill
16material at a clean construction or demolition debris fill
17operation.
18(Source: P.A. 96-1416, eff. 7-30-10.)
 
19    (415 ILCS 5/22.51a)
20    Sec. 22.51a. Uncontaminated Soil Fill Operations.
21    (a) For purposes of this Section:
22        (1) The term "uncontaminated soil" shall have the same
23    meaning as uncontaminated soil under Section 3.160 of this
24    Act.
25        (2) The term "uncontaminated soil fill operation"

 

 

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1    means a current or former quarry, mine, or other excavation
2    where uncontaminated soil is used as fill material, but
3    does not include a clean construction or demolition debris
4    fill operation.
5    (b) No person shall use soil other than uncontaminated soil
6as fill material at an uncontaminated soil fill operation.
7    (c) Owners and operators of uncontaminated soil fill
8operations must register the fill operations with the Agency.
9Uncontaminated soil fill operations that received
10uncontaminated soil prior to the effective date of this
11amendatory Act of the 96th General Assembly must be registered
12with the Agency no later than March 31, 2011. Uncontaminated
13soil fill operations that first receive uncontaminated soil on
14or after the effective date of this amendatory Act of the 96th
15General Assembly must be registered with the Agency prior to
16the receipt of any uncontaminated soil. Registrations must be
17submitted on forms and in a format prescribed by the Agency.
18    (d)(1) No later than one year after the effective date of
19this amendatory Act of the 96th General Assembly, the Agency
20shall propose to the Board, and, no later than one year after
21the Board's receipt of the Agency's proposal, the Board shall
22adopt, rules for the use of uncontaminated soil as fill
23material at uncontaminated soil fill operations. The rules must
24include standards and procedures necessary to protect
25groundwater, which shall include, but shall not be limited to,
26testing and certification of soil used as fill material and

 

 

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1requirements for recordkeeping.
2    (2) Until the effective date of the Board rules adopted
3under subdivision (d)(1) of this Section, owners and operators
4of uncontaminated soil fill operations must do all of the
5following in subdivisions (d)(2)(A) through (d)(2)(F) of this
6Section for all uncontaminated soil accepted for use as fill
7material. The requirements in subdivisions (d)(2)(A) through
8(d)(2)(F) of this Section shall not limit any rules adopted by
9the Board.
10        (A) Document the following information for each load of
11    uncontaminated soil received: (i) the name of the hauler,
12    the address of the site of origin, and the owner and the
13    operator of the site of origin of the uncontaminated soil,
14    (ii) the weight or volume of the uncontaminated soil, and
15    (iii) the date the uncontaminated soil was received.
16        (B) Obtain either (i) a certification from the owner or
17    operator of the site from which the soil was removed that
18    the site has never been used for commercial or industrial
19    purposes and is presumed to be uncontaminated soil or (ii)
20    a certification from a licensed Professional Engineer that
21    the soil is uncontaminated soil. Certifications required
22    under this subdivision (d)(2)(B) must be on forms and in a
23    format prescribed by the Agency. For purposes of this
24    subparagraph (B), the following should be considered when
25    determining whether soil within a transportation right of
26    way or a utility easement has been used for commercial or

 

 

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1    industrial purposes: the current use of the property as a
2    right of way or easement, the uses of the property prior to
3    its use as a right of way or easement, and the uses of
4    adjoining property.
5        (C) Confirm that the uncontaminated soil was not
6    removed from a site as part of a cleanup or removal of
7    contaminants, including, but not limited to, activities
8    conducted under the Comprehensive Environmental Response,
9    Compensation, and Liability Act of 1980, as amended; as
10    part of a Closure or Corrective Action under the Resource
11    Conservation and Recovery Act, as amended; or under an
12    Agency remediation program, such as the Leaking
13    Underground Storage Tank Program or Site Remediation
14    Program, but excluding sites subject to Section 58.16 of
15    this Act where there is no presence or likely presence of a
16    release or a substantial threat of a release of a regulated
17    substance at, on, or from the real property.
18        (D) Visually inspect each load to confirm that only
19    uncontaminated soil is being accepted for use as fill
20    material.
21        (E) Screen each load of uncontaminated soil using a
22    device that is approved by the Agency and detects volatile
23    organic compounds. Such a device may include, but is not
24    limited to, a photo ionization detector or a flame
25    ionization detector. All screening devices shall be
26    operated and maintained in accordance with the

 

 

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1    manufacturer's specifications. Unacceptable soil must be
2    rejected from the fill operation.
3        (F) Document all activities required under subdivision
4    (d)(2) of this Section. Documentation of any chemical
5    analysis must include, but is not limited to, (i) a copy of
6    the lab analysis, (ii) accreditation status of the
7    laboratory performing the analysis, and (iii)
8    certification by an authorized agent of the laboratory that
9    the analysis has been performed in accordance with the
10    Agency's rules for the accreditation of environmental
11    laboratories and the scope of accreditation.
12    (3) Owners and operators of uncontaminated soil fill
13operations must maintain all documentation required under
14subdivision (d)(2) of this Section for a minimum of 3 years
15following the receipt of each load of uncontaminated soil,
16except that documentation relating to an appeal, litigation, or
17other disputed claim must be maintained until at least 3 years
18after the date of the final disposition of the appeal,
19litigation, or other disputed claim. Copies of the
20documentation must be made available to the Agency and to units
21of local government for inspection and copying during normal
22business hours. The Agency may prescribe forms and formats for
23the documentation required under subdivision (d)(2) of this
24Section.
25    Chemical analysis conducted under subdivision (d)(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(Source: P.A. 96-1416, eff. 7-30-10.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.