SR0090LRB098 10483 JDS 40714 r

1
SENATE RESOLUTION

 
2    WHEREAS, The Illinois Environmental Protection Agency
3maintains jurisdiction over and has the authority to issue
4Beneficial Use Determinations regarding the recycling of
5asphalt roofing shingles in the State of Illinois; and
 
6    WHEREAS, In 2011, the Illinois Senate passed HB1326, now
7Public Act 97-0314, which authorized the Illinois Department of
8Transportation ("Department") to use recycled asphalt shingles
9in its hot mix asphalt projects; and
 
10    WHEREAS, The Department uses recycled asphalt shingles in
11its hot mix asphalt projects; and
 
12    WHEREAS, The Committee believes that it is necessary for
13the Department to develop a protocol to ensure that only
14responsible recyclers operating under appropriate permits
15issued by the Illinois Environmental Protection Agency are
16providing materials to the Department for its use; therefore,
17be it
 
18    RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL
19ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Department
20not to approve the production of hot mixes from recycled
21asphalt shingles, or to use recycled asphalt shingles from a

 

 

SR0090- 2 -LRB098 10483 JDS 40714 r

1recycler in its projects, until the Department has received
2from the Illinois Environmental Protection Agency verified
3information on behalf of the recycler and its principals
4regarding its history of ownership, operation, and
5environmental non-compliance in this State and any other; and
6be it further
 
7    RESOLVED, That we urge the Department to require the
8following verified information from the recycler: the names of
9the entity and its principals; the location of the recycling
10facility; the tax identification and social security numbers
11for the entity and its principals; a verification of prior
12ownership or operation of any recycling facility in this State
13or any other; an identification of any criminal conviction by
14the owners or operators of the facility; an identification of
15any conviction under a notice of violation or similar complaint
16based on environmental non-compliance in this State or any
17other by the owners or operators of the facility; a disclosure
18of any historical administrative or judicial determination
19associated with environmental non-compliance by the owners or
20operators of the facility; an identification of any pending
21administrative or judicial proceeding against the recycler or
22its principals; and be it further
 
23    RESOLVED, That we urge the Department to review all
24verified information from the Illinois Environmental

 

 

SR0090- 3 -LRB098 10483 JDS 40714 r

1Protection Agency and to make a determination regarding the
2propriety of the recycler's production of material for use in
3Department projects; provided that we further urge the
4Department not to approve any recycler that has a pending or
5unresolved environmental compliance action in this State or any
6other against it or any of its principals; and be it further
 
7    RESOLVED, That we urge the Department, on an annual basis,
8to obtain verification from the Illinois Environmental
9Protection Agency that each asphalt producer which used
10recycled asphalt shingles on Department projects during the
11previous calendar year did so in accordance with subsection (b)
12of Section 4-221 of the Illinois Highway Code; provided that we
13further urge the Department not to approve an asphalt producer
14for production in any calendar prior to receiving such
15verification from the Illinois Environmental Protection
16Agency.