Rep. Mike Fortner

Filed: 3/8/2011

 

 


 

 


 
09700HB3371ham001LRB097 10931 JDS 52142 a

1
AMENDMENT TO HOUSE BILL 3371

2    AMENDMENT NO. ______. Amend House Bill 3371 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1demolition debris fill operation.
2    (B) The Agency shall approve an interim authorization upon
3its receipt of a written application for the interim
4authorization that is signed by the site owner and the site
5operator, or their duly authorized agent, and that contains the
6following information: (i) the location of the site where the
7clean construction or demolition debris fill operation is
8taking place, (ii) the name and address of the site owner,
9(iii) the name and address of the site operator, and (iv) the
10types and amounts of clean construction or demolition debris
11being used as fill material at the site.
12    (C) The Agency may deny an interim authorization if the
13site owner or the site operator, or their duly authorized
14agent, fails to provide to the Agency the information listed in
15subsection (b)(1)(B) of this Section. Any denial of an interim
16authorization shall be subject to appeal to the Board in
17accordance with the procedures of Section 40 of this Act.
18    (D) No person shall use clean construction or demolition
19debris as fill material in a current or former quarry, mine, or
20other excavation for which the Agency has denied interim
21authorization under subsection (b)(1)(C) of this Section. The
22Board may stay the prohibition of this subsection (D) during
23the pendency of an appeal of the Agency's denial of the interim
24authorization brought under subsection (b)(1)(C) of this
25Section.
26    (2) Beginning September 1, 2006, owners and operators of

 

 

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1clean construction or demolition debris fill operations shall,
2in accordance with a schedule prescribed by the Agency, submit
3to the Agency applications for the permits required under this
4Section. The Agency shall notify owners and operators in
5writing of the due date for their permit application. The due
6date shall be no less than 90 days after the date of the
7Agency's written notification. Owners and operators who do not
8receive a written notification from the Agency by October 1,
92007, shall submit a permit application to the Agency by
10January 1, 2008. The interim authorization of owners and
11operators who fail to submit a permit application to the Agency
12by the permit application's due date shall terminate on (i) the
13due date established by the Agency if the owner or operator
14received a written notification from the Agency prior to
15October 1, 2007, or (ii) or January 1, 2008, if the owner or
16operator did not receive a written notification from the Agency
17by October 1, 2007.
18    (3) On and after July 1, 2008, no person shall use clean
19construction or demolition debris as fill material in a current
20or former quarry, mine, or other excavation (i) without a
21permit granted by the Agency for the clean construction or
22demolition debris fill operation or in violation of any
23conditions imposed by such permit, including periodic reports
24and full access to adequate records and the inspection of
25facilities, as may be necessary to assure compliance with this
26Act and with Board regulations and standards adopted under this

 

 

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

 

 

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1    fill operations and the submission and review of permits
2    required under this Section.
3        (2) Until the Board adopts rules under subsection
4    (c)(1) of this Section, all persons using clean
5    construction or demolition debris as fill material in a
6    current or former quarry, mine, or other excavation shall:
7            (A) Assure that only clean construction or
8        demolition debris is being used as fill material by
9        screening each truckload of material received using a
10        device approved by the Agency that detects volatile
11        organic compounds. Such devices may include, but are
12        not limited to, photo ionization detectors. All
13        screening devices shall be operated and maintained in
14        accordance with manufacturer's specifications.
15        Unacceptable fill material shall be rejected from the
16        site; and
17            (B) Retain for a minimum of 3 years the following
18        information:
19                (i) The name of the hauler, the name of the
20            generator, and place of origin of the debris or
21            soil;
22                (ii) The approximate weight or volume of the
23            debris or soil; and
24                (iii) The date the debris or soil was received.
25    (d) This Section applies only to clean construction or
26demolition debris that is not considered "waste" as provided in

 

 

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1Section 3.160 of this Act.
2    (e) For purposes of this Section:
3        (1) The term "operator" means a person responsible for
4    the operation and maintenance of a clean construction or
5    demolition debris fill operation.
6        (2) The term "owner" means a person who has any direct
7    or indirect interest in a clean construction or demolition
8    debris fill operation or in land on which a person operates
9    and maintains a clean construction or demolition debris
10    fill operation. A "direct or indirect interest" does not
11    include the ownership of publicly traded stock. The "owner"
12    is the "operator" if there is no other person who is
13    operating and maintaining a clean construction or
14    demolition debris fill operation.
15        (3) The term "clean construction or demolition debris
16    fill operation" means a current or former quarry, mine, or
17    other excavation where clean construction or demolition
18    debris is used as fill material.
19        (4) The term "uncontaminated soil" shall have the same
20    meaning as uncontaminated soil under Section 3.160 of this
21    Act.
22    (f)(1) No later than one year after the effective date of
23this amendatory Act of the 96th General Assembly, the Agency
24shall propose to the Board, and, no later than one year after
25the Board's receipt of the Agency's proposal, the Board shall
26adopt, rules for the use of clean construction or demolition

 

 

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

 

 

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

 

 

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1    property.
2        (C) Confirm that the clean construction or demolition
3    debris or uncontaminated soil was not removed from a site
4    as part of a cleanup or removal of contaminants, including,
5    but not limited to, activities conducted under the
6    Comprehensive Environmental Response, Compensation, and
7    Liability Act of 1980, as amended; as part of a Closure or
8    Corrective Action under the Resource Conservation and
9    Recovery Act, as amended; or under an Agency remediation
10    program, such as the Leaking Underground Storage Tank
11    Program or Site Remediation Program, but excluding sites
12    subject to Section 58.16 of this Act where there is no
13    presence or likely presence of a release or a substantial
14    threat of a release of a regulated substance at, on, or
15    from the real property.
16        (D) Document all activities required under subdivision
17    (f)(2) of this Section. Documentation of any chemical
18    analysis must include, but is not limited to, (i) a copy of
19    the lab analysis, (ii) accreditation status of the
20    laboratory performing the analysis, and (iii)
21    certification by an authorized agent of the laboratory that
22    the analysis has been performed in accordance with the
23    Agency's rules for the accreditation of environmental
24    laboratories and the scope of accreditation.
25    (3) Owners and operators of clean construction or
26demolition debris fill operations must maintain all

 

 

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1documentation required under subdivision (f)(2) of this
2Section for a minimum of 3 years following the receipt of each
3load of clean construction or demolition debris or
4uncontaminated soil, except that documentation relating to an
5appeal, litigation, or other disputed claim must be maintained
6until at least 3 years after the date of the final disposition
7of the appeal, litigation, or other disputed claim. Copies of
8the documentation must be made available to the Agency and to
9units of local government for inspection and copying during
10normal business hours. The Agency may prescribe forms and
11formats for the documentation required under subdivision
12(f)(2) of this Section.
13    Chemical analysis conducted under subdivision (f)(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    (g)(1) No person shall use soil other than uncontaminated
19soil as fill material at a clean construction or demolition
20debris fill operation.
21    (2) No person shall use construction or demolition debris
22other than clean construction or demolition debris as fill
23material at a clean construction or demolition debris fill
24operation.
25(Source: P.A. 96-1416, eff. 7-30-10.)
 

 

 

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1    (415 ILCS 5/22.51a)
2    Sec. 22.51a. Uncontaminated Soil Fill Operations.
3    (a) For purposes of this Section:
4        (1) The term "uncontaminated soil" shall have the same
5    meaning as uncontaminated soil under Section 3.160 of this
6    Act.
7        (2) The term "uncontaminated soil fill operation"
8    means a current or former quarry, mine, or other excavation
9    where uncontaminated soil is used as fill material, but
10    does not include a clean construction or demolition debris
11    fill operation.
12    (b) No person shall use soil other than uncontaminated soil
13as fill material at an uncontaminated soil fill operation.
14    (c) Owners and operators of uncontaminated soil fill
15operations must register the fill operations with the Agency.
16Uncontaminated soil fill operations that received
17uncontaminated soil prior to the effective date of this
18amendatory Act of the 96th General Assembly must be registered
19with the Agency no later than March 31, 2011. Uncontaminated
20soil fill operations that first receive uncontaminated soil on
21or after the effective date of this amendatory Act of the 96th
22General Assembly must be registered with the Agency prior to
23the receipt of any uncontaminated soil. Registrations must be
24submitted on forms and in a format prescribed by the Agency.
25    (d)(1) No later than one year after the effective date of
26this amendatory Act of the 96th General Assembly, the Agency

 

 

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1shall propose to the Board, and, no later than one year after
2the Board's receipt of the Agency's proposal, the Board shall
3adopt, rules for the use of uncontaminated soil as fill
4material at uncontaminated soil fill operations. The rules must
5include standards and procedures necessary to protect
6groundwater, which shall include, but shall not be limited to,
7testing and certification of soil used as fill material and
8requirements for recordkeeping.
9    (2) Until the effective date of the Board rules adopted
10under subdivision (d)(1) of this Section, owners and operators
11of uncontaminated soil fill operations must do all of the
12following in subdivisions (d)(2)(A) through (d)(2)(F) of this
13Section for all uncontaminated soil accepted for use as fill
14material. The requirements in subdivisions (d)(2)(A) through
15(d)(2)(F) of this Section shall not limit any rules adopted by
16the Board.
17        (A) Document the following information for each load of
18    uncontaminated soil received: (i) the name of the hauler,
19    the address of the site of origin, and the owner and the
20    operator of the site of origin of the uncontaminated soil,
21    (ii) the weight or volume of the uncontaminated soil, and
22    (iii) the date the uncontaminated soil was received.
23        (B) Obtain either (i) a certification from the owner or
24    operator of the site from which the soil was removed that
25    the site has never been used for commercial or industrial
26    purposes and is presumed to be uncontaminated soil or (ii)

 

 

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1    a certification from a licensed Professional Engineer that
2    the soil is uncontaminated soil. Certifications required
3    under this subdivision (d)(2)(B) must be on forms and in a
4    format prescribed by the Agency. For purposes of this
5    subparagraph (B), the following should be considered when
6    determining whether soil within a transportation right of
7    way or a utility easement has been used for commercial or
8    industrial purposes: the current use of the property as a
9    right of way or easement, the uses of the property prior to
10    its use as a right of way or easement, and the uses of
11    adjoining property.
12        (C) Confirm that the uncontaminated soil was not
13    removed from a site as part of a cleanup or removal of
14    contaminants, including, but not limited to, activities
15    conducted under the Comprehensive Environmental Response,
16    Compensation, and Liability Act of 1980, as amended; as
17    part of a Closure or Corrective Action under the Resource
18    Conservation and Recovery Act, as amended; or under an
19    Agency remediation program, such as the Leaking
20    Underground Storage Tank Program or Site Remediation
21    Program, but excluding sites subject to Section 58.16 of
22    this Act where there is no presence or likely presence of a
23    release or a substantial threat of a release of a regulated
24    substance at, on, or from the real property.
25        (D) Visually inspect each load to confirm that only
26    uncontaminated soil is being accepted for use as fill

 

 

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1    material.
2        (E) Screen each load of uncontaminated soil using a
3    device that is approved by the Agency and detects volatile
4    organic compounds. Such a device may include, but is not
5    limited to, a photo ionization detector or a flame
6    ionization detector. All screening devices shall be
7    operated and maintained in accordance with the
8    manufacturer's specifications. Unacceptable soil must be
9    rejected from the fill operation.
10        (F) Document all activities required under subdivision
11    (d)(2) of this Section. Documentation of any chemical
12    analysis must include, but is not limited to, (i) a copy of
13    the lab analysis, (ii) accreditation status of the
14    laboratory performing the analysis, and (iii)
15    certification by an authorized agent of the laboratory that
16    the analysis has been performed in accordance with the
17    Agency's rules for the accreditation of environmental
18    laboratories and the scope of accreditation.
19    (3) Owners and operators of uncontaminated soil fill
20operations must maintain all documentation required under
21subdivision (d)(2) of this Section for a minimum of 3 years
22following the receipt of each load of uncontaminated soil,
23except that documentation relating to an appeal, litigation, or
24other disputed claim must be maintained until at least 3 years
25after the date of the final disposition of the appeal,
26litigation, or other disputed claim. Copies of the

 

 

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1documentation must be made available to the Agency and to units
2of local government for inspection and copying during normal
3business hours. The Agency may prescribe forms and formats for
4the documentation required under subdivision (d)(2) of this
5Section.
6    Chemical analysis conducted under subdivision (d)(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(Source: P.A. 96-1416, eff. 7-30-10.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".