Sen. David Koehler

Filed: 3/14/2011

 

 


 

 


 
09700SB1543sam002LRB097 09942 JDS 52768 a

1
AMENDMENT TO SENATE BILL 1543

2    AMENDMENT NO. ______. Amend Senate Bill 1543 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Sections 3.160 and 22.54 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; asphalt roofing shingles
16and other roof coverings; reclaimed or other asphalt pavement;

 

 

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1glass; plastics that are not sealed in a manner that conceals
2waste; electrical wiring and components containing no
3hazardous substances; and corrugated cardboard, piping or
4metals incidental 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    the Board may consider allowing benzo(a)pyrene up to the
2    applicable background concentration set forth in Table H of
3    Appendix A of 35 Ill. Adm. Code 742 in soil used as fill
4    material in a current or former quarry, mine, or other
5    excavation in accordance with Section 22.51 or 22.51a of
6    this Act and rules adopted under those Sections, so long as
7    the applicable background concentration is based upon the
8    location of the quarry, mine, or other excavation.
9        (2) To the extent allowed under federal law and
10    regulations, uncontaminated soil shall not be considered a
11    waste.
12(Source: P.A. 95-121, eff. 8-13-07; 96-235, eff. 8-11-09;
1396-1416, eff. 7-30-10.)
 
14    (415 ILCS 5/22.54)
15    Sec. 22.54. Beneficial Use Determinations. The purpose of
16this Section is to allow the Agency to determine that a
17material otherwise required to be managed as waste may be
18managed as non-waste if that material is used beneficially and
19in a manner that is protective of human health and the
20environment.
21    (a) To the extent allowed by federal law, the Agency may,
22upon the request of an applicant, make a written determination
23that a material is used beneficially (rather than discarded)
24and, therefore, not a waste if the applicant demonstrates all
25of the following:

 

 

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1        (1) The chemical and physical properties of the
2    material are comparable to similar commercially available
3    materials.
4        (2) The market demand for the material is such that all
5    of the following requirements are met:
6            (A) The material will be used within a reasonable
7        time.
8            (B) The material's storage prior to use will be
9        minimized.
10            (C) The material will not be abandoned.
11        (3) The material is legitimately beneficially used.
12    For the purposes of this item (3) of subsection (a) of this
13    Section, a material is "legitimately beneficially used" if
14    the applicant demonstrates all of the following:
15            (A) The material is managed separately from waste,
16        as a valuable material, and in a manner that maintains
17        its beneficial usefulness, including, but not limited
18        to, storing in a manner that minimizes the material's
19        loss and maintains its beneficial usefulness.
20            (B) The material is used as an effective substitute
21        for a similar commercially available material. For the
22        purposes of this paragraph (B) of item (3) of
23        subsection (a) of this Section, a material is "used as
24        an effective substitute for a commercially available
25        material" if the applicant demonstrates one or more of
26        the following:

 

 

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1                (i) The material is used as a valuable raw
2            material or ingredient to produce a legitimate end
3            product.
4                (ii) The material is used directly as a
5            legitimate end product in place of a similar
6            commercially available product.
7                (iii) The material replaces a catalyst or
8            carrier to produce a legitimate end product.
9            The applicant's demonstration under this paragraph
10        (B) of item (3) of subsection (a) of this Section must
11        include, but is not limited to, a description of the
12        use of the material, a description of the use of the
13        legitimate end product, and a demonstration that the
14        use of the material is comparable to the use of similar
15        commercially available products.
16            (C) The applicant demonstrates all of the
17        following:
18                (i) The material is used under paragraph (B) of
19            item (3) of subsection (a) of this Section within a
20            reasonable time.
21                (ii) The material's storage prior to use is
22            minimized.
23                (iii) The material is not abandoned.
24        (4) The management and use of the material will not
25    cause, threaten, or allow the release of any contaminant
26    into the environment, except as authorized by law.

 

 

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1        (5) The management and use of the material otherwise
2    protects human health and safety and the environment.
3    (b) Applications for beneficial use determinations must be
4submitted on forms and in a format prescribed by the Agency.
5Agency approval, approval with conditions, or disapproval of an
6application for a beneficial use determination must be in
7writing. Approvals with conditions and disapprovals of
8applications for a beneficial use determination must include
9the Agency's reasons for the conditions or disapproval, and
10they are subject to review under Section 40 of this Act.
11    (c) Beneficial use determinations shall be effective for a
12period approved by the Agency, but that period may not exceed 5
13years. Material that is beneficially used (i) in accordance
14with a beneficial use determination, (ii) during the effective
15period of the beneficial use determination, and (iii) by the
16recipient of a beneficial use determination shall maintain its
17non-waste status after the effective period of the beneficial
18use determination unless its use no longer complies with the
19terms of the beneficial use determination or the material
20otherwise becomes waste.
21    (d) No recipient of a beneficial use determination shall
22manage or use the material that is the subject of the
23determination in violation of the determination or any
24conditions in the determination, unless the material is managed
25as waste.
26    (e) A beneficial use determination shall terminate by

 

 

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1operation of law if, due to a change in law, it conflicts with
2the law; however, the recipient of the determination may apply
3for a new beneficial use determination that is consistent with
4the law as amended.
5    (f) This Section does not apply to hazardous waste, coal
6combustion waste, coal combustion by-product, sludge applied
7to the land, potentially infectious medical waste, or used oil.
8    (g) This Section does not apply to material that is burned
9for energy recovery, that is used to produce a fuel, or that is
10otherwise contained in a fuel.
11    (h) This Section does not apply to waste from the steel and
12foundry industries that is (i) classified as beneficially
13usable waste under Board rules and (ii) beneficially used in
14accordance with Board rules governing the management of
15beneficially usable waste from the steel and foundry
16industries. This Section does apply to other beneficial uses of
17waste from the steel and foundry industries, including, but not
18limited to, waste that is classified as beneficially usable
19waste but not used in accordance with the Board's rules
20governing the management of beneficially usable waste from the
21steel and foundry industries. No person shall use iron slags,
22steelmaking slags, or foundry sands for land reclamation
23purposes unless they have obtained a beneficial use
24determination for such use under this Section.
25    (i) For purposes of this Section, the term "commercially
26available material" means virgin material that (i) meets

 

 

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1industry standards for a specific use and (ii) is normally sold
2for such use. For purposes of this Section, the term
3"commercially available product" means a product made of virgin
4material that (i) meets industry standards for a specific use
5and (ii) is normally sold for such use.
6    (j) The owner or operator of a facility operating in
7accordance with Section 22.38 shall receive, for each ton of
8asphalt roofing shingles deposited on his or her behalf at a
9recycling facility approved by the Agency under this Section,
10credit for 2 tons of recyclable general construction debris,
11which may be applied toward the 75% diversion requirement under
12Section 22.38. The owners and operators of a facility operating
13in accordance with Section 22.38 are responsible for
14maintaining records that are generated by a recycling facility
15and that identify the tonnage of asphalt roofing shingles
16deposited at the facility. All records maintained pursuant to
17this Section shall be kept for a minimum of 3 years and shall
18be subject to inspection by the Agency upon reasonable request.
19(Source: P.A. 96-489, eff. 8-14-09.)
 
20    Section 10. The Illinois Highway Code is amended by adding
21Sections 4-221 and 4-222 as follows:
 
22    (605 ILCS 5/4-221 new)
23    Sec. 4-221. Mix designs. To the extent allowed by federal
24law, the Department specifications shall allow the use of

 

 

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1recycled asphalt roofing shingles received from facilities
2authorized to process asphalt roofing shingles for recycling
3into asphalt pavement in accordance with (i) permits issued
4pursuant to Section 39 of the Environmental Protection Act or
5(ii) beneficial use determinations issued pursuant to Section
622.54 of the Environmental Protection Act. In creating the mix
7designs used for construction and maintenance of State
8highways, it shall be the goal of the Department, through its
9specifications, to maximize the percentage of recycled asphalt
10roofing shingles and binder replacement and to maximize the use
11of recycled aggregates and other constituents in the mix.
 
12    (605 ILCS 5/4-222 new)
13    Sec. 4-222. Recycled asphalt roofing shingles; cost
14savings; prohibitions on use in asphalt paving.
15    (a) It shall be the goal of the Department, with regard to
16its asphalt paving projects and to the extent possible, to
17reduce the carbon footprint and reduce average costs by
18maximizing the percentage use of recycled materials or lowest
19cost alternative materials and extending the paving season so
20long as there is no detrimental impact on life-cycle costs. In
21furtherance of these goals, the Department shall provide to the
22Chairpersons of the Transportation Committee in each
23legislative chamber, within 60 days after the completion of
24each fiscal year, a written report of the activities initiated
25or abandoned in each district or region within the Department

 

 

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1to meet those goals during the previous year. The report shall
2also include an analysis of the cost savings directly or
3indirectly attributed to those activities within each district
4or region. Upon review of the annual report, the Transportation
5Committees in each chamber may conduct hearings and provide
6recommendations to the Department regarding the performance of
7each district or region.
8    (b) No producer of asphalt pavement, operating pursuant to
9an air permit issued by the Illinois Environmental Protection
10Agency, shall use recycled asphalt roofing shingles in its
11pavement product unless the shingles have been processed for
12recycling into asphalt pavement in accordance with (i) permits
13issued pursuant to subsection (d) of Section 21 of the
14Environmental Protection Act or (ii) beneficial use
15determinations issued pursuant to Section 22.54 of the
16Environmental Protection Act. The prohibition in this
17subsection (b) shall apply in addition to any other rules,
18specifications, or other requirements adopted by the
19Department regarding the use of asphalt roofing shingles in
20pavement product.".