Sen. Don Harmon

Filed: 5/20/2011

 

 


 

 


 
09700HB3371sam002LRB097 10931 JDS 56001 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 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;

 

 

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1plastics that are not sealed in a manner that conceals waste;
2electrical wiring and components containing no hazardous
3substances; and corrugated cardboard, piping or metals
4incidental to any of those materials.
5    General construction or demolition debris does not include
6uncontaminated soil generated during construction, remodeling,
7repair, and demolition of utilities, structures, and roads
8provided the uncontaminated soil is not commingled with any
9general construction or demolition debris or other waste.
10    To the extent allowed by federal law, uncontaminated
11concrete with protruding rebar shall be considered clean
12construction or demolition debris and shall not be considered
13"waste" if it is separated or processed and returned to the
14economic mainstream in the form of raw materials or products
15within 4 years of its generation, if it is not speculatively
16accumulated and, if used as a fill material, it is used in
17accordance with item (i) in subsection (b) of this Section.
18    (b) "Clean construction or demolition debris" means
19uncontaminated broken concrete without protruding metal bars,
20bricks, rock, stone, reclaimed or other asphalt pavement, or
21soil generated from construction or demolition activities.
22    Clean construction or demolition debris does not include
23uncontaminated soil generated during construction, remodeling,
24repair, and demolition of utilities, structures, and roads
25provided the uncontaminated soil is not commingled with any
26clean construction or demolition debris or other waste.

 

 

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1    To the extent allowed by federal law, clean construction or
2demolition debris shall not be considered "waste" if it is (i)
3used as fill material outside of a setback zone if the fill is
4placed no higher than the highest point of elevation existing
5prior to the filling immediately adjacent to the fill area, and
6if covered by sufficient uncontaminated soil to support
7vegetation within 30 days of the completion of filling or if
8covered by a road or structure, and, if used as fill material
9in a current or former quarry, mine, or other excavation, is
10used in accordance with the requirements of Section 22.51 of
11this Act and the rules adopted thereunder or (ii) separated or
12processed and returned to the economic mainstream in the form
13of raw materials or products, if it is not speculatively
14accumulated and, if used as a fill material, it is used in
15accordance with item (i), or (iii) solely broken concrete
16without protruding metal bars used for erosion control, or (iv)
17generated from the construction or demolition of a building,
18road, or other structure and used to construct, on the site
19where the construction or demolition has taken place, a manmade
20functional structure not to exceed 20 feet above the highest
21point of elevation of the property immediately adjacent to the
22new manmade functional structure as that elevation existed
23prior to the creation of that new structure, provided that the
24structure shall be covered with sufficient soil materials to
25sustain vegetation or by a road or structure, and further
26provided that no such structure shall be constructed within a

 

 

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1home rule municipality with a population over 500,000 without
2the consent of the municipality.
3    For purposes of this subsection (b), reclaimed or other
4asphalt pavement shall not be considered speculatively
5accumulated if: (i) it is not commingled with any other clean
6construction or demolition debris or any waste; (ii) it is
7returned to the economic mainstream in the form of raw
8materials or products within 4 years after its generation;
9(iii) at least 25% of the total amount present at a site during
10a calendar year is transported off of the site during the next
11calendar year; and (iv) if used as a fill material, it is used
12in accordance with item (i) of the second paragraph of this
13subsection (b).
14    (c) For purposes of this Section, the term "uncontaminated
15soil" means soil that does not contain contaminants in
16concentrations that pose a threat to human health and safety
17and the environment.
18        (1) No later than one year after the effective date of
19    this amendatory Act of the 96th General Assembly, the
20    Agency shall propose, and, no later than one year after
21    receipt of the Agency's proposal, the Board shall adopt,
22    rules specifying the maximum concentrations of
23    contaminants that may be present in uncontaminated soil for
24    purposes of this Section. For carcinogens, the maximum
25    concentrations shall not allow exposure to exceed an excess
26    upper-bound lifetime risk of 1 in 1,000,000; provided that

 

 

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1    if the most stringent remediation objective or applicable
2    background concentration for a contaminant set forth in 35
3    Ill. Adm. Code 742 is greater than the concentration that
4    would allow exposure at an excess upper-bound lifetime risk
5    of 1 in 1,000,000, the Board may consider allowing that
6    contaminant in concentrations up to its most stringent
7    remediation objective or applicable background
8    concentration set forth in benzo(a)pyrene up to the
9    applicable background concentration set forth in Table H of
10    Appendix A of 35 Ill. Adm. Code 742 in soil used as fill
11    material in a current or former quarry, mine, or other
12    excavation in accordance with Section 22.51 or 22.51a of
13    this Act and rules adopted under those Sections. Any
14    background concentration set forth in 35 Ill. Adm. Code 742
15    that is adopted as a maximum concentration must be , so long
16    as the applicable background concentration is based upon
17    the location of the quarry, mine, or other excavation where
18    the soil is used as fill material.
19        (2) To the extent allowed under federal law and
20    regulations, uncontaminated soil shall not be considered a
21    waste.
22(Source: P.A. 95-121, eff. 8-13-07; 96-235, eff. 8-11-09;
2396-1416, eff. 7-30-10.)
 
24    (415 ILCS 5/22.51)
25    Sec. 22.51. Clean Construction or Demolition Debris Fill

 

 

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1Operations.
2    (a) No person shall conduct any clean construction or
3demolition debris fill operation in violation of this Act or
4any regulations or standards adopted by the Board.
5    (b)(1)(A) Beginning August 18, 2005 but prior to July 1,
62008, no person shall use clean construction or demolition
7debris as fill material in a current or former quarry, mine, or
8other excavation, unless they have applied for an interim
9authorization from the Agency for the clean construction or
10demolition debris fill operation.
11    (B) The Agency shall approve an interim authorization upon
12its receipt of a written application for the interim
13authorization that is signed by the site owner and the site
14operator, or their duly authorized agent, and that contains the
15following information: (i) the location of the site where the
16clean construction or demolition debris fill operation is
17taking place, (ii) the name and address of the site owner,
18(iii) the name and address of the site operator, and (iv) the
19types and amounts of clean construction or demolition debris
20being used as fill material at the site.
21    (C) The Agency may deny an interim authorization if the
22site owner or the site operator, or their duly authorized
23agent, fails to provide to the Agency the information listed in
24subsection (b)(1)(B) of this Section. Any denial of an interim
25authorization shall be subject to appeal to the Board in
26accordance with the procedures of Section 40 of this Act.

 

 

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1    (D) No person shall use clean construction or demolition
2debris as fill material in a current or former quarry, mine, or
3other excavation for which the Agency has denied interim
4authorization under subsection (b)(1)(C) of this Section. The
5Board may stay the prohibition of this subsection (D) during
6the pendency of an appeal of the Agency's denial of the interim
7authorization brought under subsection (b)(1)(C) of this
8Section.
9    (2) Beginning September 1, 2006, owners and operators of
10clean construction or demolition debris fill operations shall,
11in accordance with a schedule prescribed by the Agency, submit
12to the Agency applications for the permits required under this
13Section. The Agency shall notify owners and operators in
14writing of the due date for their permit application. The due
15date shall be no less than 90 days after the date of the
16Agency's written notification. Owners and operators who do not
17receive a written notification from the Agency by October 1,
182007, shall submit a permit application to the Agency by
19January 1, 2008. The interim authorization of owners and
20operators who fail to submit a permit application to the Agency
21by the permit application's due date shall terminate on (i) the
22due date established by the Agency if the owner or operator
23received a written notification from the Agency prior to
24October 1, 2007, or (ii) or January 1, 2008, if the owner or
25operator did not receive a written notification from the Agency
26by October 1, 2007.

 

 

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1    (3) On and after July 1, 2008, no person shall use clean
2construction or demolition debris as fill material in a current
3or former quarry, mine, or other excavation (i) without a
4permit granted by the Agency for the clean construction or
5demolition debris fill operation or in violation of any
6conditions imposed by such permit, including periodic reports
7and full access to adequate records and the inspection of
8facilities, as may be necessary to assure compliance with this
9Act and with Board regulations and standards adopted under this
10Act or (ii) in violation of any regulations or standards
11adopted by the Board under this Act.
12    (4) This subsection (b) does not apply to:
13        (A) the use of clean construction or demolition debris
14    as fill material in a current or former quarry, mine, or
15    other excavation located on the site where the clean
16    construction or demolition debris was generated;
17        (B) the use of clean construction or demolition debris
18    as fill material in an excavation other than a current or
19    former quarry or mine if this use complies with Illinois
20    Department of Transportation specifications; or
21        (C) current or former quarries, mines, and other
22    excavations that do not use clean construction or
23    demolition debris as fill material.
24    (c) In accordance with Title VII of this Act, the Board may
25adopt regulations to promote the purposes of this Section. The
26Agency shall consult with the mining and construction

 

 

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1industries during the development of any regulations to promote
2the purposes of this Section.
3        (1) No later than December 15, 2005, the Agency shall
4    propose to the Board, and no later than September 1, 2006,
5    the Board shall adopt, regulations for the use of clean
6    construction or demolition debris as fill material in
7    current and former quarries, mines, and other excavations.
8    Such regulations shall include, but shall not be limited
9    to, standards for clean construction or demolition debris
10    fill operations and the submission and review of permits
11    required under this Section.
12        (2) Until the Board adopts rules under subsection
13    (c)(1) of this Section, all persons using clean
14    construction or demolition debris as fill material in a
15    current or former quarry, mine, or other excavation shall:
16            (A) Assure that only clean construction or
17        demolition debris is being used as fill material by
18        screening each truckload of material received using a
19        device approved by the Agency that detects volatile
20        organic compounds. Such devices may include, but are
21        not limited to, photo ionization detectors. All
22        screening devices shall be operated and maintained in
23        accordance with manufacturer's specifications.
24        Unacceptable fill material shall be rejected from the
25        site; and
26            (B) Retain for a minimum of 3 years the following

 

 

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1        information:
2                (i) The name of the hauler, the name of the
3            generator, and place of origin of the debris or
4            soil;
5                (ii) The approximate weight or volume of the
6            debris or soil; and
7                (iii) The date the debris or soil was received.
8    (d) This Section applies only to clean construction or
9demolition debris that is not considered "waste" as provided in
10Section 3.160 of this Act.
11    (e) For purposes of this Section:
12        (1) The term "operator" means a person responsible for
13    the operation and maintenance of a clean construction or
14    demolition debris fill operation.
15        (2) The term "owner" means a person who has any direct
16    or indirect interest in a clean construction or demolition
17    debris fill operation or in land on which a person operates
18    and maintains a clean construction or demolition debris
19    fill operation. A "direct or indirect interest" does not
20    include the ownership of publicly traded stock. The "owner"
21    is the "operator" if there is no other person who is
22    operating and maintaining a clean construction or
23    demolition debris fill operation.
24        (3) The term "clean construction or demolition debris
25    fill operation" means a current or former quarry, mine, or
26    other excavation where clean construction or demolition

 

 

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1    debris is used as fill material.
2        (4) The term "uncontaminated soil" shall have the same
3    meaning as uncontaminated soil under Section 3.160 of this
4    Act.
5    (f)(1) No later than one year after the effective date of
6this amendatory Act of the 96th General Assembly, the Agency
7shall propose to the Board, and, no later than one year after
8the Board's receipt of the Agency's proposal, the Board shall
9adopt, rules for the use of clean construction or demolition
10debris and uncontaminated soil as fill material at clean
11construction or demolition debris fill operations. The rules
12must include standards and procedures necessary to protect
13groundwater, which may include, but shall not be limited to,
14the following: requirements regarding testing and
15certification of soil used as fill material, surface water
16runoff, liners or other protective barriers, monitoring
17(including, but not limited to, groundwater monitoring),
18corrective action, recordkeeping, reporting, closure and
19post-closure care, financial assurance, post-closure land use
20controls, location standards, and the modification of existing
21permits to conform to the requirements of this Act and Board
22rules. The rules may also include limits on the use of
23recyclable concrete and asphalt as fill material at clean
24construction or demolition debris fill operations, taking into
25account factors such as technical feasibility, economic
26reasonableness, and the availability of markets for such

 

 

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1materials.
2    (2) Until the effective date of the Board rules adopted
3under subdivision (f)(1) of this Section, and in addition to
4any other requirements, owners and operators of clean
5construction or demolition debris fill operations must do all
6of the following in subdivisions (f)(2)(A) through (f)(2)(D) of
7this Section for all clean construction or demolition debris
8and uncontaminated soil accepted for use as fill material. The
9requirements in subdivisions (f)(2)(A) through (f)(2)(D) of
10this Section shall not limit any rules adopted by the Board.
11        (A) Document the following information for each load of
12    clean construction or demolition debris or uncontaminated
13    soil received: (i) the name of the hauler, the address of
14    the site of origin, and the owner and the operator of the
15    site of origin of the clean construction or demolition
16    debris or uncontaminated soil, (ii) the weight or volume of
17    the clean construction or demolition debris or
18    uncontaminated soil, and (iii) the date the clean
19    construction or demolition debris or uncontaminated soil
20    was received.
21        (B) For all soil, obtain either (i) a certification
22    from the owner or operator of the site from which the soil
23    was removed that the site has never been used for
24    commercial or industrial purposes and is presumed to be
25    uncontaminated soil or (ii) a certification from a licensed
26    Professional Engineer or licensed Professional Geologist

 

 

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1    that the soil is uncontaminated soil. Certifications
2    required under this subdivision (f)(2)(B) must be on forms
3    and in a format prescribed by the Agency.
4        (C) Confirm that the clean construction or demolition
5    debris or uncontaminated soil was not removed from a site
6    as part of a cleanup or removal of contaminants, including,
7    but not limited to, activities conducted under the
8    Comprehensive Environmental Response, Compensation, and
9    Liability Act of 1980, as amended; as part of a Closure or
10    Corrective Action under the Resource Conservation and
11    Recovery Act, as amended; or under an Agency remediation
12    program, such as the Leaking Underground Storage Tank
13    Program or Site Remediation Program, but excluding sites
14    subject to Section 58.16 of this Act where there is no
15    presence or likely presence of a release or a substantial
16    threat of a release of a regulated substance at, on, or
17    from the real property.
18        (D) Document all activities required under subdivision
19    (f)(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 clean construction or
2demolition debris fill operations must maintain all
3documentation required under subdivision (f)(2) of this
4Section for a minimum of 3 years following the receipt of each
5load of clean construction or demolition debris or
6uncontaminated soil, except that documentation relating to an
7appeal, litigation, or other disputed claim must be maintained
8until at least 3 years after the date of the final disposition
9of the appeal, litigation, or other disputed claim. Copies of
10the documentation must be made available to the Agency and to
11units of local government for inspection and copying during
12normal business hours. The Agency may prescribe forms and
13formats for the documentation required under subdivision
14(f)(2) of this Section.
15    Chemical analysis conducted under subdivision (f)(2) of
16this Section must be conducted in accordance with the
17requirements of 35 Ill. Adm. Code 742, as amended, and "Test
18Methods for Evaluating Solid Waste, Physical/Chemical
19Methods", USEPA Publication No. SW-846, as amended.
20    (g)(1) No person shall use soil other than uncontaminated
21soil as fill material at a clean construction or demolition
22debris fill operation.
23    (2) No person shall use construction or demolition debris
24other than clean construction or demolition debris as fill
25material at a clean construction or demolition debris fill
26operation.

 

 

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1(Source: P.A. 96-1416, eff. 7-30-10.)
 
2    (415 ILCS 5/22.51a)
3    Sec. 22.51a. Uncontaminated Soil Fill Operations.
4    (a) For purposes of this Section:
5        (1) The term "uncontaminated soil" shall have the same
6    meaning as uncontaminated soil under Section 3.160 of this
7    Act.
8        (2) The term "uncontaminated soil fill operation"
9    means a current or former quarry, mine, or other excavation
10    where uncontaminated soil is used as fill material, but
11    does not include a clean construction or demolition debris
12    fill operation.
13    (b) No person shall use soil other than uncontaminated soil
14as fill material at an uncontaminated soil fill operation.
15    (c) Owners and operators of uncontaminated soil fill
16operations must register the fill operations with the Agency.
17Uncontaminated soil fill operations that received
18uncontaminated soil prior to the effective date of this
19amendatory Act of the 96th General Assembly must be registered
20with the Agency no later than March 31, 2011. Uncontaminated
21soil fill operations that first receive uncontaminated soil on
22or after the effective date of this amendatory Act of the 96th
23General Assembly must be registered with the Agency prior to
24the receipt of any uncontaminated soil. Registrations must be
25submitted on forms and in a format prescribed by the Agency.

 

 

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1    (d)(1) No later than one year after the effective date of
2this amendatory Act of the 96th General Assembly, the Agency
3shall propose to the Board, and, no later than one year after
4the Board's receipt of the Agency's proposal, the Board shall
5adopt, rules for the use of uncontaminated soil as fill
6material at uncontaminated soil fill operations. The rules must
7include standards and procedures necessary to protect
8groundwater, which shall include, but shall not be limited to,
9testing and certification of soil used as fill material and
10requirements for recordkeeping.
11    (2) Until the effective date of the Board rules adopted
12under subdivision (d)(1) of this Section, owners and operators
13of uncontaminated soil fill operations must do all of the
14following in subdivisions (d)(2)(A) through (d)(2)(F) of this
15Section for all uncontaminated soil accepted for use as fill
16material. The requirements in subdivisions (d)(2)(A) through
17(d)(2)(F) of this Section shall not limit any rules adopted by
18the Board.
19        (A) Document the following information for each load of
20    uncontaminated soil received: (i) the name of the hauler,
21    the address of the site of origin, and the owner and the
22    operator of the site of origin of the uncontaminated soil,
23    (ii) the weight or volume of the uncontaminated soil, and
24    (iii) the date the uncontaminated soil was received.
25        (B) Obtain either (i) a certification from the owner or
26    operator of the site from which the soil was removed that

 

 

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1    the site has never been used for commercial or industrial
2    purposes and is presumed to be uncontaminated soil or (ii)
3    a certification from a licensed Professional Engineer or a
4    licensed Professional Geologist that the soil is
5    uncontaminated soil. Certifications required under this
6    subdivision (d)(2)(B) must be on forms and in a format
7    prescribed by the Agency.
8        (C) Confirm that the uncontaminated soil was not
9    removed from a site as part of a cleanup or removal of
10    contaminants, including, but not limited to, activities
11    conducted under the Comprehensive Environmental Response,
12    Compensation, and Liability Act of 1980, as amended; as
13    part of a Closure or Corrective Action under the Resource
14    Conservation and Recovery Act, as amended; or under an
15    Agency remediation program, such as the Leaking
16    Underground Storage Tank Program or Site Remediation
17    Program, but excluding sites subject to Section 58.16 of
18    this Act where there is no presence or likely presence of a
19    release or a substantial threat of a release of a regulated
20    substance at, on, or from the real property.
21        (D) Visually inspect each load to confirm that only
22    uncontaminated soil is being accepted for use as fill
23    material.
24        (E) Screen each load of uncontaminated soil using a
25    device that is approved by the Agency and detects volatile
26    organic compounds. Such a device may include, but is not

 

 

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

 

 

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1Section.
2    Chemical analysis conducted under subdivision (d)(2) of
3this Section must be conducted in accordance with the
4requirements of 35 Ill. Adm. Code 742, as amended, and "Test
5Methods for Evaluating Solid Waste, Physical/Chemical
6Methods", USEPA Publication No. SW-846, as amended.
7(Source: P.A. 96-1416, eff. 7-30-10.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".