Full Text of HB2264 96th General Assembly
HB2264 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2264
Introduced 2/18/2009, by Rep. Thomas Holbrook - Mike Fortner - Marlow H. Colvin SYNOPSIS AS INTRODUCED: |
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Amends the Environmental Protection Act. Provides that clean construction or demolition debris (CCDD), including general fill soil commingled with CCDD, is not waste if certain requirements are met. Provides that "general fill soil" is soil generated from construction or demolition activities and containing concentrations of chemicals at or below either certain Tiered Approach to Corrective Action Objective (TACO) Tier I exposure route values or, under certain circumstances, higher limits, such as acceptable detection limits or background concentrations. Provides that "restricted fill soil", including general fill soil commingled with restricted fill soil, is soil generated from construction or demolition activities that meets certain requirements. Makes changes to certain Sections of the Act concerning the use of CCDD. Requires the Illinois Environmental Protection Agency to issue permits for the use of CCDD and restricted fill soil as fill material. Provides that after January 1, 2010, a person may use CCDD and restricted fill soil as fill material, if certain requirements are met. Provides that the Agency may, without a permit, enter into intergovernmental agreements with units of State or local government to authorize the use of soil and CCDD. Provides for enforcement of certain CCDD-related violations by administrative citation. Provides civil penalties for certain violations. Makes other changes. Effective immediately.
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A BILL FOR
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HB2264 |
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LRB096 09571 JDS 19732 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Sections 3.160, 21, 22.51, 31.1, and 42 and by adding | 6 |
| Sections 3.202, 3.442, 22.51a, and 22.54 as follows:
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| (415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
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| Sec. 3.160. Construction or demolition debris.
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| (a) "General construction or demolition debris" means | 10 |
| non-hazardous,
uncontaminated materials resulting from the | 11 |
| construction, remodeling, repair,
and demolition of utilities, | 12 |
| structures, and roads, limited to the following:
bricks, | 13 |
| concrete, and other masonry materials; soil; rock; wood, | 14 |
| including
non-hazardous painted, treated, and coated wood and | 15 |
| wood products; wall
coverings; plaster; drywall; plumbing | 16 |
| fixtures; non-asbestos insulation;
roofing shingles and other | 17 |
| roof coverings; reclaimed or other asphalt pavement; glass;
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| plastics that are not sealed in a manner that conceals waste; | 19 |
| electrical
wiring and components containing no hazardous | 20 |
| substances; and piping or metals
incidental to any of those | 21 |
| materials.
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| General construction or demolition debris does not include | 23 |
| general fill uncontaminated
soil generated during |
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| construction, remodeling, repair, and demolition of
utilities, | 2 |
| structures, and roads provided the general fill uncontaminated | 3 |
| soil is not
commingled with any general construction or | 4 |
| demolition debris or other waste.
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| To the extent allowed by federal law, uncontaminated | 6 |
| concrete with protruding rebar shall be considered clean | 7 |
| construction or demolition debris and shall not be considered | 8 |
| "waste" if it is separated or processed and returned to the | 9 |
| economic mainstream in the form of raw materials or products | 10 |
| within 4 years of its generation, if it is not speculatively | 11 |
| accumulated and, if used as a fill material, it is used in | 12 |
| accordance with item (i) in subsection (b) of this Section.
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| (b) "Clean construction or demolition debris" ("CCDD") | 14 |
| means
uncontaminated broken concrete without protruding metal | 15 |
| bars, bricks, rock,
stone, or reclaimed or other asphalt | 16 |
| pavement (i) that is , or soil generated from construction or
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| demolition activities , and (ii) except as provided in | 18 |
| subsection (d) of Section 22.51 of this Act, does not contain | 19 |
| paint; however, clean construction or demolition debris | 20 |
| generated from the construction or demolition of a road may | 21 |
| contain pavement markings that conform to Illinois Department | 22 |
| of Transportation specifications .
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| CCDD also includes general fill soil generated from | 24 |
| construction or demolition activities that is mixed with broken | 25 |
| concrete without protruding metal bars, bricks, rock, stone, or | 26 |
| reclaimed asphalt pavement that is CCDD. CCDD Clean |
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| construction or demolition debris does not include general fill | 2 |
| uncontaminated soil
generated during construction, remodeling, | 3 |
| repair, and demolition of utilities,
structures, and roads that | 4 |
| provided the uncontaminated soil is not commingled with
any | 5 |
| CCDD clean construction or demolition debris or other waste.
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| To the extent allowed by federal law, CCDD clean | 7 |
| construction or demolition debris
shall not be considered | 8 |
| "waste" if it is (i) used as fill material outside of a setback | 9 |
| zone if (1) the fill is placed no higher than the
highest point | 10 |
| of elevation existing prior to the filling immediately adjacent
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| to the fill area, and (2) it is if covered by sufficient | 12 |
| general fill uncontaminated soil to
support vegetation within | 13 |
| 30 days of the completion of filling or if covered
by a road or | 14 |
| structure and, (3) if used as fill material in a current or | 15 |
| former quarry, mine, or other excavation, it is used in | 16 |
| accordance with the requirements of Sections 22.51 of this Act | 17 |
| and rules adopted thereunder , or (ii) separated or processed | 18 |
| and returned to the
economic mainstream in the form of raw | 19 |
| materials or products, if it is not
speculatively accumulated | 20 |
| and, if used as a fill material, it is used in
accordance with | 21 |
| item (i), or (iii) solely
broken concrete without protruding | 22 |
| metal bars used for erosion control, or
(iv) generated from the | 23 |
| construction or demolition of a building, road, or
other | 24 |
| structure and used to construct, on the site where the | 25 |
| construction or
demolition has taken place, a manmade
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| functional structure not to exceed 20 feet above the highest |
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| point of
elevation of the property immediately adjacent to the | 2 |
| new manmade functional
structure as that elevation existed | 3 |
| prior to the creation of that new
structure,
provided that the | 4 |
| structure shall be covered with sufficient soil
materials to | 5 |
| sustain vegetation or by a road or structure, and further
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| provided that no such structure shall be constructed within
a | 7 |
| home rule municipality with a population over 500,000 without | 8 |
| the consent
of the municipality.
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| For purposes of this subsection (b), reclaimed or other | 10 |
| asphalt pavement shall not be considered speculatively | 11 |
| accumulated if: (i) it is not commingled with any other clean | 12 |
| construction or demolition debris or any waste; (ii) it is | 13 |
| returned to the economic mainstream in the form of raw | 14 |
| materials or products within 4 years after its generation; | 15 |
| (iii) at least 25% of the total amount present at a site during | 16 |
| a calendar year is transported off of the site during the next | 17 |
| calendar year; and (iv) if used as a fill material, it is used | 18 |
| in accordance with item (i) of the second paragraph of this | 19 |
| subsection (b).
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| (Source: P.A. 94-272, eff. 7-19-05; 95-121, eff. 8-13-07.)
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| (415 ILCS 5/3.202 new) | 22 |
| Sec. 3.202. General Fill Soil. For purposes of Sections | 23 |
| 3.160, 21, and 22.51 of this Act, "General Fill Soil" means, to | 24 |
| the extent allowed by federal law, soil generated from | 25 |
| construction or demolition activities that (i) does not exceed |
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| the most stringent Tier 1 exposure route values adopted by the | 2 |
| Board pursuant to Title XVII of this Act, as amended, (ii) | 3 |
| based upon past and current land uses and reasonable inquiry, | 4 |
| is not known or suspected to contain a regulated substance or | 5 |
| pesticide for which a Tier 1 exposure route has not been | 6 |
| determined, and (iii) does not contain waste, broken concrete, | 7 |
| bricks, or asphalt. For purposes of this definition, the most | 8 |
| stringent Tier 1 exposure route values adopted by the Board | 9 |
| pursuant to Title XVII of this Act shall be determined as | 10 |
| follows: | 11 |
| (a) Except as otherwise provided in subsections (b) | 12 |
| through (d) of this Section, the most stringent Tier 1 | 13 |
| exposure route values are the lowest of the following | 14 |
| values for each chemical listed in 35 Ill. Adm. Code 742, | 15 |
| Appendix B, as amended: | 16 |
| (1) The Ingestion Exposure Route-Specific Value | 17 |
| for Soils listed in Table A of 35 Ill. Adm. Code 742, | 18 |
| Appendix B; | 19 |
| (2) The Inhalation Exposure Route-Specific Value | 20 |
| for Soils listed in Table A of 35 Ill. Adm. Code 742, | 21 |
| Appendix B; | 22 |
| (3) The Class I Soil Component of the Groundwater | 23 |
| Ingestion Exposure Route Value listed in Table A of 35 | 24 |
| Ill. Adm. Code 742, Appendix B; | 25 |
| (4) The Construction Worker Ingestion Exposure | 26 |
| Route-Specific Value for Soils listed in Table B of 35 |
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| Ill. Adm. Code 742, Appendix B; | 2 |
| (5) The Construction Worker Inhalation Exposure | 3 |
| Route-Specific Value for Soils listed in Table B of 35 | 4 |
| Ill. Adm. Code 742, Appendix B; and | 5 |
| (6) Indoor inhalation exposure route values | 6 |
| established by the Board in 35 Ill. Adm. Code 742. | 7 |
| Location and other designations, such as residential | 8 |
| and industrial/commercial designations, shall be ignored | 9 |
| when comparing the values identified in this subsection | 10 |
| (a). The lowest values shall be used regardless of | 11 |
| designation. | 12 |
| (b) For inorganic chemicals, either the leachable | 13 |
| value or the total value set forth below can be used as the | 14 |
| most stringent Tier 1 exposure route value. | 15 |
| (1) The leachable value for each inorganic | 16 |
| chemical is the Class I Soil Component of the | 17 |
| Groundwater Ingestion Exposure Route Value listed in | 18 |
| Table A of 35 Ill. Adm. Code 742, Appendix B, as | 19 |
| amended. | 20 |
| (2) The total value for each inorganic chemical is | 21 |
| the lowest of the following values, as amended: | 22 |
| (A) The Ingestion Exposure Route-Specific | 23 |
| Value for Soils listed in Table A of 35 Ill. Adm. | 24 |
| Code 742, Appendix B; | 25 |
| (B) The Inhalation Exposure Route-Specific | 26 |
| Value for Soils listed in Table A of 35 Ill. Adm. |
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| Code 742, Appendix B; | 2 |
| (C) The Construction Worker Ingestion Exposure | 3 |
| Route-Specific Value for Soils listed in Table B of | 4 |
| 35 Ill. Adm. Code 742, Appendix B; | 5 |
| (D) The Construction Worker Inhalation | 6 |
| Exposure Route-Specific Value for Soils listed in | 7 |
| Table B of 35 Ill. Adm. Code 742, Appendix B; | 8 |
| (E) The Class I pH Specific Soil Remediation | 9 |
| Objective listed in the column labeled "pH of 6.25 | 10 |
| to 6.64" in Table C of 35 Ill. Adm. Code 742, | 11 |
| Appendix B, and; | 12 |
| (F) Indoor inhalation exposure route values | 13 |
| established by the Board in 35 Ill. Adm. Code 742. | 14 |
| Location and other designations, such as | 15 |
| residential or industrial/commercial designations, | 16 |
| shall be ignored when comparing the values identified | 17 |
| in this subdivision (b)(2) of this Section. The lowest | 18 |
| values shall be used for all soil regardless of its | 19 |
| designation. | 20 |
| (c) If a chemical's most stringent Tier 1 exposure | 21 |
| route value determined under subsections (a) and (b) of | 22 |
| this Section is less than the chemical's acceptable | 23 |
| detection limit (ADL) listed in 35 Ill. Adm. Code 742, | 24 |
| Appendix B, as amended, then the ADL shall serve as the | 25 |
| most stringent Tier 1 exposure route value. | 26 |
| (d) The following applies for soil used as fill |
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| material or cover material in Chicago, a Metropolitan Area, | 2 |
| or a Non-Metropolitan Area as defined in Table H of 35 Ill. | 3 |
| Adm. Code 742, Appendix A: | 4 |
| (1) If a chemical's most stringent Tier 1 exposure | 5 |
| route value determined under subsections (a) through | 6 |
| (c) of this Section is less than the chemical's lowest | 7 |
| background concentration listed in Table H of 35 Ill. | 8 |
| Adm. Code 742, Appendix A, as amended, then the | 9 |
| chemical's lowest background concentration listed in | 10 |
| Table H shall serve as the most stringent Tier 1 | 11 |
| exposure route value. | 12 |
| (2) For purposes of this subsection (d), the lowest | 13 |
| background concentration listed in Table H shall be | 14 |
| used, regardless of whether it is the background | 15 |
| concentration listed for Chicago, a Metropolitan Area, | 16 |
| or a Non-Metropolitan Area. | 17 |
| The most stringent Tier 1 exposure route values shall be | 18 |
| determined solely from the values listed in 35 Ill. Adm. Code | 19 |
| 742, Appendix A and Appendix B as provided above. Except as | 20 |
| provided in subsection (d) of this Section, background | 21 |
| concentrations cannot be used. Other provisions of the Board's | 22 |
| rules, such as those pertaining to the use of engineered | 23 |
| barriers or institutional controls, cannot be used to exclude | 24 |
| or otherwise alter exposure routes or exposure route values for | 25 |
| purposes of determining the most stringent Tier 1 exposure | 26 |
| route. |
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| The Agency shall maintain on its website a list of the most | 2 |
| stringent Tier 1 exposure route values adopted by the Board | 3 |
| pursuant to Title XVII of this Act, as amended. | 4 |
| To the extent allowed by federal law, general fill soil is | 5 |
| not a waste. | 6 |
| (415 ILCS 5/3.442 new)
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| Sec. 3.442. Restricted Fill Soil. For purposes of Section | 8 |
| 22.51 of this Act, "restricted fill soil" means soil generated | 9 |
| from construction or demolition activities that (i) does not | 10 |
| exceed the Class I Soil Component of the Groundwater Ingestion | 11 |
| Exposure Route Values listed in Table A of 35 Ill. Adm. Code | 12 |
| 742, Appendix B, as amended, (ii) based upon past and current | 13 |
| land uses and reasonable inquiry, is not known or suspected to | 14 |
| contain a regulated substance or pesticide that does not have a | 15 |
| Class I Soil Component of the Groundwater Ingestion Exposure | 16 |
| Route Value listed in Table A of 35 Ill. Adm. Code 742, | 17 |
| Appendix B, as amended, and (iii) does not contain waste. | 18 |
| General fill soil that is mixed with restricted fill soil shall | 19 |
| be considered restricted fill soil.
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| (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
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| Sec. 21. Prohibited acts. No person shall:
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| (a) Cause or allow the open dumping of any waste.
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| (b) Abandon, dump, or deposit any waste upon the public | 24 |
| highways or
other public property, except in a sanitary |
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| landfill approved by the
Agency pursuant to regulations adopted | 2 |
| by the Board.
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| (c) Abandon any vehicle in violation of the "Abandoned | 4 |
| Vehicles
Amendment to the Illinois Vehicle Code", as enacted by | 5 |
| the 76th General
Assembly.
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| (d) Conduct any waste-storage, waste-treatment, or | 7 |
| waste-disposal
operation:
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| (1) without a permit granted by the Agency or in | 9 |
| violation of any
conditions imposed by such permit, | 10 |
| including periodic reports and full
access to adequate | 11 |
| records and the inspection of facilities, as may be
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| necessary to assure compliance with this Act and with | 13 |
| regulations and
standards adopted thereunder; provided, | 14 |
| however, that, except for municipal
solid waste landfill | 15 |
| units that receive waste on or after October 9, 1993,
no | 16 |
| permit shall be
required for (i) any person conducting a | 17 |
| waste-storage, waste-treatment, or
waste-disposal | 18 |
| operation for wastes generated by such person's own
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| activities which are stored, treated, or disposed within | 20 |
| the site where
such wastes are generated, or (ii)
a | 21 |
| facility located in a county with a
population over 700,000 | 22 |
| as of January 1, 2000, operated and located in accordance | 23 |
| with
Section 22.38 of this Act, and used exclusively for | 24 |
| the transfer, storage, or
treatment of general | 25 |
| construction or demolition debris;
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| (2) in violation of any regulations or standards |
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| adopted by the
Board under this Act; or
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| (3) which receives waste after August 31, 1988, does | 3 |
| not have a permit
issued by the Agency, and is (i) a | 4 |
| landfill used exclusively for the
disposal of waste | 5 |
| generated at the site, (ii) a surface impoundment
receiving | 6 |
| special waste not listed in an NPDES permit, (iii) a waste | 7 |
| pile
in which the total volume of waste is greater than 100 | 8 |
| cubic yards or the
waste is stored for over one year, or | 9 |
| (iv) a land treatment facility
receiving special waste | 10 |
| generated at the site; without giving notice of the
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| operation to the Agency by January 1, 1989, or 30 days | 12 |
| after the date on
which the operation commences, whichever | 13 |
| is later, and every 3 years
thereafter. The form for such | 14 |
| notification shall be specified by the
Agency, and shall be | 15 |
| limited to information regarding: the name and address
of | 16 |
| the location of the operation; the type of operation; the | 17 |
| types and
amounts of waste stored, treated or disposed of | 18 |
| on an annual basis; the
remaining capacity of the | 19 |
| operation; and the remaining expected life of
the | 20 |
| operation.
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| Item (3) of this subsection (d) shall not apply to any | 22 |
| person
engaged in agricultural activity who is disposing of a | 23 |
| substance that
constitutes solid waste, if the substance was | 24 |
| acquired for use by that
person on his own property, and the | 25 |
| substance is disposed of on his own
property in accordance with | 26 |
| regulations or standards adopted by the Board.
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| This subsection (d) shall not apply to hazardous waste.
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| (e) Dispose, treat, store or abandon any waste, or | 3 |
| transport any waste
into this State for disposal, treatment, | 4 |
| storage or abandonment, except at
a site or facility which | 5 |
| meets the requirements of this Act and of
regulations and | 6 |
| standards thereunder.
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| (f) Conduct any hazardous waste-storage, hazardous | 8 |
| waste-treatment or
hazardous waste-disposal operation:
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| (1) without a RCRA permit for the site issued by the | 10 |
| Agency under
subsection (d) of Section 39 of this Act, or | 11 |
| in violation of any condition
imposed by such permit, | 12 |
| including periodic reports and full access to
adequate | 13 |
| records and the inspection of facilities, as may be | 14 |
| necessary to
assure compliance with this Act and with | 15 |
| regulations and standards adopted
thereunder; or
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| (2) in violation of any regulations or standards | 17 |
| adopted by the Board
under this Act; or
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| (3) in violation of any RCRA permit filing requirement | 19 |
| established under
standards adopted by the Board under this | 20 |
| Act; or
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| (4) in violation of any order adopted by the Board | 22 |
| under this Act.
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| Notwithstanding the above, no RCRA permit shall be required | 24 |
| under this
subsection or subsection (d) of Section 39 of this | 25 |
| Act for any
person engaged in agricultural activity who is | 26 |
| disposing of a substance
which has been identified as a |
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| hazardous waste, and which has been
designated by Board | 2 |
| regulations as being subject to this exception, if the
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| substance was acquired for use by that person on his own | 4 |
| property and the
substance is disposed of on his own property | 5 |
| in accordance with regulations
or standards adopted by the | 6 |
| Board.
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| (g) Conduct any hazardous waste-transportation operation:
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| (1) without registering with and obtaining a permit | 9 |
| from the Agency in
accordance with the Uniform Program | 10 |
| implemented under subsection (l-5) of
Section 22.2; or
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| (2) in violation of any regulations or standards | 12 |
| adopted by
the
Board under this Act.
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| (h) Conduct any hazardous waste-recycling or hazardous | 14 |
| waste-reclamation
or hazardous waste-reuse operation in | 15 |
| violation of any regulations, standards
or permit requirements | 16 |
| adopted by the Board under this Act.
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| (i) Conduct any process or engage in any act which produces | 18 |
| hazardous
waste in violation of any regulations or standards | 19 |
| adopted by the Board
under subsections (a) and (c) of Section | 20 |
| 22.4 of this Act.
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| (j) Conduct any special waste transportation operation in | 22 |
| violation
of any regulations, standards or permit requirements | 23 |
| adopted by the Board
under this Act. However, sludge from a | 24 |
| water or sewage treatment plant
owned and operated by a unit of | 25 |
| local government which (1) is subject to a
sludge management | 26 |
| plan approved by the Agency or a permit granted by the
Agency, |
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| and (2) has been tested and determined not to be a hazardous | 2 |
| waste
as required by applicable State and federal laws and | 3 |
| regulations, may be
transported in this State without a special | 4 |
| waste hauling permit, and the
preparation and carrying of a | 5 |
| manifest shall not be required for such
sludge under the rules | 6 |
| of the Pollution Control Board. The unit of local
government | 7 |
| which operates the treatment plant producing such sludge shall
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| file a semiannual report with the Agency identifying the volume | 9 |
| of such
sludge transported during the reporting period, the | 10 |
| hauler of the sludge,
and the disposal sites to which it was | 11 |
| transported. This subsection (j)
shall not apply to hazardous | 12 |
| waste.
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| (k) Fail or refuse to pay any fee imposed under this Act.
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| (l) Locate a hazardous waste disposal site above an active | 15 |
| or
inactive shaft or tunneled mine or within 2 miles of an | 16 |
| active fault in
the earth's crust. In counties of population | 17 |
| less than 225,000 no
hazardous waste disposal site shall be | 18 |
| located (1) within 1 1/2 miles of
the corporate limits as | 19 |
| defined on June 30, 1978, of any municipality
without the | 20 |
| approval of the governing body of the municipality in an
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| official action; or (2) within 1000 feet of an existing private | 22 |
| well or
the existing source of a public water supply measured | 23 |
| from the boundary
of the actual active permitted site and | 24 |
| excluding existing private wells
on the property of the permit | 25 |
| applicant. The provisions of this
subsection do not apply to | 26 |
| publicly-owned sewage works or the disposal
or utilization of |
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| sludge from publicly-owned sewage works.
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| (m) Transfer interest in any land which has been used as a
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| hazardous waste disposal site without written notification to | 4 |
| the Agency
of the transfer and to the transferee of the | 5 |
| conditions imposed by the Agency
upon its use under subsection | 6 |
| (g) of Section 39.
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| (n) Use any land which has been used as a hazardous waste
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| disposal site except in compliance with conditions imposed by | 9 |
| the Agency
under subsection (g) of Section 39.
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| (o) Conduct a sanitary landfill operation which is required | 11 |
| to have a
permit under subsection (d) of this Section, in a | 12 |
| manner which results in
any of the following conditions:
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| (1) refuse in standing or flowing waters;
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| (2) leachate flows entering waters of the State;
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| (3) leachate flows exiting the landfill confines (as | 16 |
| determined by the
boundaries established for the landfill | 17 |
| by a permit issued by the Agency);
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| (4) open burning of refuse in violation of Section 9 of | 19 |
| this Act;
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| (5) uncovered refuse remaining from any previous | 21 |
| operating day or at the
conclusion of any operating day, | 22 |
| unless authorized by permit;
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| (6) failure to provide final cover within time limits | 24 |
| established by
Board regulations;
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| (7) acceptance of wastes without necessary permits;
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| (8) scavenging as defined by Board regulations;
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| (9) deposition of refuse in any unpermitted portion of | 2 |
| the landfill;
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| (10) acceptance of a special waste without a required | 4 |
| manifest;
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| (11) failure to submit reports required by permits or | 6 |
| Board regulations;
| 7 |
| (12) failure to collect and contain litter from the | 8 |
| site by the end of
each operating day;
| 9 |
| (13) failure to submit any cost estimate for the site | 10 |
| or any performance
bond or other security for the site as | 11 |
| required by this Act or Board rules.
| 12 |
| The prohibitions specified in this subsection (o) shall be | 13 |
| enforceable by
the Agency either by administrative citation | 14 |
| under Section 31.1 of this Act
or as otherwise provided by this | 15 |
| Act. The specific prohibitions in this
subsection do not limit | 16 |
| the power of the Board to establish regulations
or standards | 17 |
| applicable to sanitary landfills.
| 18 |
| (p) In violation of subdivision (a) of this Section, cause | 19 |
| or allow the
open dumping of any waste in a manner which | 20 |
| results in any of the following
occurrences at the dump site:
| 21 |
| (1) litter;
| 22 |
| (2) scavenging;
| 23 |
| (3) open burning;
| 24 |
| (4) deposition of waste in standing or flowing waters;
| 25 |
| (5) proliferation of disease vectors;
| 26 |
| (6) standing or flowing liquid discharge from the dump |
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| site;
| 2 |
| (7) deposition of:
| 3 |
| (i) general construction or demolition debris as | 4 |
| defined in Section
3.160(a) of this Act; or
| 5 |
| (ii) clean construction or demolition debris as | 6 |
| defined in Section
3.160(b) of this Act.
| 7 |
| The prohibitions specified in this subsection (p) shall be
| 8 |
| enforceable by the Agency either by administrative citation | 9 |
| under Section
31.1 of this Act or as otherwise provided by this | 10 |
| Act. The specific
prohibitions in this subsection do not limit | 11 |
| the power of the Board to
establish regulations or standards | 12 |
| applicable to open dumping.
| 13 |
| (q) Conduct a landscape waste composting operation without | 14 |
| an Agency
permit, provided, however, that no permit shall be | 15 |
| required for any person:
| 16 |
| (1) conducting a landscape waste composting operation | 17 |
| for landscape
wastes generated by such person's own | 18 |
| activities which are stored, treated
or disposed of within | 19 |
| the site where such wastes are generated; or
| 20 |
| (2) applying landscape waste or composted landscape | 21 |
| waste at agronomic
rates; or
| 22 |
| (3) operating a landscape waste composting facility on | 23 |
| a farm, if the
facility meets all of the following | 24 |
| criteria:
| 25 |
| (A) the composting facility is operated by the | 26 |
| farmer on property on
which the composting material is |
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| utilized, and the composting facility
constitutes no | 2 |
| more than 2% of the property's total acreage, except | 3 |
| that
the Agency may allow a higher percentage for | 4 |
| individual sites where the owner
or operator has | 5 |
| demonstrated to the Agency that the site's soil
| 6 |
| characteristics or crop needs require a higher rate;
| 7 |
| (B) the property on which the composting facility | 8 |
| is located, and any
associated property on which the | 9 |
| compost is used, is principally and
diligently devoted | 10 |
| to the production of agricultural crops and
is not | 11 |
| owned, leased or otherwise controlled by any waste | 12 |
| hauler
or generator of nonagricultural compost | 13 |
| materials, and the operator of the
composting facility | 14 |
| is not an employee, partner, shareholder, or in any way
| 15 |
| connected with or controlled by any such waste hauler | 16 |
| or generator;
| 17 |
| (C) all compost generated by the composting | 18 |
| facility is applied at
agronomic rates and used as | 19 |
| mulch, fertilizer or soil conditioner on land
actually | 20 |
| farmed by the person operating the composting | 21 |
| facility, and the
finished compost is not stored at the | 22 |
| composting site for a period longer
than 18 months | 23 |
| prior to its application as mulch, fertilizer, or soil | 24 |
| conditioner;
| 25 |
| (D) the owner or operator, by January 1, 1990 (or | 26 |
| the January 1
following commencement of operation, |
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| whichever is later) and January 1 of
each year | 2 |
| thereafter, (i) registers the site with the Agency, | 3 |
| (ii) reports
to the Agency on the volume of composting | 4 |
| material received and used at the
site, (iii) certifies | 5 |
| to the Agency that the site complies with the
| 6 |
| requirements set forth in subparagraphs (A), (B) and | 7 |
| (C) of this paragraph
(q)(3), and (iv) certifies to the | 8 |
| Agency that all composting material was
placed more | 9 |
| than 200 feet from the nearest potable water supply | 10 |
| well, was
placed outside the boundary of the 10-year | 11 |
| floodplain or on a part of the
site that is | 12 |
| floodproofed, was placed at least 1/4 mile from the | 13 |
| nearest
residence (other than a residence located on | 14 |
| the same property as the
facility) and there are not | 15 |
| more than 10 occupied non-farm residences
within 1/2 | 16 |
| mile of the boundaries of the site on the date of | 17 |
| application,
and was placed more than 5 feet above the | 18 |
| water table.
| 19 |
| For the purposes of this subsection (q), "agronomic rates" | 20 |
| means the
application of not more than 20 tons per acre per | 21 |
| year, except that the
Agency may allow a higher rate for | 22 |
| individual sites where the owner or
operator has demonstrated | 23 |
| to the Agency that the site's soil
characteristics or crop | 24 |
| needs require a higher rate.
| 25 |
| (r) Cause or allow the storage or disposal of coal | 26 |
| combustion
waste unless:
|
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| (1) such waste is stored or disposed of at a site or
| 2 |
| facility for which
a permit has been obtained or is not | 3 |
| otherwise required under subsection
(d) of this Section; or
| 4 |
| (2) such waste is stored or disposed of as a part of
| 5 |
| the design and
reclamation of a site or facility which is | 6 |
| an abandoned mine site in
accordance with the Abandoned | 7 |
| Mined Lands and Water Reclamation Act; or
| 8 |
| (3) such waste is stored or disposed of at a site or
| 9 |
| facility which is
operating under NPDES and Subtitle D | 10 |
| permits issued by the Agency pursuant
to regulations | 11 |
| adopted by the Board for mine-related water pollution and
| 12 |
| permits issued pursuant to the Federal Surface Mining | 13 |
| Control and
Reclamation Act of 1977 (P.L. 95-87) or the | 14 |
| rules and regulations
thereunder or any law or rule or | 15 |
| regulation adopted by the State of
Illinois pursuant | 16 |
| thereto, and the owner or operator of the facility agrees
| 17 |
| to accept the waste; and either
| 18 |
| (i) such waste is stored or disposed of in | 19 |
| accordance
with requirements
applicable to refuse | 20 |
| disposal under regulations adopted by the Board for
| 21 |
| mine-related water pollution and pursuant to NPDES and | 22 |
| Subtitle D permits
issued by the Agency under such | 23 |
| regulations; or
| 24 |
| (ii) the owner or operator of the facility | 25 |
| demonstrates all of the
following to the Agency, and | 26 |
| the facility is operated in accordance with
the |
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| demonstration as approved by the Agency: (1) the | 2 |
| disposal area will be
covered in a manner that will | 3 |
| support continuous vegetation, (2) the
facility will | 4 |
| be adequately protected from wind and water erosion, | 5 |
| (3) the
pH will be maintained so as to prevent | 6 |
| excessive leaching of metal ions,
and (4) adequate | 7 |
| containment or other measures will be provided to | 8 |
| protect
surface water and groundwater from | 9 |
| contamination at levels prohibited by
this Act, the | 10 |
| Illinois Groundwater Protection Act, or regulations | 11 |
| adopted
pursuant thereto.
| 12 |
| Notwithstanding any other provision of this Title, the | 13 |
| disposal of coal
combustion waste pursuant to item (2) or (3) | 14 |
| of this
subdivision (r) shall
be exempt from the other | 15 |
| provisions of this Title V, and notwithstanding
the provisions | 16 |
| of Title X of this Act, the Agency is authorized to grant
| 17 |
| experimental permits which include provision for the disposal | 18 |
| of
wastes from the combustion of coal and other materials | 19 |
| pursuant to items
(2) and (3) of this subdivision (r).
| 20 |
| (s) After April 1, 1989, offer for transportation, | 21 |
| transport, deliver,
receive or accept special waste for which a | 22 |
| manifest is required, unless
the manifest indicates that the | 23 |
| fee required under Section 22.8 of this
Act has been paid.
| 24 |
| (t) Cause or allow a lateral expansion of a municipal solid | 25 |
| waste landfill
unit on or after October 9, 1993, without a | 26 |
| permit modification, granted by the
Agency, that authorizes the |
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| lateral expansion.
| 2 |
| (u) Conduct any vegetable by-product treatment, storage, | 3 |
| disposal or
transportation operation in violation of any | 4 |
| regulation, standards or permit
requirements adopted by the | 5 |
| Board under this Act. However, no permit shall be
required | 6 |
| under this Title V for the land application of vegetable | 7 |
| by-products
conducted pursuant to Agency permit issued under | 8 |
| Title III of this Act to
the generator of the vegetable | 9 |
| by-products. In addition, vegetable by-products
may be | 10 |
| transported in this State without a special waste hauling | 11 |
| permit, and
without the preparation and carrying of a manifest.
| 12 |
| (v) (Blank).
| 13 |
| (w) Conduct any generation, transportation, or recycling | 14 |
| of construction or
demolition debris, clean or general, or | 15 |
| general fill uncontaminated soil or restricted fill soil that | 16 |
| is generated during
construction, remodeling, repair, and | 17 |
| demolition of utilities, structures, and
roads that is not | 18 |
| commingled with any waste, without the maintenance of
| 19 |
| documentation identifying the hauler, generator, place of | 20 |
| origin of the debris
or soil, the weight or volume of the | 21 |
| debris or soil, and the location, owner,
and operator of the | 22 |
| facility where the debris or soil was transferred,
disposed, | 23 |
| recycled, or treated. This documentation must be maintained by | 24 |
| the
generator, transporter, or recycler for 3 years.
This | 25 |
| subsection (w) shall not apply to (1) a permitted pollution | 26 |
| control
facility that transfers or accepts construction or |
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| demolition debris,
clean or general, or general fill or | 2 |
| restricted fill uncontaminated soil for final disposal, | 3 |
| recycling, or
treatment, (2) a public utility (as that term is | 4 |
| defined in the Public
Utilities Act) or a municipal utility, | 5 |
| (3) the Illinois Department of
Transportation, or (4) a | 6 |
| municipality or a county highway department, with
the exception | 7 |
| of any municipality or county highway department located within | 8 |
| a
county having a population of over 3,000,000 inhabitants or | 9 |
| located in a county
that
is contiguous to a county having a | 10 |
| population of over 3,000,000 inhabitants , or (5) the Illinois | 11 |
| State Toll Highway Authority ;
but it shall apply to an entity | 12 |
| that contracts with a public utility, a
municipal utility, the | 13 |
| Illinois Department of Transportation, the Illinois State Toll | 14 |
| Highway Authority or a
municipality or a county highway | 15 |
| department.
The terms
"generation" and "recycling" as
used in | 16 |
| this subsection do not
apply to clean construction or | 17 |
| demolition debris
when (i) used as fill material below grade | 18 |
| outside of a setback zone
if covered by sufficient general fill | 19 |
| uncontaminated soil to support vegetation within 30
days of the | 20 |
| completion of filling or if covered by a road or structure, | 21 |
| (ii)
solely broken concrete without
protruding metal bars is | 22 |
| used for erosion control, or (iii) milled
asphalt or crushed | 23 |
| concrete is used as aggregate in construction of the
shoulder | 24 |
| of a roadway. The terms "generation" and "recycling", as used | 25 |
| in this
subsection, do not apply to general fill uncontaminated | 26 |
| soil
that is not commingled with any waste when (i) used as |
|
|
|
HB2264 |
- 24 - |
LRB096 09571 JDS 19732 b |
|
| 1 |
| fill material below
grade or contoured to grade, or (ii) used | 2 |
| at the site of generation.
| 3 |
| (Source: P.A. 93-179, eff. 7-11-03; 94-94, eff. 7-1-05.)
| 4 |
| (415 ILCS 5/22.51)
| 5 |
| Sec. 22.51. Clean Construction or Demolition Debris Fill | 6 |
| Operations. | 7 |
| This Section applies to persons using clean construction or | 8 |
| demolition debris as fill material in a current or former | 9 |
| quarry, mine, or other excavation. It also applies to persons | 10 |
| authorized under this Section to use restricted fill soil or | 11 |
| general fill soil as fill material in a current or former | 12 |
| quarry, mine, or other excavation. | 13 |
| (a) No person shall conduct any CCDD clean construction or | 14 |
| demolition debris fill operation in violation of this Act or | 15 |
| any regulations or standards adopted by the Board. | 16 |
| (b)(1)(A) Beginning July 19, 2005 30 days after the | 17 |
| effective date of this amendatory Act of the 94th General | 18 |
| Assembly but prior to January 1, 2010 July 1, 2008 , no person | 19 |
| shall use CCDD clean construction or demolition debris as fill | 20 |
| material in a current or former quarry, mine, or other | 21 |
| excavation, unless they have applied for an interim | 22 |
| authorization from the Agency for the CCDD clean construction | 23 |
| or demolition debris fill operation. | 24 |
| (B) The Agency shall approve an interim authorization upon | 25 |
| its receipt of a written application for the interim |
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| authorization that is signed by the site owner and the site | 2 |
| operator, or their duly authorized agent, and that contains the | 3 |
| following information: (i) the location of the site where the | 4 |
| CCDD clean construction or demolition debris fill operation is | 5 |
| taking place, (ii) the name and address of the site owner, | 6 |
| (iii) the name and address of the site operator, and (iv) the | 7 |
| types and amounts of CCDD clean construction or demolition | 8 |
| debris being used as fill material at the site. | 9 |
| (C) The Agency may deny an interim authorization if the | 10 |
| site owner or the site operator, or their duly authorized | 11 |
| agent, fails to provide to the Agency the information listed in | 12 |
| subsection (b)(1)(B) of
this Section. Any denial of an interim | 13 |
| authorization shall be subject to appeal to the Board in | 14 |
| accordance with the procedures of Section 40 of this Act. | 15 |
| (D) No person shall use CCDD clean construction or | 16 |
| demolition debris as fill material in a current or former | 17 |
| quarry, mine, or other excavation for which the Agency has | 18 |
| denied interim authorization under subsection (b)(1)(C) of | 19 |
| this Section. The Board may stay the prohibition of this | 20 |
| subsection (D) during the pendency of an appeal of the Agency's | 21 |
| denial of the interim authorization brought under subsection | 22 |
| (b)(1)(C) of this Section. | 23 |
| (2) Beginning September 1, 2006, owners and
operators of | 24 |
| CCDD clean construction or demolition debris fill operations | 25 |
| shall, in accordance with a schedule prescribed by the Agency, | 26 |
| submit to the Agency applications for the
permits required |
|
|
|
HB2264 |
- 26 - |
LRB096 09571 JDS 19732 b |
|
| 1 |
| under this Section. The Agency shall notify owners and | 2 |
| operators in writing of the due date for their permit | 3 |
| application. The due date shall be no less than 90 days after | 4 |
| the date of the Agency's written notification. Owners and | 5 |
| operators who do not receive a written notification from the | 6 |
| Agency by October 1, 2007, shall submit a permit application to | 7 |
| the Agency by January 1, 2008. The interim authorization of | 8 |
| owners and operators who fail to submit a permit application to | 9 |
| the Agency by the permit application's due date shall terminate | 10 |
| on (i) the due
date established by the Agency if the owner or | 11 |
| operator received a written notification from the Agency prior | 12 |
| to
October 1, 2007, or (ii) or January 1, 2008, if the owner or | 13 |
| operator did not receive a written notification from the Agency | 14 |
| by October 1, 2007. | 15 |
| (3) On and after January 1, 2010 July 1, 2008 , no person | 16 |
| shall use CCDD clean construction or demolition debris as fill | 17 |
| material in a current or former quarry, mine, or other | 18 |
| excavation (i) without a permit granted by the Agency for the | 19 |
| clean construction or demolition debris fill operation or in | 20 |
| violation of any conditions imposed by such permit, including | 21 |
| periodic reports and full access to adequate records and the | 22 |
| inspection of facilities, as may be necessary to assure | 23 |
| compliance with this Act and with Board regulations and | 24 |
| standards adopted under this Act ; or (ii) in violation of any | 25 |
| regulations or standards adopted by the Board under this Act . | 26 |
| (4) This subsection (b) does not apply to: |
|
|
|
HB2264 |
- 27 - |
LRB096 09571 JDS 19732 b |
|
| 1 |
| (A) the use of CCDD clean construction or demolition | 2 |
| debris as fill material in a current or former quarry, | 3 |
| mine, or other excavation located on the site where the | 4 |
| clean construction or demolition debris was generated; | 5 |
| (B) the use of CCDD clean construction or demolition | 6 |
| debris as fill material in an excavation other than a | 7 |
| current or former quarry or mine if this use complies with | 8 |
| Illinois Department of Transportation specifications; or
| 9 |
| (C) current or former quarries, mines, and other | 10 |
| excavations that do not use CCDD clean construction or | 11 |
| demolition debris as fill material.
| 12 |
| (c) In accordance with Title VII of this Act, the Board may | 13 |
| adopt regulations to promote the purposes of this Section. The | 14 |
| Agency shall consult with the mining and construction | 15 |
| industries during the development of any regulations to promote | 16 |
| the purposes of this Section. | 17 |
| (1) No later than December 15, 2005, the Agency shall | 18 |
| propose to the Board, and no later than September 1, 2006, | 19 |
| the Board shall adopt, regulations for the use of CCDD | 20 |
| clean construction or demolition debris as fill material in | 21 |
| current and former quarries, mines, and other excavations. | 22 |
| Such regulations shall include, but shall not be limited | 23 |
| to, standards for CCDD clean construction or demolition | 24 |
| debris fill operations and the submission and review of | 25 |
| permits required under this Section. | 26 |
| (2) Until the Board adopts rules under subsection |
|
|
|
HB2264 |
- 28 - |
LRB096 09571 JDS 19732 b |
|
| 1 |
| (c)(1) of this Section, all persons using clean | 2 |
| construction or
demolition debris as fill material in a | 3 |
| current or former quarry, mine, or other excavation shall: | 4 |
| (A) Assure that only CCDD clean construction or | 5 |
| demolition debris is being used as fill material by | 6 |
| screening each truckload of material received using a | 7 |
| device approved by the Agency that detects volatile | 8 |
| organic compounds. Such devices may include, but are | 9 |
| not limited to, photo ionization detectors. All | 10 |
| screening devices shall be operated and maintained in | 11 |
| accordance with manufacturer's specifications. | 12 |
| Unacceptable fill material shall be rejected from the | 13 |
| site; and | 14 |
| (B) Retain for a minimum of 3 years the following | 15 |
| information: | 16 |
| (i) The name of the hauler, the name of the | 17 |
| generator, and place of origin of the debris or | 18 |
| soil; | 19 |
| (ii) The approximate weight or volume of the | 20 |
| debris or soil; and | 21 |
| (iii) The date the debris or soil was received. | 22 |
| (d) To the extent allowed by federal law, the Agency shall, | 23 |
| in a permit or a permit modification granted under this | 24 |
| Section, and in accordance with Sections 39 and 40 of this Act, | 25 |
| authorize the use of restricted fill soil and clean | 26 |
| construction or demolition debris as fill material at a clean |
|
|
|
HB2264 |
- 29 - |
LRB096 09571 JDS 19732 b |
|
| 1 |
| construction or demolition debris fill operation if the | 2 |
| requirements of this subsection (d) are met. To the extent | 3 |
| allowed by federal law, restricted fill soil and painted clean | 4 |
| construction or demolition debris used as fill material in | 5 |
| accordance with the permit and this Section are not waste. | 6 |
| (1) Before restricted fill soil is used as fill | 7 |
| material at the clean construction or demolition debris | 8 |
| fill operation: (i) a land use restriction that restricts | 9 |
| property use to industrial or commercial uses must be | 10 |
| recorded in the chain of title for the property on which | 11 |
| the clean construction or demolition debris fill operation | 12 |
| is located and (ii) proof of the recording must be | 13 |
| submitted to the Agency. Upon closure of the clean | 14 |
| construction or demolition debris fill operation, the land | 15 |
| use restriction may be removed if the site is entered into | 16 |
| the Agency's Site Remediation Program and, pursuant to | 17 |
| procedures adopted by the Board, the site is demonstrated | 18 |
| to meet the Tier 1 residential remediation objectives | 19 |
| adopted by the Board pursuant to Title XVII of this Act. | 20 |
| (2) The owner or operator of the clean construction or | 21 |
| demolition debris fill operation must develop and | 22 |
| implement a closure and post-closure care plan that | 23 |
| includes, but is not limited to, covering all restricted | 24 |
| fill soil, clean construction or demolition debris, and | 25 |
| painted broken concrete without protruding metal bars, | 26 |
| bricks, rock, stone, or reclaimed asphalt pavement that is |
|
|
|
HB2264 |
- 30 - |
LRB096 09571 JDS 19732 b |
|
| 1 |
| generated from construction or demolition activities with | 2 |
| a minimum of 10 feet of general fill soil, or an engineered | 3 |
| barrier approved by the Agency in a permit granted under | 4 |
| this Section, within 60 days after completion of filling. | 5 |
| The closure and post-closure care plan shall also require | 6 |
| that any occupied buildings constructed on site shall have | 7 |
| appropriate indoor inhalation pathway barriers installed, | 8 |
| as approved by the Agency in accordance with Board rules. | 9 |
| (3) Painted clean construction or demolition debris | 10 |
| shall not be used as fill material unless chemical analysis | 11 |
| demonstrates that the paint does not exceed the most | 12 |
| stringent Tier 1 exposure route values adopted by the Board | 13 |
| pursuant to Title XVII of this Act as determined under | 14 |
| Section 3.508 of this Act. Chemical analysis is not | 15 |
| required for pavement markings that conform to Illinois | 16 |
| Department of Transportation specifications. | 17 |
| (4) The owner or operator of the CCDD fill operation | 18 |
| must develop and implement a Testing and Sampling Plan | 19 |
| which ensures that the restricted fill soil, when placed in | 20 |
| the fill site, will meet the standards relevant to Class I | 21 |
| Groundwater, found at 35 Ill. Adm. Code 741, Appendix B, | 22 |
| Table A. The Testing and Sampling Plan shall meet the | 23 |
| following requirements: | 24 |
| (i) Screening of placed soil with an X-ray | 25 |
| Fluorescence Spectroscopy instrument, in | 26 |
| accordance with procedures approved by the Agency |
|
|
|
HB2264 |
- 31 - |
LRB096 09571 JDS 19732 b |
|
| 1 |
| in the permit. The frequency of analysis shall not | 2 |
| be less than one X-ray Fluorescence Spectroscopy | 3 |
| reading for every 500 cubic yards of fill placed on | 4 |
| the site. Any area of fill where an X-ray | 5 |
| Fluorescence Spectroscopy reading indicates that | 6 |
| the fill may exceed restricted fill standards | 7 |
| requires laboratory testing for the full list of | 8 |
| TACO parameters. Soil that exceeds restricted fill | 9 |
| standards based on laboratory testing must be | 10 |
| removed and disposed of at a landfill. | 11 |
| (ii) Representative soil samples must also be | 12 |
| collected for every 2,500 cubic yards of soil | 13 |
| placed on site and tested for the full list of TACO | 14 |
| parameters. For collection and testing purposes, | 15 |
| random representative soil samples may be combined | 16 |
| into a composite sample and statistically | 17 |
| analyzed; however, no more than 5 aliquots may be | 18 |
| combined into a composite sample. Soil which | 19 |
| exceeds restricted fill standards must be removed | 20 |
| and disposed of at a landfill. | 21 |
| (iii) Testing and sampling in accordance with | 22 |
| the requirements of 35 Ill. Adm. Code 742 and "Test | 23 |
| Methods for Evaluating Solid Waste | 24 |
| Physical/Chemical Methods", USEPA Publication No. | 25 |
| SW-846, as amended. | 26 |
| (5) The owner or operator of the CCDD fill operation |
|
|
|
HB2264 |
- 32 - |
LRB096 09571 JDS 19732 b |
|
| 1 |
| must develop and implement a Receipt Control and Screening | 2 |
| Plan which shall meet all of the following requirements: | 3 |
| (i) Chemical analysis of paint demonstrating | 4 |
| that it does not exceed the most stringent Tier 1 | 5 |
| exposure route values adopted by the Board under | 6 |
| Title XVII of this Act. Chemical analysis is not | 7 |
| required for pavement markings that conform to | 8 |
| Illinois Department of Transportation | 9 |
| specifications. | 10 |
| (ii) A visual inspection of the material to | 11 |
| confirm that it does not contain material other | 12 |
| than restricted fill soil or clean construction or | 13 |
| demolition debris. | 14 |
| (iii) Screening of the soil with a photo | 15 |
| ionization detector or a flame ionization detector | 16 |
| to confirm that it is consistent with any chemical | 17 |
| analysis demonstrating that the soil is restricted | 18 |
| fill soil. | 19 |
| (iv) Confirmation that the soil was not | 20 |
| removed from a site as a part of the cleanup or | 21 |
| removal of contaminants, including but not limited | 22 |
| to activities conducted under the Comprehensive | 23 |
| Environmental Response, Compensation, and | 24 |
| Liability Act of 1980, as amended; RCRA Closure or | 25 |
| Corrective Action; or an Agency remediation | 26 |
| program, such as the Leaking Underground Storage |
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| Tank Program or Site Remediation Program, with the | 2 |
| exception of sites subject to Section 58.16 of this | 3 |
| Act. | 4 |
| (v) Documentation from the owner of the site | 5 |
| from which the soil was removed that the site had | 6 |
| never been developed for commercial or industrial | 7 |
| use; or a certification from a licensed | 8 |
| professional engineer that the soil meets | 9 |
| restricted fill standards. | 10 |
| (vi) Documenting the activities conducted | 11 |
| under the Receipt Control and Screening Plan. | 12 |
| Documentation of any chemical analysis performed | 13 |
| must include, but is not limited to, a copy of the | 14 |
| lab analysis on letterhead of the laboratory | 15 |
| conducting the analysis and signed by the person | 16 |
| that conducted the analysis and signed by his or | 17 |
| her supervisor. | 18 |
| (d) This Section applies only to clean construction or | 19 |
| demolition debris that is not considered "waste" as provided in | 20 |
| Section 3.160 of this Act. | 21 |
| (e) For purposes of this Section a clean construction or | 22 |
| demolition debris fill operation : | 23 |
| (1) The term "operator" means a person responsible for | 24 |
| the operation and maintenance of a CCDD clean construction | 25 |
| or demolition debris fill operation. | 26 |
| (2) The term "owner" means a person who has any direct |
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| or indirect interest in a CCDD clean construction or | 2 |
| demolition debris fill operation or in land on which a | 3 |
| person operates and maintains a CCDD clean construction or | 4 |
| demolition debris fill operation. A "direct or indirect | 5 |
| interest" does not include the ownership of publicly traded | 6 |
| stock. The "owner" is the "operator" if there is no other | 7 |
| person who is operating and maintaining a CCDD clean | 8 |
| construction or demolition debris fill operation.
| 9 |
| (3) The term "clean construction or demolition debris | 10 |
| fill operation" means a current or former quarry, mine, or | 11 |
| other excavation where clean construction or demolition | 12 |
| debris is used as fill material. | 13 |
| (4) The term "other excavation" does not include holes, | 14 |
| trenches, or similar earth removal created as part of | 15 |
| normal construction, removal, or maintenance of a | 16 |
| structure, utility, or transportation infrastructure. | 17 |
| (f) Except as provided in subdivision (d)(2) of this | 18 |
| Section, owners and operators of clean construction or | 19 |
| demolition debris fill operations must develop and implement: | 20 |
| (1) A Receipt Control Plan that contains the elements | 21 |
| required for restricted fill operations under subdivision | 22 |
| (d)(5) of Section 22.51 of this Act, as those requirements | 23 |
| would pertain to general fill. | 24 |
| (2) A testing and sampling plan which ensures that the | 25 |
| CCDD fill when placed in the fill site will meet the | 26 |
| standards of general fill soil. At a minimum, |
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| representative soil samples must be collected for every | 2 |
| 2,500 cubic yards of soil placed on site and tested for the | 3 |
| full list of TACO parameters. For collection and testing | 4 |
| purposes, random representative soil samples may be | 5 |
| combined into a composite sample and statistically | 6 |
| analyzed; however, no more than 5 aliquots may be combined | 7 |
| into a composite sample. Soil that exceeds general fill | 8 |
| standards must be removed to a restricted fill operation if | 9 |
| it meets restricted fill standards, or it must be disposed | 10 |
| of at a landfill. | 11 |
| (3) A closure and post-closure care plan that includes, | 12 |
| but is not limited to, covering all clean construction or | 13 |
| demolition debris with at least 3 feet of general fill soil | 14 |
| or a road, pavement, or structure within 30 days after | 15 |
| completion of the filling. | 16 |
| (g) Owners and operators of clean construction or | 17 |
| demolition debris fill operations must maintain all | 18 |
| documentation required under this Section until at least 3 | 19 |
| years after the date of receipt of the clean construction or | 20 |
| demolition debris or soil, except that documentation relating | 21 |
| to an appeal, litigation, or other disputed claim must be | 22 |
| maintained until at least 3 years after the date of the final | 23 |
| disposition of the appeal, litigation, or other disputed claim. | 24 |
| Copies of the documentation must be made available to the | 25 |
| Agency for inspection and copying during normal business hours. | 26 |
| Chemical analysis conducted under this Section must be |
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| conducted in accordance with the requirements of 35 Ill. Adm. | 2 |
| Code 742 and "Test Methods for Evaluating Solid Waste, | 3 |
| Physical/Chemical Methods", USEPA Publication No. SW-846, as | 4 |
| amended. | 5 |
| (h) Except as provided in this Section for restricted fill | 6 |
| soil, no person shall use soil other than general fill soil as | 7 |
| fill material at a clean construction or demolition debris fill | 8 |
| operation. | 9 |
| (i) No person shall use, or cause or allow the use of, any | 10 |
| site on which a land use restriction has been recorded under | 11 |
| subdivision (d)(1) of this Section in a manner that is | 12 |
| inconsistent with the land use restriction unless the land use | 13 |
| restriction has been removed in accordance with subdivision | 14 |
| (d)(1) of this Section. | 15 |
| (j) No person shall perform an activity that disturbs the | 16 |
| barrier required under subdivision (d)(2) of this Section | 17 |
| unless the site is entered into the Agency's Site Remediation | 18 |
| Program and the activity is approved by the Agency as | 19 |
| consistent with the requirements of 35 Ill. Adm. Code 742. | 20 |
| (k) No person shall use restricted fill soil or clean | 21 |
| construction or demolition debris as fill material at a clean | 22 |
| construction or demolition debris fill operation unless | 23 |
| authorized by the Agency in a permit granted under this | 24 |
| Section. No person shall use restricted fill soil or clean | 25 |
| construction or demolition debris as fill material at a clean | 26 |
| construction or demolition debris fill operation except in |
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| accordance with a permit granted under this Section and | 2 |
| Sections 39 and 40 of this Act. | 3 |
| (l) No person other than the State of Illinois, its | 4 |
| agencies and institutions, or a unit of local government shall | 5 |
| use restricted fill soil as fill material in a current or | 6 |
| former quarry, mine, or other excavation unless that person has | 7 |
| posted with the Agency a performance bond or other security for | 8 |
| the purpose of insuring (i) closure of the site in accordance | 9 |
| with this Section and its regulations and (ii) completion of | 10 |
| any corrective action remedies required under this Act and its | 11 |
| regulations. The bond amount shall be directly related to the | 12 |
| design and volume of the site. The cost estimate shall be | 13 |
| calculated using a period of time not to exceed 30 years beyond | 14 |
| closure and may be a shorter period as may be approved or | 15 |
| required by the Agency. Cost estimates shall be in current | 16 |
| dollars. Any moneys forfeited to the State from any performance | 17 |
| bond or other security required under this subsection shall be | 18 |
| placed in the Landfill Closure and Post-Closure Fund and shall, | 19 |
| upon approval by the Governor and the Director, be used by and | 20 |
| under the direction of the Agency for the purposes for which | 21 |
| such performance bond or other security was issued. | 22 |
| The Agency is authorized to enter into such contracts and | 23 |
| agreements as it may deem necessary to carry out the purposes | 24 |
| of this Section. Neither the State, nor the Director, nor any | 25 |
| State employee is liable for any damages or injuries arising | 26 |
| out of or resulting from any action taken under this Section. |
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| Nothing in this Section shall bar a cause of action by the | 2 |
| State for any other penalty or relief provided by this Act or | 3 |
| any other law. | 4 |
| The Agency has the authority to approve or disapprove any | 5 |
| performance bond or other security posted under this subsection | 6 |
| (l). Any person whose performance bond or other security is | 7 |
| disapproved by the Agency may contest the disapproval as a | 8 |
| permit denial appeal under Section 40 of this Act. | 9 |
| (m) The Agency may establish the procedures it deems | 10 |
| necessary to implement and execute its responsibilities under | 11 |
| this Section. | 12 |
| (Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06 .) | 13 |
| (415 ILCS 5/22.51a new)
| 14 |
| Sec. 22.51a. General Fill Soil Fill Operations. This | 15 |
| Section applies to all persons using soil as fill material in a | 16 |
| current or former quarry, mine, or other excavation. Other | 17 |
| excavation does not include holes, trenches, or similar earth | 18 |
| removal created as part of normal construction, removal, or | 19 |
| maintenance of a structure, utility, or transportation | 20 |
| infrastructure. | 21 |
| (a) No person shall use general fill soil as fill material | 22 |
| in a current or former quarry, mine, or other excavation unless | 23 |
| the requirements of this Section are met. | 24 |
| (b) Persons using general fill soil as fill material in a | 25 |
| current or former quarry, mine, or other excavation after |
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| January 1, 2010 shall notify the Agency of their intent to use | 2 |
| general fill soil. | 3 |
| (c) Persons using general fill soil as fill material in a | 4 |
| current or former quarry, mine, or other excavation must | 5 |
| develop and implement: | 6 |
| (1) A Receipt Control Plan that contains the elements | 7 |
| required for restricted fill soil under subdivision (d)(5) | 8 |
| of Section 22.51 of this Act, as those requirements would | 9 |
| pertain to general fill soil. | 10 |
| (2) A testing and sampling plan that ensures that the | 11 |
| CCDD fill when placed in the fill site will meet the | 12 |
| standards of general fill soil. At a minimum, | 13 |
| representative soil samples must be collected for every | 14 |
| 5,000 cubic yards of soil placed on site and tested for the | 15 |
| full list of TACO parameters. For collection and testing | 16 |
| purposes, random representative soil samples may be | 17 |
| combined into a composite sample and statistically | 18 |
| analyzed so long as no more than 5 aliquots may be combined | 19 |
| into a composite sample. Soil that exceeds general fill | 20 |
| standards must be removed and properly disposed of at | 21 |
| either a restricted fill site or a landfill. | 22 |
| (3) Persons using general fill soil as fill material in | 23 |
| a current or former quarry, mine, or other excavation must | 24 |
| maintain all documentation required under this Section | 25 |
| until at least 3 years after the date of receipt of the | 26 |
| soil, except that documentation relating to an appeal, |
|
|
|
HB2264 |
- 40 - |
LRB096 09571 JDS 19732 b |
|
| 1 |
| litigation, or other disputed claim must be maintained | 2 |
| until at least 3 years after the date of the final | 3 |
| disposition of the appeal, litigation, or other disputed | 4 |
| claim. Copies of the documentation must be made available | 5 |
| to the Agency for inspection and copying during normal | 6 |
| business hours. | 7 |
| Chemical analysis conducted under this Section must be | 8 |
| conducted in accordance with the requirements of 35 Ill. Adm. | 9 |
| Code 742 and "Test Methods for Evaluating Solid Waste, | 10 |
| Physical/Chemical Methods", USEPA Publication No. SW-846, as | 11 |
| amended. | 12 |
| (415 ILCS 5/22.54 new)
| 13 |
| Sec. 22.54. Intergovernmental agreements. Notwithstanding | 14 |
| any other provisions of this Act, to the extent allowed by | 15 |
| federal law the Agency may, through intergovernmental | 16 |
| agreements, authorize reuse of soil and clean construction or | 17 |
| demolition debris by State agencies, or by counties with a | 18 |
| population of 3,000,000 or more, or by units of local | 19 |
| government located in a county with a population of 3,000,000 | 20 |
| or more, as long as the reuse is protective of human health and | 21 |
| the environment. | 22 |
| To the extent allowed by federal law, no permit is required | 23 |
| for the reuse of clean construction or demolition debris or | 24 |
| soil under agreements entered into under this Section. To the | 25 |
| extent allowed by federal law, clean construction or demolition |
|
|
|
HB2264 |
- 41 - |
LRB096 09571 JDS 19732 b |
|
| 1 |
| debris and soil reused under agreements entered into under this | 2 |
| Section are not waste. Intergovernmental Agreements are not | 3 |
| required for the purpose of reuse of general fill soil or for | 4 |
| the purpose of reuse of soil or clean construction demolition | 5 |
| debris on the site from which it was removed.
| 6 |
| (415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)
| 7 |
| Sec. 31.1. Administrative citation.
| 8 |
| (a) The prohibitions specified in subsections (o) and (p) | 9 |
| of
Section 21 and in Section 22.51 of this Act shall be | 10 |
| enforceable either by administrative
citation under this | 11 |
| Section or as otherwise provided by this Act.
| 12 |
| (b) Whenever Agency personnel or personnel of a unit of | 13 |
| local government to
which the Agency has delegated its | 14 |
| functions pursuant to subsection (r) of
Section 4 of this Act, | 15 |
| on the basis of direct observation, determine that any
person | 16 |
| has violated any provision of subsection (o) or (p) of Section
| 17 |
| 21 or any provision of Section 22.51 of this Act, the Agency or | 18 |
| such unit of local government may issue and serve
an | 19 |
| administrative citation upon such person within not more than | 20 |
| 60 days after
the date of the observed violation. Each such | 21 |
| citation issued shall be served
upon the person named therein | 22 |
| or such person's authorized agent for service of
process, and | 23 |
| shall include the following information:
| 24 |
| (1) a statement specifying the provisions of | 25 |
| subsection (o) or (p)
of Section 21 or the provisions of |
|
|
|
HB2264 |
- 42 - |
LRB096 09571 JDS 19732 b |
|
| 1 |
| Section 22.51 of which the person was observed to be in | 2 |
| violation;
| 3 |
| (2) a copy of the inspection report in which the Agency | 4 |
| or local
government recorded the violation, which report | 5 |
| shall include the date and
time of inspection, and weather | 6 |
| conditions prevailing during the inspection;
| 7 |
| (3) the penalty imposed by subdivision (b)(4) , or | 8 |
| (b)(4-5) , or (b)(6) of Section
42 for such violation;
| 9 |
| (4) instructions for contesting the administrative | 10 |
| citation findings
pursuant to this Section, including | 11 |
| notification that the person has 35
days within which to | 12 |
| file a petition for review before the Board to contest
the | 13 |
| administrative citation; and
| 14 |
| (5) an affidavit by the personnel observing the | 15 |
| violation, attesting to
their material actions and | 16 |
| observations.
| 17 |
| (c) The Agency or unit of local government shall file a | 18 |
| copy of each
administrative citation served under subsection | 19 |
| (b) of this Section with
the Board no later than 10 days after | 20 |
| the date of service.
| 21 |
| (d) (1) If the person named in the administrative citation | 22 |
| fails to
petition the Board for review within 35 days from the | 23 |
| date of service, the
Board shall adopt a final order, which | 24 |
| shall include the administrative
citation and findings of | 25 |
| violation as alleged in the citation, and shall impose
the | 26 |
| penalty specified in subdivision (b)(4) , or (b)(4-5) , or (b)(6) |
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| of Section 42.
| 2 |
| (2) If a petition for review is filed before the Board to | 3 |
| contest an
administrative citation issued under subsection (b) | 4 |
| of this Section, the
Agency or unit of local government shall | 5 |
| appear as a complainant at a
hearing before the Board to be | 6 |
| conducted pursuant to Section 32 of this Act
at a time not less | 7 |
| than 21 days after notice of such hearing has
been sent by the | 8 |
| Board to the Agency or unit of local government and the
person | 9 |
| named in the citation. In such hearings, the burden of proof | 10 |
| shall be
on the Agency or unit of local government. If, based | 11 |
| on the record, the Board
finds that the alleged violation | 12 |
| occurred, it shall adopt a final order which
shall include the | 13 |
| administrative citation and findings of violation as alleged
in | 14 |
| the citation, and shall impose the penalty specified in | 15 |
| subdivision (b)(4) ,
or (b)(4-5) , or (b)(6) of Section 42. | 16 |
| However, if the Board finds that the person
appealing the | 17 |
| citation has shown that the violation resulted from
| 18 |
| uncontrollable circumstances, the Board shall adopt a final | 19 |
| order which makes
no finding of violation and which imposes no | 20 |
| penalty.
| 21 |
| (e) Sections 10-25 through 10-60 of the Illinois | 22 |
| Administrative Procedure
Act shall not apply to any | 23 |
| administrative citation issued under subsection (b)
of this | 24 |
| Section.
| 25 |
| (f) The other provisions of this Section shall not apply to | 26 |
| a sanitary
landfill operated by a unit of local government |
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| solely for the purpose of
disposing of water and sewage | 2 |
| treatment plant sludges, including necessary
stabilizing | 3 |
| materials.
| 4 |
| (g) All final orders issued and entered by the Board | 5 |
| pursuant to this
Section shall be enforceable by injunction, | 6 |
| mandamus or other appropriate
remedy, in accordance with | 7 |
| Section 42 of this Act.
| 8 |
| (Source: P.A. 92-16, eff. 6-28-01.)
| 9 |
| (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
| 10 |
| Sec. 42. Civil penalties.
| 11 |
| (a) Except as provided in this Section, any person that | 12 |
| violates any
provision of this Act or any regulation adopted by | 13 |
| the Board, or any permit
or term or condition thereof, or that | 14 |
| violates any order of the Board pursuant
to this Act, shall be | 15 |
| liable for a civil penalty of not to exceed
$50,000 for the | 16 |
| violation and an additional civil penalty of not to exceed
| 17 |
| $10,000 for each day during which the violation continues; such | 18 |
| penalties may,
upon order of the Board or a court of competent | 19 |
| jurisdiction, be made payable
to the Environmental Protection | 20 |
| Trust Fund, to be used in accordance with the
provisions of the | 21 |
| Environmental Protection Trust Fund Act.
| 22 |
| (b) Notwithstanding the provisions of subsection (a) of | 23 |
| this Section:
| 24 |
| (1) Any person that violates Section 12(f) of this Act | 25 |
| or any
NPDES permit or term or condition thereof, or any |
|
|
|
HB2264 |
- 45 - |
LRB096 09571 JDS 19732 b |
|
| 1 |
| filing requirement,
regulation or order relating to the | 2 |
| NPDES permit program, shall be liable
to a civil penalty of | 3 |
| not to exceed $10,000 per day of violation.
| 4 |
| (2) Any person that violates Section 12(g) of this Act | 5 |
| or any UIC permit
or term or condition thereof, or any | 6 |
| filing requirement, regulation or order
relating to the | 7 |
| State UIC program for all wells, except Class II wells as
| 8 |
| defined by the Board under this Act, shall be liable to a | 9 |
| civil penalty
not to exceed $2,500 per day of violation; | 10 |
| provided, however, that any person
who commits such | 11 |
| violations relating to the State UIC program for Class
II | 12 |
| wells, as defined by the Board under this Act, shall be | 13 |
| liable to a civil
penalty of not to exceed $10,000 for the | 14 |
| violation and an additional civil
penalty of not to exceed | 15 |
| $1,000 for each day during which the violation
continues.
| 16 |
| (3) Any person that violates Sections 21(f), 21(g), | 17 |
| 21(h) or 21(i) of
this Act, or any RCRA permit or term or | 18 |
| condition thereof, or any filing
requirement, regulation | 19 |
| or order relating to the State RCRA program, shall
be | 20 |
| liable to a civil penalty of not to exceed $25,000 per day | 21 |
| of violation.
| 22 |
| (4)
In an administrative citation action under Section | 23 |
| 31.1 of this Act,
any person found to have violated any | 24 |
| provision of subsection (o) of
Section 21 of this Act shall | 25 |
| pay a civil penalty of $500 for each
violation of each such | 26 |
| provision, plus any hearing costs incurred by the Board
and |
|
|
|
HB2264 |
- 46 - |
LRB096 09571 JDS 19732 b |
|
| 1 |
| the Agency. Such penalties shall be made payable to the | 2 |
| Environmental
Protection Trust Fund, to be used in | 3 |
| accordance with the provisions of the
Environmental | 4 |
| Protection Trust Fund Act; except that if a unit of local
| 5 |
| government issued the administrative citation, 50% of the | 6 |
| civil penalty shall
be payable to the unit of local | 7 |
| government.
| 8 |
| (4-5) In an administrative citation action under | 9 |
| Section 31.1 of this
Act, any person found to have violated | 10 |
| any
provision of subsection (p) of
Section 21 of this Act | 11 |
| shall pay a civil penalty of $1,500 for each violation
of
| 12 |
| each such provision, plus any hearing costs incurred by the | 13 |
| Board and the
Agency, except that the civil penalty amount | 14 |
| shall be $3,000 for
each violation of any provision of | 15 |
| subsection (p) of Section 21 that is the
person's second or | 16 |
| subsequent adjudication violation of that
provision. The | 17 |
| penalties shall be deposited into the
Environmental | 18 |
| Protection Trust Fund, to be used in accordance with the
| 19 |
| provisions of the Environmental Protection Trust Fund Act; | 20 |
| except that if a
unit of local government issued the | 21 |
| administrative citation, 50% of the civil
penalty shall be | 22 |
| payable to the unit of local government.
| 23 |
| (5) Any person who violates subsection 6 of Section | 24 |
| 39.5 of this Act
or any CAAPP permit, or term or condition | 25 |
| thereof, or any fee or filing
requirement, or any duty to | 26 |
| allow or carry out inspection, entry or
monitoring |
|
|
|
HB2264 |
- 47 - |
LRB096 09571 JDS 19732 b |
|
| 1 |
| activities, or any regulation or order relating to the | 2 |
| CAAPP
shall be liable for a civil penalty not to exceed | 3 |
| $10,000 per day of violation.
| 4 |
| (6) In an administrative citation action under Section | 5 |
| 31.1 of this Act, any person without a permit issued under | 6 |
| Section 22.51 of this Act that is found to have violated | 7 |
| any provision of Section 22.51 of this Act shall pay a | 8 |
| civil penalty of $1,500 for each violation of each | 9 |
| provision, plus any hearing costs incurred by the Board and | 10 |
| the Agency, except that the civil penalty amount shall be | 11 |
| $3,000 for each violation of any provision of Section 22.51 | 12 |
| that is the person's second or subsequent adjudicated | 13 |
| violation of that provision. Any person with a permit | 14 |
| issued under Section 22.51 of this Act who is found to have | 15 |
| violated that permit or any person who is found to have | 16 |
| violated Section 22.51a of this Act shall pay a civil | 17 |
| penalty of $500 for each violation of each such provision, | 18 |
| plus any hearing costs incurred by the Board and the | 19 |
| Agency, except that the civil penalty amount shall be | 20 |
| $1,000 for each violation of any provision of Section 22.51 | 21 |
| that is the person's second or subsequent adjudicated | 22 |
| violation of that provision. The penalties shall be | 23 |
| deposited into the Environmental Protection Trust Fund, to | 24 |
| be used in accordance with the provisions of the | 25 |
| Environmental Protection Trust Fund Act; except that if a | 26 |
| delegated unit of local government issued the |
|
|
|
HB2264 |
- 48 - |
LRB096 09571 JDS 19732 b |
|
| 1 |
| administrative citation, 50% of the civil penalty shall be | 2 |
| payable to the unit of local government. | 3 |
| (b.5) In lieu of the penalties set forth in subsections (a) | 4 |
| and (b) of
this Section, any person who fails to file, in a | 5 |
| timely manner, toxic
chemical release forms with the Agency | 6 |
| pursuant to Section 25b-2
of this Act
shall be liable for a | 7 |
| civil penalty of $100 per day for
each day the forms are
late, | 8 |
| not to exceed a maximum total penalty of $6,000. This daily | 9 |
| penalty
shall begin accruing on the thirty-first day after the
| 10 |
| date that the person receives the warning notice issued by the | 11 |
| Agency pursuant
to Section 25b-6 of this Act; and the penalty | 12 |
| shall be paid to the Agency. The
daily accrual of penalties | 13 |
| shall cease as of January 1 of the following year.
All | 14 |
| penalties collected by the Agency pursuant to this subsection | 15 |
| shall be
deposited into the Environmental Protection Permit and | 16 |
| Inspection Fund.
| 17 |
| (c) Any person that violates this Act, any rule or | 18 |
| regulation adopted under
this Act, any permit or term or | 19 |
| condition of a permit, or any Board order and
causes the death | 20 |
| of fish
or aquatic life shall, in addition to the other | 21 |
| penalties provided by
this Act, be liable to pay to the State | 22 |
| an additional sum for the
reasonable value of the fish or | 23 |
| aquatic life destroyed. Any money so
recovered shall be placed | 24 |
| in the Wildlife and Fish Fund in the State
Treasury.
| 25 |
| (d) The penalties provided for in this Section may be | 26 |
| recovered in a
civil action.
|
|
|
|
HB2264 |
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LRB096 09571 JDS 19732 b |
|
| 1 |
| (e) The State's Attorney of the county in which the | 2 |
| violation
occurred, or the Attorney General, may, at the | 3 |
| request of the Agency or
on his own motion, institute a civil | 4 |
| action for an injunction, prohibitory or mandatory, to
restrain | 5 |
| violations of this Act, any rule or regulation adopted under | 6 |
| this Act,
any permit or term or condition of a permit, or any | 7 |
| Board order, or to require such other actions as may be | 8 |
| necessary to address violations of this Act, any rule or | 9 |
| regulation adopted under this Act, any permit or term or | 10 |
| condition of a permit, or any Board order.
| 11 |
| (f) The State's Attorney of the county in which the | 12 |
| violation
occurred, or the Attorney General, shall bring such | 13 |
| actions in the name
of the people of the State of Illinois.
| 14 |
| Without limiting any other authority which may exist for the | 15 |
| awarding
of attorney's fees and costs, the Board or a court of | 16 |
| competent
jurisdiction may award costs and reasonable | 17 |
| attorney's fees, including the
reasonable costs of expert | 18 |
| witnesses and consultants, to the State's
Attorney or the | 19 |
| Attorney General in a case where he has prevailed against a
| 20 |
| person who has committed a wilful, knowing or repeated | 21 |
| violation of this Act,
any rule or regulation adopted under | 22 |
| this Act, any permit or term or condition
of a permit, or any | 23 |
| Board order.
| 24 |
| Any funds collected under this subsection (f) in which the | 25 |
| Attorney
General has prevailed shall be deposited in the
| 26 |
| Hazardous Waste Fund created in Section 22.2 of this Act. Any |
|
|
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| 1 |
| funds
collected under this subsection (f) in which a State's | 2 |
| Attorney has
prevailed shall be retained by the county in which | 3 |
| he serves.
| 4 |
| (g) All final orders imposing civil penalties pursuant to | 5 |
| this Section
shall prescribe the time for payment of such | 6 |
| penalties. If any such
penalty is not paid within the time | 7 |
| prescribed, interest on such penalty
at the rate set forth in | 8 |
| subsection (a) of Section 1003 of the Illinois Income
Tax Act, | 9 |
| shall be paid for the period from the date payment is due until | 10 |
| the
date payment is received. However, if the time for payment | 11 |
| is stayed during
the pendency of an appeal, interest shall not | 12 |
| accrue during such stay.
| 13 |
| (h) In determining the appropriate civil penalty to be | 14 |
| imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), or | 15 |
| (b)(5) of this
Section, the Board is authorized to consider any | 16 |
| matters of record in
mitigation or aggravation of penalty, | 17 |
| including but not limited to the
following factors:
| 18 |
| (1) the duration and gravity of the violation;
| 19 |
| (2) the presence or absence of due diligence on the | 20 |
| part of the
respondent in attempting to comply with | 21 |
| requirements of this
Act and regulations thereunder or to | 22 |
| secure relief therefrom as provided by
this Act;
| 23 |
| (3) any economic benefits accrued by the respondent
| 24 |
| because of delay in compliance with requirements, in which | 25 |
| case the economic
benefits shall be determined by the | 26 |
| lowest cost alternative for achieving
compliance;
|
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LRB096 09571 JDS 19732 b |
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| (4) the amount of monetary penalty which will serve to | 2 |
| deter further
violations by the respondent and to otherwise | 3 |
| aid in enhancing
voluntary
compliance with this Act by the | 4 |
| respondent and other persons
similarly
subject to the Act;
| 5 |
| (5) the number, proximity in time, and gravity of | 6 |
| previously
adjudicated violations of this Act by the | 7 |
| respondent;
| 8 |
| (6) whether the respondent voluntarily self-disclosed, | 9 |
| in accordance
with subsection (i) of this Section, the | 10 |
| non-compliance to the Agency; and
| 11 |
| (7) whether the respondent has agreed to undertake a | 12 |
| "supplemental
environmental project," which means an | 13 |
| environmentally beneficial project that
a respondent | 14 |
| agrees to undertake in settlement of an enforcement action | 15 |
| brought
under this Act, but which the respondent is not | 16 |
| otherwise legally required to
perform.
| 17 |
| In determining the appropriate civil penalty to be imposed | 18 |
| under subsection
(a) or paragraph (1), (2), (3), or (5) of | 19 |
| subsection (b) of this Section, the
Board shall ensure, in all | 20 |
| cases, that the penalty is at least as great as the
economic | 21 |
| benefits, if any, accrued by the respondent as a result of the
| 22 |
| violation, unless the Board finds that imposition of such | 23 |
| penalty would result
in an arbitrary or unreasonable financial | 24 |
| hardship. However, such civil
penalty
may be off-set in whole | 25 |
| or in part pursuant to a supplemental
environmental project | 26 |
| agreed to by the complainant and the respondent.
|
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| (i) A person who voluntarily self-discloses non-compliance | 2 |
| to the Agency,
of which the Agency had been unaware, is | 3 |
| entitled to a 100% reduction in the
portion of the penalty that | 4 |
| is not based on the economic benefit of
non-compliance if the | 5 |
| person can
establish the following:
| 6 |
| (1) that the non-compliance was discovered through an | 7 |
| environmental
audit or a compliance management system | 8 |
| documented by the regulated entity as
reflecting the | 9 |
| regulated entity's due diligence in preventing, detecting, | 10 |
| and
correcting violations;
| 11 |
| (2) that the non-compliance was disclosed in writing | 12 |
| within 30 days of
the date on which the person discovered | 13 |
| it;
| 14 |
| (3) that the non-compliance was discovered and | 15 |
| disclosed prior to:
| 16 |
| (i) the commencement of an Agency inspection, | 17 |
| investigation, or request
for information;
| 18 |
| (ii) notice of a citizen suit;
| 19 |
| (iii) the filing of a complaint by a citizen, the | 20 |
| Illinois Attorney
General, or the State's Attorney of | 21 |
| the county in which the violation occurred;
| 22 |
| (iv) the reporting of the non-compliance by an | 23 |
| employee of the person
without that person's | 24 |
| knowledge; or
| 25 |
| (v) imminent discovery of the non-compliance by | 26 |
| the Agency;
|
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| (4) that the non-compliance is being corrected and any | 2 |
| environmental
harm is being remediated in a timely fashion;
| 3 |
| (5) that the person agrees to prevent a recurrence of | 4 |
| the non-compliance;
| 5 |
| (6) that no related non-compliance events have | 6 |
| occurred in the
past 3 years at the same facility or in the | 7 |
| past 5 years as part of a
pattern at multiple facilities | 8 |
| owned or operated by the person;
| 9 |
| (7) that the non-compliance did not result in serious | 10 |
| actual
harm or present an imminent and substantial | 11 |
| endangerment to human
health or the environment or violate | 12 |
| the specific terms of any judicial or
administrative order | 13 |
| or consent agreement;
| 14 |
| (8) that the person cooperates as reasonably requested | 15 |
| by the Agency
after the disclosure; and
| 16 |
| (9) that the non-compliance was identified voluntarily | 17 |
| and not through a
monitoring, sampling, or auditing | 18 |
| procedure that is required by statute, rule,
permit, | 19 |
| judicial or administrative order, or consent agreement.
| 20 |
| If a person can establish all of the elements under this | 21 |
| subsection except
the element set forth in paragraph (1) of | 22 |
| this subsection, the person is
entitled to a 75% reduction in | 23 |
| the portion of the penalty that is not based
upon the economic | 24 |
| benefit of non-compliance.
| 25 |
| (j) In addition to an other remedy or penalty that may
| 26 |
| apply, whether civil or criminal, any person who violates |
|
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| Section 22.52 of this Act shall be liable for an additional | 2 |
| civil penalty of up to 3 times the gross amount of any | 3 |
| pecuniary gain resulting from the violation.
| 4 |
| (Source: P.A. 94-272, eff. 7-19-05; 94-580, eff. 8-12-05; | 5 |
| 95-331, eff. 8-21-07.)".
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law. |
|
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|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 415 ILCS 5/3.160 |
was 415 ILCS 5/3.78 and 3.78a |
| 4 |
| 415 ILCS 5/3.202 new |
|
| 5 |
| 415 ILCS 5/3.442 new |
|
| 6 |
| 415 ILCS 5/21 |
from Ch. 111 1/2, par. 1021 |
| 7 |
| 415 ILCS 5/22.51 |
|
| 8 |
| 415 ILCS 5/22.51a new |
|
| 9 |
| 415 ILCS 5/22.54 new |
|
| 10 |
| 415 ILCS 5/31.1 |
from Ch. 111 1/2, par. 1031.1 |
| 11 |
| 415 ILCS 5/42 |
from Ch. 111 1/2, par. 1042 |
| |
|