Full Text of SB1607 96th General Assembly
SB1607sam002 96TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 3/25/2009
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| AMENDMENT TO SENATE BILL 1607
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| AMENDMENT NO. ______. Amend Senate Bill 1607, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Environmental Protection Act is amended by | 6 |
| changing Sections 3.160, 21, 22.51, 31.1, and 42 and by adding | 7 |
| 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 | 11 |
| non-hazardous,
uncontaminated materials resulting from the | 12 |
| construction, remodeling, repair,
and demolition of utilities, | 13 |
| structures, and roads, limited to the following:
bricks, | 14 |
| concrete, and other masonry materials; soil; rock; wood, | 15 |
| including
non-hazardous painted, treated, and coated wood and | 16 |
| wood products; wall
coverings; plaster; drywall; plumbing |
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| fixtures; non-asbestos insulation;
roofing shingles and other | 2 |
| roof coverings; reclaimed or other asphalt pavement; glass;
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| plastics that are not sealed in a manner that conceals waste; | 4 |
| electrical
wiring and components containing no hazardous | 5 |
| substances; and piping or metals
incidental to any of those | 6 |
| materials.
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| General construction or demolition debris does not include | 8 |
| general fill uncontaminated
soil generated during | 9 |
| construction, remodeling, repair, and demolition of
utilities, | 10 |
| structures, and roads provided the general fill uncontaminated | 11 |
| soil is not
commingled with any general construction or | 12 |
| demolition debris or other waste.
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| To the extent allowed by federal law, uncontaminated | 14 |
| concrete with protruding rebar shall be considered clean | 15 |
| construction or demolition debris and shall not be considered | 16 |
| "waste" if it is separated or processed and returned to the | 17 |
| economic mainstream in the form of raw materials or products | 18 |
| within 4 years of its generation, if it is not speculatively | 19 |
| accumulated and, if used as a fill material, it is used in | 20 |
| accordance with item (i) in subsection (b) of this Section.
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| (b) "Clean construction or demolition debris" ("CCDD") | 22 |
| means
uncontaminated broken concrete without protruding metal | 23 |
| bars, bricks, rock,
stone, or reclaimed or other asphalt | 24 |
| pavement , or soil generated from construction or
demolition | 25 |
| activities ; provided that concrete without protruding metal | 26 |
| bars, bricks, rock, stone, or reclaimed or other asphalt |
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| pavement that is generated from the construction or demolition | 2 |
| of a road may be considered "clean construction or demolition | 3 |
| debris" if it is uncontaminated except for pavement markings | 4 |
| that conform to Illinois Department of Transportation | 5 |
| specifications .
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| CCDD also includes general fill soil generated from | 7 |
| construction or demolition activities that is mixed with broken | 8 |
| concrete without protruding metal bars, bricks, rock, stone, or | 9 |
| reclaimed asphalt pavement that is CCDD. CCDD Clean | 10 |
| construction or demolition debris does not include general fill | 11 |
| uncontaminated soil
generated during construction, remodeling, | 12 |
| repair, and demolition of utilities,
structures, and roads that | 13 |
| provided the uncontaminated soil is not commingled with
any | 14 |
| CCDD clean construction or demolition debris or other waste.
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| To the extent allowed by federal law, CCDD clean | 16 |
| construction or demolition debris
shall not be considered | 17 |
| "waste" if it is (i) used as fill material outside of a setback | 18 |
| zone if (1) the fill is placed no higher than the
highest point | 19 |
| of elevation existing prior to the filling immediately adjacent
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| to the fill area, and (2) except as otherwise allowed under | 21 |
| subdivision (f)(3) of Section 22.51 of this Act it is if | 22 |
| covered by sufficient general fill uncontaminated soil to
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| support vegetation within 30 days of the completion of filling | 24 |
| or is if covered
by a road or structure and, (3) if used as fill | 25 |
| material in a current or former quarry, mine, or other | 26 |
| excavation, it is used in accordance with the requirements of |
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| Sections 22.51 of this Act and rules adopted thereunder , or | 2 |
| (ii) separated or processed and returned to the
economic | 3 |
| mainstream in the form of raw materials or products, if it is | 4 |
| not
speculatively accumulated and, if used as a fill material, | 5 |
| it is used in
accordance with item (i), or (iii) solely
broken | 6 |
| concrete without protruding metal bars used for erosion | 7 |
| control, or
(iv) generated from the construction or demolition | 8 |
| of a building, road, or
other structure and used to construct, | 9 |
| on the site where the construction or
demolition has taken | 10 |
| place, a manmade
functional structure not to exceed 20 feet | 11 |
| above the highest point of
elevation of the property | 12 |
| immediately adjacent to the new manmade functional
structure as | 13 |
| that elevation existed prior to the creation of that new
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| structure,
provided that the structure shall be covered with | 15 |
| sufficient general fill soil
materials to sustain vegetation or | 16 |
| by a road or structure, and further
provided that no such | 17 |
| structure shall be constructed within
a home rule municipality | 18 |
| with a population over 500,000 without the consent
of the | 19 |
| municipality.
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| For purposes of this subsection (b), reclaimed or other | 21 |
| asphalt pavement shall not be considered speculatively | 22 |
| accumulated if: (i) it is not commingled with any other clean | 23 |
| construction or demolition debris or any waste; (ii) it is | 24 |
| returned to the economic mainstream in the form of raw | 25 |
| materials or products within 4 years after its generation; | 26 |
| (iii) at least 25% of the total amount present at a site during |
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| a calendar year is transported off of the site during the next | 2 |
| calendar year; and (iv) if used as a fill material, it is used | 3 |
| in accordance with item (i) of the second paragraph of this | 4 |
| subsection (b).
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| (c) "Painted construction or demolition debris" means | 6 |
| broken concrete without protruding metal bars, bricks, rock, | 7 |
| stone, or reclaimed or other asphalt pavement generated from | 8 |
| construction or demolition activities that contains paint but | 9 |
| is otherwise uncontaminated. However, concrete without | 10 |
| protruding metal bars, bricks, rock, stone, or reclaimed or | 11 |
| other asphalt pavement that is generated from the construction | 12 |
| or demolition of a road may be considered "clean construction | 13 |
| or demolition debris" instead of "painted construction or | 14 |
| demolition debris" if it is uncontaminated except for pavement | 15 |
| markings that conform to Illinois Department of Transportation | 16 |
| specifications. | 17 |
| (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) | 19 |
| Sec. 3.202. General Fill Soil. For purposes of Sections | 20 |
| 3.160, 21, 22.51, and 22.51a of this Act, "General Fill Soil" | 21 |
| means soil generated from construction or demolition | 22 |
| activities that (i) does not exceed the most stringent Tier 1 | 23 |
| exposure route values adopted by the Board pursuant to Title | 24 |
| XVII of this Act, as amended, (ii) based upon past and current | 25 |
| land uses and reasonable inquiry, is not known or suspected to |
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| contain a regulated substance or pesticide for which a Tier 1 | 2 |
| exposure route value has not been determined, and (iii) does | 3 |
| not contain waste. For purposes of this definition, the most | 4 |
| stringent Tier 1 exposure route values adopted by the Board | 5 |
| pursuant to Title XVII of this Act shall be determined as | 6 |
| follows: | 7 |
| (a) Except as otherwise provided in subsections (b) | 8 |
| through (d) of this Section, the most stringent Tier 1 | 9 |
| exposure route values are the lowest of the following | 10 |
| values for each chemical listed in 35 Ill. Adm. Code 742, | 11 |
| Appendix B, as amended: | 12 |
| (1) The Ingestion Exposure Route-Specific Value | 13 |
| for Soils listed in Table A of 35 Ill. Adm. Code 742, | 14 |
| Appendix B; | 15 |
| (2) The Outdoor Inhalation Exposure Route-Specific | 16 |
| Value for Soils listed in Table A of 35 Ill. Adm. Code | 17 |
| 742, Appendix B; | 18 |
| (3) The Class I Soil Component of the Groundwater | 19 |
| Ingestion Exposure Route Value listed in Table A of 35 | 20 |
| Ill. Adm. Code 742, Appendix B; | 21 |
| (4) The Construction Worker Ingestion Exposure | 22 |
| Route-Specific Value for Soils listed in Table B of 35 | 23 |
| Ill. Adm. Code 742, Appendix B; | 24 |
| (5) The Construction Worker Inhalation Exposure | 25 |
| Route-Specific Value for Soils listed in Table B of 35 | 26 |
| Ill. Adm. Code 742, Appendix B; and |
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| (6) Indoor inhalation exposure route values as may | 2 |
| be established by the Board. | 3 |
| Location and other designations, such as residential | 4 |
| and industrial/commercial designations, shall be ignored | 5 |
| when comparing the values identified in this subsection | 6 |
| (a). The lowest values shall be used regardless of | 7 |
| designation. | 8 |
| (b) For inorganic chemicals, either the leachable | 9 |
| value or the totals value set forth below can be used as | 10 |
| the most stringent Tier 1 exposure route value. | 11 |
| (1) The leachable value for each inorganic | 12 |
| chemical is the Class I Soil Component of the | 13 |
| Groundwater Ingestion Exposure Route Value listed in | 14 |
| Table A of 35 Ill. Adm. Code 742, Appendix B, as | 15 |
| amended. | 16 |
| (2) The totals value for each inorganic chemical is | 17 |
| the lowest of the following values, as amended: | 18 |
| (A) The Ingestion Exposure Route-Specific | 19 |
| Value for Soils listed in Table A of 35 Ill. Adm. | 20 |
| Code 742, Appendix B; | 21 |
| (B) The Outdoor Inhalation Exposure | 22 |
| Route-Specific Value for Soils listed in Table A of | 23 |
| 35 Ill. Adm. Code 742, Appendix B; | 24 |
| (C) The Construction Worker Ingestion Exposure | 25 |
| Route-Specific Value for Soils listed in Table B of | 26 |
| 35 Ill. Adm. Code 742, Appendix B; |
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| (D) The Construction Worker Inhalation | 2 |
| Exposure Route-Specific Value for Soils listed in | 3 |
| Table B of 35 Ill. Adm. Code 742, Appendix B; | 4 |
| (E) The Class I pH Specific Soil Remediation | 5 |
| Objective listed in the column labeled "pH of 6.25 | 6 |
| to 6.64" in Table C of 35 Ill. Adm. Code 742, | 7 |
| Appendix B; and | 8 |
| (F) Indoor inhalation exposure route values as | 9 |
| may be established by the Board. | 10 |
| Location and other designations, such as | 11 |
| residential or industrial/commercial designations, | 12 |
| shall be ignored when comparing the values identified | 13 |
| in this subdivision (b)(2) of this Section. The lowest | 14 |
| values shall be used for all soil regardless of | 15 |
| designation. | 16 |
| (c) If a chemical's most stringent Tier 1 exposure | 17 |
| route value determined under subsections (a) and (b) of | 18 |
| this Section is less than the chemical's acceptable | 19 |
| detection limit (ADL) listed in 35 Ill. Adm. Code 742, | 20 |
| Appendix B, as amended, then the ADL shall serve as the | 21 |
| most stringent Tier 1 exposure route value. | 22 |
| (d) The following applies for soil used as fill | 23 |
| material or cover material in Chicago, a Metropolitan Area, | 24 |
| or a Non-Metropolitan Area as defined in Table H of 35 Ill. | 25 |
| Adm. Code 742, Appendix A: | 26 |
| (1) If a chemical's most stringent Tier 1 exposure |
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| route value determined under subsections (a) through | 2 |
| (c) of this Section is less than the chemical's lowest | 3 |
| background concentration listed in Table H of 35 Ill. | 4 |
| Adm. Code 742, Appendix A, as amended, then the | 5 |
| chemical's lowest background concentration listed in | 6 |
| Table H shall serve as the most stringent Tier 1 | 7 |
| exposure route value. | 8 |
| (2) For purposes of this subsection (d), the lowest | 9 |
| background concentration listed in Table H shall be | 10 |
| used, regardless of whether it is the background | 11 |
| concentration listed for Chicago, a Metropolitan Area, | 12 |
| or a Non-Metropolitan Area. | 13 |
| The most stringent Tier 1 exposure route values shall be | 14 |
| determined solely from the values listed in 35 Ill. Adm. Code | 15 |
| 742, Appendix A and Appendix B as provided above. Except as | 16 |
| provided in subsection (d) of this Section, background | 17 |
| concentrations cannot be used. Other provisions of the Board's | 18 |
| rules, such as those pertaining to the use of engineered | 19 |
| barriers or institutional controls, cannot be used to exclude | 20 |
| or otherwise alter exposure routes or exposure route values for | 21 |
| purposes of determining the most stringent Tier 1 exposure | 22 |
| route. | 23 |
| The Agency shall maintain on its website a list of the most | 24 |
| stringent Tier 1 exposure route values adopted by the Board | 25 |
| pursuant to Title XVII of this Act, as amended. | 26 |
| To the extent allowed by federal law, general fill soil is |
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| not a waste. | 2 |
| (415 ILCS 5/3.442 new)
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| Sec. 3.442. Restricted Fill Soil. For purposes of Section | 4 |
| 22.51 of this Act, "restricted fill soil" means soil generated | 5 |
| from construction or demolition activities that (i) does not | 6 |
| exceed the Class I Soil Component of the Groundwater Ingestion | 7 |
| Exposure Route Values listed in Table A of 35 Ill. Adm. Code | 8 |
| 742, Appendix B, as amended, (ii) based upon past and current | 9 |
| land uses and reasonable inquiry, is not known or suspected to | 10 |
| contain a regulated substance or pesticide that does not have a | 11 |
| Class I Soil Component of the Groundwater Ingestion Exposure | 12 |
| Route Value listed in Table A of 35 Ill. Adm. Code 742, | 13 |
| Appendix B, as amended, and (iii) does not contain waste. | 14 |
| General fill soil that is mixed with restricted fill soil shall | 15 |
| 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 | 20 |
| highways or
other public property, except in a sanitary | 21 |
| landfill approved by the
Agency pursuant to regulations adopted | 22 |
| by the Board.
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| (c) Abandon any vehicle in violation of the "Abandoned | 24 |
| Vehicles
Amendment to the Illinois Vehicle Code", as enacted by |
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| the 76th General
Assembly.
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| (d) Conduct any waste-storage, waste-treatment, or | 3 |
| waste-disposal
operation:
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| (1) without a permit granted by the Agency or in | 5 |
| violation of any
conditions imposed by such permit, | 6 |
| including periodic reports and full
access to adequate | 7 |
| records and the inspection of facilities, as may be
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| necessary to assure compliance with this Act and with | 9 |
| regulations and
standards adopted thereunder; provided, | 10 |
| however, that, except for municipal
solid waste landfill | 11 |
| units that receive waste on or after October 9, 1993,
no | 12 |
| permit shall be
required for (i) any person conducting a | 13 |
| waste-storage, waste-treatment, or
waste-disposal | 14 |
| operation for wastes generated by such person's own
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| activities which are stored, treated, or disposed within | 16 |
| the site where
such wastes are generated, or (ii)
a | 17 |
| facility located in a county with a
population over 700,000 | 18 |
| as of January 1, 2000, operated and located in accordance | 19 |
| with
Section 22.38 of this Act, and used exclusively for | 20 |
| the transfer, storage, or
treatment of general | 21 |
| construction or demolition debris;
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| (2) in violation of any regulations or standards | 23 |
| adopted by the
Board under this Act; or
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| (3) which receives waste after August 31, 1988, does | 25 |
| not have a permit
issued by the Agency, and is (i) a | 26 |
| landfill used exclusively for the
disposal of waste |
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| generated at the site, (ii) a surface impoundment
receiving | 2 |
| special waste not listed in an NPDES permit, (iii) a waste | 3 |
| pile
in which the total volume of waste is greater than 100 | 4 |
| cubic yards or the
waste is stored for over one year, or | 5 |
| (iv) a land treatment facility
receiving special waste | 6 |
| generated at the site; without giving notice of the
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| operation to the Agency by January 1, 1989, or 30 days | 8 |
| after the date on
which the operation commences, whichever | 9 |
| is later, and every 3 years
thereafter. The form for such | 10 |
| notification shall be specified by the
Agency, and shall be | 11 |
| limited to information regarding: the name and address
of | 12 |
| the location of the operation; the type of operation; the | 13 |
| types and
amounts of waste stored, treated or disposed of | 14 |
| on an annual basis; the
remaining capacity of the | 15 |
| operation; and the remaining expected life of
the | 16 |
| operation.
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| Item (3) of this subsection (d) shall not apply to any | 18 |
| person
engaged in agricultural activity who is disposing of a | 19 |
| substance that
constitutes solid waste, if the substance was | 20 |
| acquired for use by that
person on his own property, and the | 21 |
| substance is disposed of on his own
property in accordance with | 22 |
| 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 | 25 |
| transport any waste
into this State for disposal, treatment, | 26 |
| storage or abandonment, except at
a site or facility which |
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| meets the requirements of this Act and of
regulations and | 2 |
| standards thereunder.
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| (f) Conduct any hazardous waste-storage, hazardous | 4 |
| waste-treatment or
hazardous waste-disposal operation:
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| (1) without a RCRA permit for the site issued by the | 6 |
| Agency under
subsection (d) of Section 39 of this Act, or | 7 |
| in violation of any condition
imposed by such permit, | 8 |
| including periodic reports and full access to
adequate | 9 |
| records and the inspection of facilities, as may be | 10 |
| necessary to
assure compliance with this Act and with | 11 |
| regulations and standards adopted
thereunder; or
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| (2) in violation of any regulations or standards | 13 |
| adopted by the Board
under this Act; or
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| (3) in violation of any RCRA permit filing requirement | 15 |
| established under
standards adopted by the Board under this | 16 |
| Act; or
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| (4) in violation of any order adopted by the Board | 18 |
| under this Act.
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| Notwithstanding the above, no RCRA permit shall be required | 20 |
| under this
subsection or subsection (d) of Section 39 of this | 21 |
| Act for any
person engaged in agricultural activity who is | 22 |
| disposing of a substance
which has been identified as a | 23 |
| hazardous waste, and which has been
designated by Board | 24 |
| regulations as being subject to this exception, if the
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| substance was acquired for use by that person on his own | 26 |
| property and the
substance is disposed of on his own property |
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| in accordance with regulations
or standards adopted by the | 2 |
| Board.
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| (g) Conduct any hazardous waste-transportation operation:
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| (1) without registering with and obtaining a permit | 5 |
| from the Agency in
accordance with the Uniform Program | 6 |
| implemented under subsection (l-5) of
Section 22.2; or
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| (2) in violation of any regulations or standards | 8 |
| adopted by
the
Board under this Act.
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| (h) Conduct any hazardous waste-recycling or hazardous | 10 |
| waste-reclamation
or hazardous waste-reuse operation in | 11 |
| violation of any regulations, standards
or permit requirements | 12 |
| adopted by the Board under this Act.
| 13 |
| (i) Conduct any process or engage in any act which produces | 14 |
| hazardous
waste in violation of any regulations or standards | 15 |
| adopted by the Board
under subsections (a) and (c) of Section | 16 |
| 22.4 of this Act.
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| (j) Conduct any special waste transportation operation in | 18 |
| violation
of any regulations, standards or permit requirements | 19 |
| adopted by the Board
under this Act. However, sludge from a | 20 |
| water or sewage treatment plant
owned and operated by a unit of | 21 |
| local government which (1) is subject to a
sludge management | 22 |
| plan approved by the Agency or a permit granted by the
Agency, | 23 |
| and (2) has been tested and determined not to be a hazardous | 24 |
| waste
as required by applicable State and federal laws and | 25 |
| regulations, may be
transported in this State without a special | 26 |
| waste hauling permit, and the
preparation and carrying of a |
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| manifest shall not be required for such
sludge under the rules | 2 |
| of the Pollution Control Board. The unit of local
government | 3 |
| which operates the treatment plant producing such sludge shall
| 4 |
| file a semiannual report with the Agency identifying the volume | 5 |
| of such
sludge transported during the reporting period, the | 6 |
| hauler of the sludge,
and the disposal sites to which it was | 7 |
| transported. This subsection (j)
shall not apply to hazardous | 8 |
| waste.
| 9 |
| (k) Fail or refuse to pay any fee imposed under this Act.
| 10 |
| (l) Locate a hazardous waste disposal site above an active | 11 |
| or
inactive shaft or tunneled mine or within 2 miles of an | 12 |
| active fault in
the earth's crust. In counties of population | 13 |
| less than 225,000 no
hazardous waste disposal site shall be | 14 |
| located (1) within 1 1/2 miles of
the corporate limits as | 15 |
| defined on June 30, 1978, of any municipality
without the | 16 |
| 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 | 18 |
| well or
the existing source of a public water supply measured | 19 |
| from the boundary
of the actual active permitted site and | 20 |
| excluding existing private wells
on the property of the permit | 21 |
| applicant. The provisions of this
subsection do not apply to | 22 |
| publicly-owned sewage works or the disposal
or utilization of | 23 |
| sludge from publicly-owned sewage works.
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| (m) Transfer interest in any land which has been used as a
| 25 |
| hazardous waste disposal site without written notification to | 26 |
| the Agency
of the transfer and to the transferee of the |
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| conditions imposed by the Agency
upon its use under subsection | 2 |
| (g) of Section 39.
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| (n) Use any land which has been used as a hazardous waste
| 4 |
| disposal site except in compliance with conditions imposed by | 5 |
| the Agency
under subsection (g) of Section 39.
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| (o) Conduct a sanitary landfill operation which is required | 7 |
| to have a
permit under subsection (d) of this Section, in a | 8 |
| manner which results in
any of the following conditions:
| 9 |
| (1) refuse in standing or flowing waters;
| 10 |
| (2) leachate flows entering waters of the State;
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| (3) leachate flows exiting the landfill confines (as | 12 |
| determined by the
boundaries established for the landfill | 13 |
| by a permit issued by the Agency);
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| (4) open burning of refuse in violation of Section 9 of | 15 |
| this Act;
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| (5) uncovered refuse remaining from any previous | 17 |
| operating day or at the
conclusion of any operating day, | 18 |
| unless authorized by permit;
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| (6) failure to provide final cover within time limits | 20 |
| established by
Board regulations;
| 21 |
| (7) acceptance of wastes without necessary permits;
| 22 |
| (8) scavenging as defined by Board regulations;
| 23 |
| (9) deposition of refuse in any unpermitted portion of | 24 |
| the landfill;
| 25 |
| (10) acceptance of a special waste without a required | 26 |
| manifest;
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| (11) failure to submit reports required by permits or | 2 |
| Board regulations;
| 3 |
| (12) failure to collect and contain litter from the | 4 |
| site by the end of
each operating day;
| 5 |
| (13) failure to submit any cost estimate for the site | 6 |
| or any performance
bond or other security for the site as | 7 |
| required by this Act or Board rules.
| 8 |
| The prohibitions specified in this subsection (o) shall be | 9 |
| enforceable by
the Agency either by administrative citation | 10 |
| under Section 31.1 of this Act
or as otherwise provided by this | 11 |
| Act. The specific prohibitions in this
subsection do not limit | 12 |
| the power of the Board to establish regulations
or standards | 13 |
| applicable to sanitary landfills.
| 14 |
| (p) In violation of subdivision (a) of this Section, cause | 15 |
| or allow the
open dumping of any waste in a manner which | 16 |
| results in any of the following
occurrences at the dump site:
| 17 |
| (1) litter;
| 18 |
| (2) scavenging;
| 19 |
| (3) open burning;
| 20 |
| (4) deposition of waste in standing or flowing waters;
| 21 |
| (5) proliferation of disease vectors;
| 22 |
| (6) standing or flowing liquid discharge from the dump | 23 |
| site;
| 24 |
| (7) deposition of:
| 25 |
| (i) general construction or demolition debris as | 26 |
| defined in Section
3.160(a) of this Act; or
|
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| (ii) clean construction or demolition debris as | 2 |
| defined in Section
3.160(b) of this Act.
| 3 |
| The prohibitions specified in this subsection (p) shall be
| 4 |
| enforceable by the Agency either by administrative citation | 5 |
| under Section
31.1 of this Act or as otherwise provided by this | 6 |
| Act. The specific
prohibitions in this subsection do not limit | 7 |
| the power of the Board to
establish regulations or standards | 8 |
| applicable to open dumping.
| 9 |
| (q) Conduct a landscape waste composting operation without | 10 |
| an Agency
permit, provided, however, that no permit shall be | 11 |
| required for any person:
| 12 |
| (1) conducting a landscape waste composting operation | 13 |
| for landscape
wastes generated by such person's own | 14 |
| activities which are stored, treated
or disposed of within | 15 |
| the site where such wastes are generated; or
| 16 |
| (2) applying landscape waste or composted landscape | 17 |
| waste at agronomic
rates; or
| 18 |
| (3) operating a landscape waste composting facility on | 19 |
| a farm, if the
facility meets all of the following | 20 |
| criteria:
| 21 |
| (A) the composting facility is operated by the | 22 |
| farmer on property on
which the composting material is | 23 |
| utilized, and the composting facility
constitutes no | 24 |
| more than 2% of the property's total acreage, except | 25 |
| that
the Agency may allow a higher percentage for | 26 |
| individual sites where the owner
or operator has |
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| demonstrated to the Agency that the site's soil
| 2 |
| characteristics or crop needs require a higher rate;
| 3 |
| (B) the property on which the composting facility | 4 |
| is located, and any
associated property on which the | 5 |
| compost is used, is principally and
diligently devoted | 6 |
| to the production of agricultural crops and
is not | 7 |
| owned, leased or otherwise controlled by any waste | 8 |
| hauler
or generator of nonagricultural compost | 9 |
| materials, and the operator of the
composting facility | 10 |
| is not an employee, partner, shareholder, or in any way
| 11 |
| connected with or controlled by any such waste hauler | 12 |
| or generator;
| 13 |
| (C) all compost generated by the composting | 14 |
| facility is applied at
agronomic rates and used as | 15 |
| mulch, fertilizer or soil conditioner on land
actually | 16 |
| farmed by the person operating the composting | 17 |
| facility, and the
finished compost is not stored at the | 18 |
| composting site for a period longer
than 18 months | 19 |
| prior to its application as mulch, fertilizer, or soil | 20 |
| conditioner;
| 21 |
| (D) the owner or operator, by January 1, 1990 (or | 22 |
| the January 1
following commencement of operation, | 23 |
| whichever is later) and January 1 of
each year | 24 |
| thereafter, (i) registers the site with the Agency, | 25 |
| (ii) reports
to the Agency on the volume of composting | 26 |
| material received and used at the
site, (iii) certifies |
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| to the Agency that the site complies with the
| 2 |
| requirements set forth in subparagraphs (A), (B) and | 3 |
| (C) of this paragraph
(q)(3), and (iv) certifies to the | 4 |
| Agency that all composting material was
placed more | 5 |
| than 200 feet from the nearest potable water supply | 6 |
| well, was
placed outside the boundary of the 10-year | 7 |
| floodplain or on a part of the
site that is | 8 |
| floodproofed, was placed at least 1/4 mile from the | 9 |
| nearest
residence (other than a residence located on | 10 |
| the same property as the
facility) and there are not | 11 |
| more than 10 occupied non-farm residences
within 1/2 | 12 |
| mile of the boundaries of the site on the date of | 13 |
| application,
and was placed more than 5 feet above the | 14 |
| water table.
| 15 |
| For the purposes of this subsection (q), "agronomic rates" | 16 |
| means the
application of not more than 20 tons per acre per | 17 |
| year, except that the
Agency may allow a higher rate for | 18 |
| individual sites where the owner or
operator has demonstrated | 19 |
| to the Agency that the site's soil
characteristics or crop | 20 |
| needs require a higher rate.
| 21 |
| (r) Cause or allow the storage or disposal of coal | 22 |
| combustion
waste unless:
| 23 |
| (1) such waste is stored or disposed of at a site or
| 24 |
| facility for which
a permit has been obtained or is not | 25 |
| otherwise required under subsection
(d) of this Section; or
| 26 |
| (2) such waste is stored or disposed of as a part of
|
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| the design and
reclamation of a site or facility which is | 2 |
| an abandoned mine site in
accordance with the Abandoned | 3 |
| Mined Lands and Water Reclamation Act; or
| 4 |
| (3) such waste is stored or disposed of at a site or
| 5 |
| facility which is
operating under NPDES and Subtitle D | 6 |
| permits issued by the Agency pursuant
to regulations | 7 |
| adopted by the Board for mine-related water pollution and
| 8 |
| permits issued pursuant to the Federal Surface Mining | 9 |
| Control and
Reclamation Act of 1977 (P.L. 95-87) or the | 10 |
| rules and regulations
thereunder or any law or rule or | 11 |
| regulation adopted by the State of
Illinois pursuant | 12 |
| thereto, and the owner or operator of the facility agrees
| 13 |
| to accept the waste; and either
| 14 |
| (i) such waste is stored or disposed of in | 15 |
| accordance
with requirements
applicable to refuse | 16 |
| disposal under regulations adopted by the Board for
| 17 |
| mine-related water pollution and pursuant to NPDES and | 18 |
| Subtitle D permits
issued by the Agency under such | 19 |
| regulations; or
| 20 |
| (ii) the owner or operator of the facility | 21 |
| demonstrates all of the
following to the Agency, and | 22 |
| the facility is operated in accordance with
the | 23 |
| demonstration as approved by the Agency: (1) the | 24 |
| disposal area will be
covered in a manner that will | 25 |
| support continuous vegetation, (2) the
facility will | 26 |
| be adequately protected from wind and water erosion, |
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| (3) the
pH will be maintained so as to prevent | 2 |
| excessive leaching of metal ions,
and (4) adequate | 3 |
| containment or other measures will be provided to | 4 |
| protect
surface water and groundwater from | 5 |
| contamination at levels prohibited by
this Act, the | 6 |
| Illinois Groundwater Protection Act, or regulations | 7 |
| adopted
pursuant thereto.
| 8 |
| Notwithstanding any other provision of this Title, the | 9 |
| disposal of coal
combustion waste pursuant to item (2) or (3) | 10 |
| of this
subdivision (r) shall
be exempt from the other | 11 |
| provisions of this Title V, and notwithstanding
the provisions | 12 |
| of Title X of this Act, the Agency is authorized to grant
| 13 |
| experimental permits which include provision for the disposal | 14 |
| of
wastes from the combustion of coal and other materials | 15 |
| pursuant to items
(2) and (3) of this subdivision (r).
| 16 |
| (s) After April 1, 1989, offer for transportation, | 17 |
| transport, deliver,
receive or accept special waste for which a | 18 |
| manifest is required, unless
the manifest indicates that the | 19 |
| fee required under Section 22.8 of this
Act has been paid.
| 20 |
| (t) Cause or allow a lateral expansion of a municipal solid | 21 |
| waste landfill
unit on or after October 9, 1993, without a | 22 |
| permit modification, granted by the
Agency, that authorizes the | 23 |
| lateral expansion.
| 24 |
| (u) Conduct any vegetable by-product treatment, storage, | 25 |
| disposal or
transportation operation in violation of any | 26 |
| regulation, standards or permit
requirements adopted by the |
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| Board under this Act. However, no permit shall be
required | 2 |
| under this Title V for the land application of vegetable | 3 |
| by-products
conducted pursuant to Agency permit issued under | 4 |
| Title III of this Act to
the generator of the vegetable | 5 |
| by-products. In addition, vegetable by-products
may be | 6 |
| transported in this State without a special waste hauling | 7 |
| permit, and
without the preparation and carrying of a manifest.
| 8 |
| (v) (Blank).
| 9 |
| (w) Conduct any generation, transportation, or recycling | 10 |
| of construction or
demolition debris, clean or general, or | 11 |
| painted construction or demolition debris or general fill | 12 |
| uncontaminated soil or restricted fill soil that is generated | 13 |
| during
construction, remodeling, repair, and demolition of | 14 |
| utilities, structures, and
roads that is not commingled with | 15 |
| any waste, without the maintenance of
documentation | 16 |
| identifying the hauler, generator, place of origin of the | 17 |
| debris
or soil, the weight or volume of the debris or soil, and | 18 |
| the location, owner,
and operator of the facility where the | 19 |
| debris or soil was transferred,
disposed, recycled, or treated. | 20 |
| This documentation must be maintained by the
generator, | 21 |
| transporter, or recycler for 3 years.
This subsection (w) shall | 22 |
| not apply to (1) a permitted pollution control
facility that | 23 |
| transfers or accepts construction or demolition debris,
clean | 24 |
| or general, or painted construction or demolition debris or | 25 |
| general fill soil or restricted fill uncontaminated soil for | 26 |
| final disposal, recycling, or
treatment, (2) a public utility |
|
|
|
09600SB1607sam002 |
- 24 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| (as that term is defined in the Public
Utilities Act) or a | 2 |
| municipal utility, (3) the Illinois Department of
| 3 |
| Transportation, or (4) a municipality or a county highway | 4 |
| department, with
the exception of any municipality or county | 5 |
| highway department located within a
county having a population | 6 |
| of over 3,000,000 inhabitants or located in a county
that
is | 7 |
| contiguous to a county having a population of over 3,000,000 | 8 |
| inhabitants , or (5) the Illinois State Toll Highway Authority ;
| 9 |
| but it shall apply to an entity that contracts with a public | 10 |
| utility, a
municipal utility, the Illinois Department of | 11 |
| Transportation, the Illinois State Toll Highway Authority or a
| 12 |
| municipality or a county highway department.
The terms
| 13 |
| "generation" and "recycling" as
used in this subsection do not
| 14 |
| apply to clean construction or demolition debris
when (i) used | 15 |
| as fill material below grade outside of a setback zone
if | 16 |
| covered by sufficient general fill uncontaminated soil to | 17 |
| support vegetation within 30
days of the completion of filling | 18 |
| or if covered by a road or structure, (ii)
solely broken | 19 |
| concrete without
protruding metal bars is used for erosion | 20 |
| control, or (iii) milled
asphalt or crushed concrete is used as | 21 |
| aggregate in construction of the
shoulder of a roadway. The | 22 |
| terms "generation" and "recycling", as used in this
subsection, | 23 |
| do not apply to general fill uncontaminated soil
that is not | 24 |
| commingled with any waste when (i) used as fill material below
| 25 |
| grade or contoured to grade, or (ii) used at the site of | 26 |
| generation.
|
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| (Source: P.A. 93-179, eff. 7-11-03; 94-94, eff. 7-1-05.)
| 2 |
| (415 ILCS 5/22.51)
| 3 |
| Sec. 22.51. Clean Construction or Demolition Debris Fill | 4 |
| Operations. | 5 |
| (a) No person shall conduct any CCDD clean construction or | 6 |
| demolition debris fill operation in violation of this Act or | 7 |
| any regulations or standards adopted by the Board. | 8 |
| (b)(1)(A) Beginning July 19, 2005 30 days after the | 9 |
| effective date of this amendatory Act of the 94th General | 10 |
| Assembly but prior to July 1, 2008, no person shall use CCDD | 11 |
| clean construction or demolition debris as fill material in a | 12 |
| current or former quarry, mine, or other excavation, unless | 13 |
| they have applied for an interim authorization from the Agency | 14 |
| for the CCDD clean construction or demolition debris fill | 15 |
| operation. | 16 |
| (B) The Agency shall approve an interim authorization upon | 17 |
| its receipt of a written application for the interim | 18 |
| authorization that is signed by the site owner and the site | 19 |
| operator, or their duly authorized agent, and that contains the | 20 |
| following information: (i) the location of the site where the | 21 |
| CCDD clean construction or demolition debris fill operation is | 22 |
| taking place, (ii) the name and address of the site owner, | 23 |
| (iii) the name and address of the site operator, and (iv) the | 24 |
| types and amounts of CCDD clean construction or demolition | 25 |
| debris being used as fill material at the site. |
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| (C) The Agency may deny an interim authorization if the | 2 |
| site owner or the site operator, or their duly authorized | 3 |
| agent, fails to provide to the Agency the information listed in | 4 |
| subsection (b)(1)(B) of
this Section. Any denial of an interim | 5 |
| authorization shall be subject to appeal to the Board in | 6 |
| accordance with the procedures of Section 40 of this Act. | 7 |
| (D) No person shall use CCDD clean construction or | 8 |
| demolition debris as fill material in a current or former | 9 |
| quarry, mine, or other excavation for which the Agency has | 10 |
| denied interim authorization under subsection (b)(1)(C) of | 11 |
| this Section. The Board may stay the prohibition of this | 12 |
| subsection (D) during the pendency of an appeal of the Agency's | 13 |
| denial of the interim authorization brought under subsection | 14 |
| (b)(1)(C) of this Section. | 15 |
| (2) Beginning September 1, 2006, owners and
operators of | 16 |
| CCDD clean construction or demolition debris fill operations | 17 |
| shall, in accordance with a schedule prescribed by the Agency, | 18 |
| submit to the Agency applications for the
permits required | 19 |
| under this Section. The Agency shall notify owners and | 20 |
| operators in writing of the due date for their permit | 21 |
| application. The due date shall be no less than 90 days after | 22 |
| the date of the Agency's written notification. Owners and | 23 |
| operators who do not receive a written notification from the | 24 |
| Agency by October 1, 2007, shall submit a permit application to | 25 |
| the Agency by January 1, 2008. The interim authorization of | 26 |
| owners and operators who fail to submit a permit application to |
|
|
|
09600SB1607sam002 |
- 27 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| the Agency by the permit application's due date shall terminate | 2 |
| on (i) the due
date established by the Agency if the owner or | 3 |
| operator received a written notification from the Agency prior | 4 |
| to
October 1, 2007, or (ii) or January 1, 2008, if the owner or | 5 |
| operator did not receive a written notification from the Agency | 6 |
| by October 1, 2007. | 7 |
| (3) On and after July 1, 2008, no person shall use CCDD | 8 |
| clean construction or demolition debris as fill material in a | 9 |
| current or former quarry, mine, or other excavation (i) without | 10 |
| a permit granted by the Agency for the clean construction or | 11 |
| demolition debris fill operation or in violation of any | 12 |
| conditions imposed by such permit, including periodic reports | 13 |
| and full access to adequate records and the inspection of | 14 |
| facilities, as may be necessary to assure compliance with this | 15 |
| Act and with Board regulations and standards adopted under this | 16 |
| Act ; or (ii) in violation of any regulations or standards | 17 |
| adopted by the Board under this Act . | 18 |
| No person shall use restricted fill soil or painted | 19 |
| construction or demolition debris as fill material in a current | 20 |
| or former quarry, mine, or other excavation (i) without a | 21 |
| permit granted by the Agency or in violation of any conditions | 22 |
| imposed by such permit, including periodic reports and full | 23 |
| access to adequate records and the inspection of facilities, as | 24 |
| may be necessary to assure compliance with this Act and with | 25 |
| Board regulations and standards adopted under this Act; or (ii) | 26 |
| in violation of any rules or standards adopted by the Board |
|
|
|
09600SB1607sam002 |
- 28 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| under this Act. | 2 |
| (A) Owners and operators of clean construction or | 3 |
| demolition debris fill operations with a permit issued prior to | 4 |
| the effective date of this amendatory Act of the 96th General | 5 |
| Assembly must, in accordance with a schedule prescribed by the | 6 |
| Agency, submit an application for a permit modification to make | 7 |
| the permit consistent with the requirements of this Section. | 8 |
| The Agency shall notify owners and operators in writing of the | 9 |
| due date for the application. The due date shall be no less | 10 |
| than 90 days after the date of the Agency's written | 11 |
| notification. Owners and operators who do not receive a written | 12 |
| notification from the Agency by April 1, 2010, shall submit | 13 |
| their application for permit modification by July 1, 2010. | 14 |
| Owners and operators seeking a modification that includes the | 15 |
| use of restricted fill soil or painted construction or | 16 |
| demolition debris as fill material may submit their application | 17 |
| for modification prior to the dates set forth in this paragraph | 18 |
| or the schedule prescribed by the Agency. Until a permit | 19 |
| modification is issued, persons required to submit an | 20 |
| application for a permit modification must operate their clean | 21 |
| construction or demolition debris fill operation in accordance | 22 |
| with the requirements of their permit as modified by the | 23 |
| requirements of this Act and Board rules adopted hereunder; | 24 |
| provided that until a permit modification is issued no person | 25 |
| shall use restricted fill soil or painted construction or | 26 |
| demolition debris as fill material without interim |
|
|
|
09600SB1607sam002 |
- 29 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| authorization under subdivision (b)(3)(B) of this Section. | 2 |
| (B) Prior to January 1, 2011, owners and operators of clean | 3 |
| construction or demolition debris fill operations that are | 4 |
| required under subdivision (b)(3)(A) of this Section to submit | 5 |
| an application for a permit modification may use restricted | 6 |
| fill soil or painted construction or demolition debris as fill | 7 |
| material at the clean construction or demolition debris fill | 8 |
| operation if they obtain interim authorization under this | 9 |
| subdivision (b)(3)(B). Within 30 days after receipt of a | 10 |
| complete application for interim authorization that includes | 11 |
| the following information, the Agency shall approve interim | 12 |
| authorization: (i) the owner and the operator of the clean | 13 |
| construction or demolition debris fill operation, (ii) the name | 14 |
| of the clean construction or demolition debris fill operation | 15 |
| and its location, (iii) a copy of the recorded land use | 16 |
| restriction required under subdivision (d)(1) of this Section | 17 |
| and proof of its recording, and (iv) the signatures of the | 18 |
| owner and the operator or their duly authorized agents. The | 19 |
| application for interim authorization must be submitted on a | 20 |
| form and in a format prescribed by the Agency. Persons using | 21 |
| restricted fill soil or painted construction or demolition | 22 |
| debris as fill material under an interim authorization must | 23 |
| comply with the requirements of subdivisions (d)(1) through | 24 |
| (d)(5) of this Section. The interim authorization shall expire | 25 |
| 60 days after the date the Agency approves the application for | 26 |
| interim authorization unless, within those 60 days, the owner |
|
|
|
09600SB1607sam002 |
- 30 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| or operator submits an application for a permit modification | 2 |
| that includes the use of restricted fill soil or painted | 3 |
| construction or demolition debris as fill material. If the | 4 |
| application for permit modification is submitted within those | 5 |
| 60 days, the interim authorization shall expire on the date the | 6 |
| Agency issues its final decision on the application for a | 7 |
| permit modification or, if the Agency's decision is appealed, | 8 |
| the date of final disposition of the appeal. | 9 |
| (C) Beginning January 1, 2011, no person required under | 10 |
| subdivision (b)(3)(A) of this Section to submit an application | 11 |
| for a permit modification shall operate a clean construction or | 12 |
| demolition debris fill operation without a permit modification | 13 |
| granted by the Agency that is consistent with the requirements | 14 |
| of this Section. | 15 |
| (4) This subsection (b) does not apply to: | 16 |
| (A) the use of CCDD, restricted fill soil, or painted | 17 |
| construction or demolition debris clean construction or | 18 |
| demolition debris as fill material in a current or former | 19 |
| quarry, mine, or other excavation located on the site where | 20 |
| the clean construction or demolition debris was generated; | 21 |
| (B) the use of CCDD clean construction or demolition | 22 |
| debris as fill material in an excavation other than a | 23 |
| current or former quarry or mine if this use complies with | 24 |
| Illinois Department of Transportation specifications; or
| 25 |
| (C) current or former quarries, mines, and other | 26 |
| excavations that do not use CCDD, restricted fill soil, or |
|
|
|
09600SB1607sam002 |
- 31 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| painted construction or demolition debris clean | 2 |
| construction or demolition debris as fill material.
| 3 |
| (c) In accordance with Title VII of this Act, the Board may | 4 |
| adopt regulations to promote the purposes of this Section. The | 5 |
| Agency shall consult with the mining and construction | 6 |
| industries during the development of any regulations to promote | 7 |
| the purposes of this Section. | 8 |
| (1) No later than December 15, 2005, the Agency shall | 9 |
| propose to the Board, and no later than September 1, 2006, | 10 |
| the Board shall adopt, regulations for the use of CCDD | 11 |
| clean construction or demolition debris as fill material in | 12 |
| current and former quarries, mines, and other excavations. | 13 |
| Such regulations shall include, but shall not be limited | 14 |
| to, standards for CCDD clean construction or demolition | 15 |
| debris fill operations and the submission and review of | 16 |
| permits required under this Section. | 17 |
| (2) Until the Board adopts rules under subsection | 18 |
| (c)(1) of this Section, all persons using clean | 19 |
| construction or
demolition debris as fill material in a | 20 |
| current or former quarry, mine, or other excavation shall: | 21 |
| (A) Assure that only CCDD clean construction or | 22 |
| demolition debris is being used as fill material by | 23 |
| screening each truckload of material received using a | 24 |
| device approved by the Agency that detects volatile | 25 |
| organic compounds. Such devices may include, but are | 26 |
| not limited to, photo ionization detectors. All |
|
|
|
09600SB1607sam002 |
- 32 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| screening devices shall be operated and maintained in | 2 |
| accordance with manufacturer's specifications. | 3 |
| Unacceptable fill material shall be rejected from the | 4 |
| site; and | 5 |
| (B) Retain for a minimum of 3 years the following | 6 |
| information: | 7 |
| (i) The name of the hauler, the name of the | 8 |
| generator, and place of origin of the debris or | 9 |
| soil; | 10 |
| (ii) The approximate weight or volume of the | 11 |
| debris or soil; and | 12 |
| (iii) The date the debris or soil was received. | 13 |
| (d) To the extent allowed by federal law, the Agency shall, | 14 |
| in a permit or a permit modification granted under this | 15 |
| Section, and in accordance with Sections 39 and 40 of this Act, | 16 |
| authorize the use of restricted fill soil and painted | 17 |
| construction or demolition debris as fill material at a clean | 18 |
| construction or demolition debris fill operation if the | 19 |
| requirements of this subsection (d) are met. To the extent | 20 |
| allowed by federal law, restricted fill soil and painted | 21 |
| construction or demolition debris used as fill material in | 22 |
| accordance with the permit and this Section are not waste. | 23 |
| (1) Before restricted fill soil is used as fill | 24 |
| material at the clean construction or demolition debris | 25 |
| fill operation: (i) a land use restriction that restricts | 26 |
| property use to industrial or commercial uses must be |
|
|
|
09600SB1607sam002 |
- 33 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| recorded in the chain of title for the property on which | 2 |
| the clean construction or demolition debris fill operation | 3 |
| is located and (ii) proof of the recording must be | 4 |
| submitted to the Agency. Upon closure of the clean | 5 |
| construction or demolition debris fill operation, the land | 6 |
| use restriction may be removed if the site is entered into | 7 |
| the Agency's Site Remediation Program and, pursuant to | 8 |
| procedures adopted by the Board, the site is demonstrated | 9 |
| to meet the Tier 1 residential remediation objectives | 10 |
| adopted by the Board pursuant to Title XVII of this Act. | 11 |
| (2) The owner or operator of the clean construction or | 12 |
| demolition debris fill operation must develop and | 13 |
| implement a closure and post-closure care plan that | 14 |
| includes, but is not limited to, the following: | 15 |
| (i) covering all restricted fill soil and painted | 16 |
| construction or demolition debris with a minimum of 10 | 17 |
| feet of general fill soil, or an engineered barrier | 18 |
| approved by the Agency in a permit granted under this | 19 |
| Section, within 180 days after completion of filling or | 20 |
| as approved by the Agency; | 21 |
| (ii) for all buildings at the site on or after | 22 |
| completion of filling, the installation and | 23 |
| maintenance of building control technologies as | 24 |
| approved by the Agency in accordance with Title XVII of | 25 |
| this Act and rules adopted thereunder to prevent indoor | 26 |
| inhalation exposures. |
|
|
|
09600SB1607sam002 |
- 34 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| (3) Painted construction or demolition debris shall | 2 |
| not be used as fill material unless chemical analysis | 3 |
| demonstrates that the paint does not exceed the Class I | 4 |
| Soil Component of the Groundwater Ingestion Exposure Route | 5 |
| Values listed in Table A of 35 Ill. Adm. Code 742, Appendix | 6 |
| B, as amended. Chemical analysis is not required for | 7 |
| pavement markings that conform to Illinois Department of | 8 |
| Transportation specifications. | 9 |
| (4) The owner or operator of the CCDD fill operation | 10 |
| must develop and implement a Receipt Control and Screening | 11 |
| Plan that includes, but is not limited to, the following: | 12 |
| (A) Documentation from the owner or operator | 13 |
| of the site where the
restricted fill soil, general | 14 |
| fill soil, painted construction or demolition | 15 |
| debris, or clean
construction or demolition debris | 16 |
| was removed that contains the following | 17 |
| information for each
load received: (i) location | 18 |
| of the removal site, (ii) the owner of the removal | 19 |
| site, (iii) the site
operator or general | 20 |
| contractor responsible for removal, and (iv) the | 21 |
| hauler of the load. | 22 |
| (B) For all soil, either (i) a certification | 23 |
| from the owner or operator of the site from which | 24 |
| the soil was removed that the site has never been | 25 |
| used for commercial or industrial purposes or (ii) | 26 |
| a certification from a Licensed Professional |
|
|
|
09600SB1607sam002 |
- 35 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| Engineer that the soil is restricted fill soil or | 2 |
| general fill soil. Certifications required under | 3 |
| subdivision (d)(4)(B) of this Section must be on | 4 |
| forms and in a format prescribed by the Agency. | 5 |
| (C) Chemical analysis of paint on painted | 6 |
| construction or demolition debris to confirm that | 7 |
| the paint does not exceed the Class I Soil | 8 |
| Component of the groundwater Ingestion Exposure | 9 |
| Route Values listed in Table A of 35 Ill. Adm. Code | 10 |
| 742, Appendix B, as amended. Chemical analysis is | 11 |
| not required for pavement markings that conform to | 12 |
| Illinois Department of Transportation | 13 |
| specifications. | 14 |
| (D) A visual inspection to confirm that only | 15 |
| restricted fill soil, painted construction or | 16 |
| demolition debris, clean construction or | 17 |
| demolition debris, or general fill soil is being | 18 |
| accepted for use as fill. | 19 |
| (E) Screening of the soil with a photo | 20 |
| ionization detector or a flame ionization | 21 |
| detector, in accordance with procedures approved | 22 |
| by the Agency in the CCDD fill operation permit, to | 23 |
| confirm that the soil is consistent with the | 24 |
| definitions of restricted fill soil or general | 25 |
| fill soil and any chemical analysis used to | 26 |
| determine that the soil is restricted fill soil or |
|
|
|
09600SB1607sam002 |
- 36 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| general fill soil. | 2 |
| (F) Confirmation that the soil was not removed | 3 |
| from a site as a part of a cleanup or removal of | 4 |
| contaminants, including, but not limited to, | 5 |
| activities conducted under the Comprehensive | 6 |
| Environmental Response, Compensation, and | 7 |
| Liability Act of 1980, as amended; as a part of a | 8 |
| Closure or Corrective Action under the Resource | 9 |
| Conservation and Recovery Act, as amended; or | 10 |
| under an Agency remediation program, such as the | 11 |
| Leaking Underground Storage Tank Program or Site | 12 |
| Remediation Program, but excluding sites subject | 13 |
| to Section 58.16 of this Act where there is no | 14 |
| presence or likely presence of a release or a | 15 |
| substantial threat of a release of a regulated | 16 |
| substance at, on, to, or from the real property. | 17 |
| (G) Documentation of all activities conducted | 18 |
| under the Receipt Control and Screening Plan. | 19 |
| Documentation of any chemical analysis must | 20 |
| include, but is not limited to, (i) a copy of the | 21 |
| lab analysis, (ii) accreditation status of the | 22 |
| laboratory performing the analysis, and (iii) | 23 |
| certification by an authorized agent of the | 24 |
| laboratory that the analysis has been performed in | 25 |
| accordance with the Agency's rules for the | 26 |
| accreditation of environmental laboratories and |
|
|
|
09600SB1607sam002 |
- 37 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| the scope of accreditation. Documentation must be | 2 |
| submitted on forms and in a format prescribed by | 3 |
| the Agency. | 4 |
| (5) The owner or operator of the CCDD fill operation | 5 |
| must develop and implement a Testing and Sampling Plan | 6 |
| which ensures that soil used as fill does not exceed the | 7 |
| Class I Soil Component of the Groundwater Ingestion | 8 |
| Exposure Route Values listed in Table A of 35 Ill. Adm. | 9 |
| Code 742, Appendix B, as amended. The Testing and Sampling | 10 |
| Plan must include, but is not limited to, the following: | 11 |
| (A) For every 500 cubic yards of soil used as | 12 |
| fill, a minimum of one representative soil sample | 13 |
| must be screened with an X-ray Fluorescence | 14 |
| Spectroscopy instrument in accordance with | 15 |
| procedures approved by the Agency in the CCDD fill | 16 |
| operation permit. Soil samples must be screened | 17 |
| after the soil is placed as fill at the site. If a | 18 |
| screening sample indicates that soil may exceed | 19 |
| the Class I Soil Component of the Groundwater | 20 |
| Ingestion Exposure Route Values listed in Table A | 21 |
| of 35 Ill. Adm. Code 742, Appendix B, as amended, | 22 |
| then additional representative soil samples must | 23 |
| be collected and analyzed by a laboratory for all | 24 |
| of the chemicals listed in Table A of 35 Ill. Adm. | 25 |
| Code 742, Appendix B, as amended, to determine | 26 |
| whether the soil exceeds the Class I Soil Component |
|
|
|
09600SB1607sam002 |
- 38 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| of the Groundwater Ingestion Exposure Route Values | 2 |
| listed in Table A of 35 Ill. Adm. Code 742, | 3 |
| Appendix B, as amended. All soil that exceeds the | 4 |
| Class I Soil Component of the Groundwater | 5 |
| Ingestion Exposure Route Values listed in Table A | 6 |
| of 35 Ill. Adm. Code 742, Appendix B, as amended, | 7 |
| must be removed and disposed of at a landfill. | 8 |
| (B) In addition to the screening and sampling | 9 |
| required under subdivision (d)(5)(A) of this | 10 |
| Section, for every 2,500 cubic yards of soil used | 11 |
| as fill a minimum of one representative soil sample | 12 |
| must be collected and analyzed by a laboratory for | 13 |
| all of the chemicals listed in Table A of 35 Ill. | 14 |
| Adm. Code 742, Appendix B, as amended, to determine | 15 |
| whether the soil exceeds the Class I Soil Component | 16 |
| of the Groundwater Ingestion Exposure Route Values | 17 |
| listed in Table A of 35 Ill. Adm. Code 742, | 18 |
| Appendix B, as amended. The samples may be combined | 19 |
| into composite
samples as approved by the Agency in | 20 |
| the CCDD fill operation permit. Copies of the | 21 |
| laboratory analytical results must be submitted to | 22 |
| the Agency at least quarterly. The results must be | 23 |
| submitted in a form
and manner prescribed by the | 24 |
| Agency. All soil that exceeds the Class I Soil | 25 |
| Component of the Groundwater Ingestion Exposure | 26 |
| Route Values listed in Table A of 35 Ill. Adm. Code |
|
|
|
09600SB1607sam002 |
- 39 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| 742, Appendix B, as amended, must be removed and | 2 |
| disposed at a landfill. | 3 |
| (d) This Section applies only to clean construction or | 4 |
| demolition debris that is not considered "waste" as provided in | 5 |
| Section 3.160 of this Act. | 6 |
| (e) For purposes of this Section a clean construction or | 7 |
| demolition debris fill operation : | 8 |
| (1) The term "operator" means a person responsible for | 9 |
| the operation and maintenance of a CCDD clean construction | 10 |
| or demolition debris fill operation. | 11 |
| (2) The term "owner" means a person who has any direct | 12 |
| or indirect interest in a CCDD clean construction or | 13 |
| demolition debris fill operation or in land on which a | 14 |
| person operates and maintains a CCDD clean construction or | 15 |
| demolition debris fill operation. A "direct or indirect | 16 |
| interest" does not include the ownership of publicly traded | 17 |
| stock. The "owner" is the "operator" if there is no other | 18 |
| person who is operating and maintaining a CCDD clean | 19 |
| construction or demolition debris fill operation.
| 20 |
| (3) The term "clean construction or demolition debris | 21 |
| fill operation" means a current or former quarry, mine, or | 22 |
| other excavation where clean construction or demolition | 23 |
| debris is used as fill material. | 24 |
| (4) The term "other excavation" does not include holes, | 25 |
| trenches, or similar earth removal created as part of | 26 |
| normal construction, removal, or maintenance of a |
|
|
|
09600SB1607sam002 |
- 40 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| structure, utility, or transportation infrastructure. | 2 |
| (f) Owners and operators of CCDD fill operations that are | 3 |
| not permitted under subsection (d) of this Section to use | 4 |
| restricted fill soil or painted construction or demolition | 5 |
| debris as fill material must do all of the following: | 6 |
| (1) Develop and implement a Receipt Control and | 7 |
| Screening Plan that includes, but is not limited to, the | 8 |
| following: | 9 |
| (A) Documentation from the owner or operator of the | 10 |
| site where the
general fill soil or clean construction | 11 |
| or demolition debris was removed that contains the
| 12 |
| following information for each load received: (i) | 13 |
| location of the removal site; (ii) the owner of the
| 14 |
| removal site; (iii) the site operator or general | 15 |
| contractor responsible for removal; and (iv) the
| 16 |
| hauler of the load. | 17 |
| (B) For all soil, either (i) a certification from | 18 |
| the owner or operator of the site from which the soil | 19 |
| was removed that the site has never been used for | 20 |
| commercial or industrial purposes and is presumed to be | 21 |
| general fill soil, or (ii) a certification from a | 22 |
| Licensed Professional Engineer that the soil is | 23 |
| general fill soil. Certifications required under | 24 |
| subdivision (f)(1)(B) of this Section must be on forms | 25 |
| and in a format prescribed by the Agency. | 26 |
| (C) A visual inspection to confirm that only clean |
|
|
|
09600SB1607sam002 |
- 41 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| construction or demolition debris or general fill soil | 2 |
| is being accepted for use as fill. | 3 |
| (D) Screening of the soil with a photo ionization | 4 |
| detector or a flame ionization detector, in accordance | 5 |
| with procedures approved by the Agency in the CCDD fill | 6 |
| operation permit, to confirm that the soil is | 7 |
| consistent with the definition of general fill soil and | 8 |
| any chemical analysis used to determine that the soil | 9 |
| is general fill soil. | 10 |
| (E) Confirmation that the soil was not removed from | 11 |
| a site as a part of a cleanup or removal of | 12 |
| contaminants, including, but not limited to, | 13 |
| activities conducted under the Comprehensive | 14 |
| Environmental Response, Compensation, and Liability | 15 |
| Act of 1980, as amended; as a part of a Closure or | 16 |
| Corrective Action under the Resource Conservation and | 17 |
| Recovery Act, as amended; or under an Agency | 18 |
| remediation program, such as the Leaking Underground | 19 |
| Storage Tank Program or Site Remediation Program, but | 20 |
| excluding sites subject to Section 58.16 of this Act | 21 |
| where there is no presence or likely presence of a | 22 |
| release or a substantial threat of a release of a | 23 |
| regulated substance at, on, to, or from the real | 24 |
| property. | 25 |
| (F) Documentation of all activities conducted | 26 |
| under the Receipt Control and Screening Plan. |
|
|
|
09600SB1607sam002 |
- 42 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| Documentation of any chemical analysis must include, | 2 |
| but is not limited to, (i) a copy of the lab analysis, | 3 |
| (ii) accreditation status of the laboratory performing | 4 |
| the analysis, and (iii) certification by an authorized | 5 |
| agent of the laboratory that the analysis has been | 6 |
| performed in accordance with the Agency's rules for the | 7 |
| accreditation of environmental laboratories and the | 8 |
| scope of accreditation. Documentation must be | 9 |
| submitted on forms and in a format prescribed by the | 10 |
| Agency. | 11 |
| (2) Develop and implement a Testing and Sampling Plan | 12 |
| which ensures that soil used as fill does not exceed the | 13 |
| most stringent Tier 1 exposure route values adopted by the | 14 |
| Board under Title XVII of this Act. The most stringent Tier | 15 |
| 1 exposure route values adopted by the Board under Title | 16 |
| XVII of this Act shall be determined in the manner set | 17 |
| forth in the definition of general fill soil under Section | 18 |
| 3.508 of this Act. The Testing and Sampling Plan must | 19 |
| include, but is not limited to, all of the following: | 20 |
| (A) For every 2,500 cubic yards of soil used as | 21 |
| fill, a minimum of one representative soil sample must | 22 |
| be collected and analyzed by a laboratory for all of | 23 |
| the chemicals listed in Table A of 35 Ill. Adm. Code | 24 |
| 742, Appendix B, as amended to determine whether the | 25 |
| soil exceeds the most stringent Tier 1 exposure route | 26 |
| values adopted by the Board under Title XVII of this |
|
|
|
09600SB1607sam002 |
- 43 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| Act. The samples may be combined into composite samples | 2 |
| as
approved by the Agency in the CCDD fill operation | 3 |
| permit. Copies of the laboratory analytical results | 4 |
| must be submitted to the Agency in a form and manner to | 5 |
| be determined by the Agency at least quarterly. The | 6 |
| results must be submitted in a
form and manner | 7 |
| prescribed by the Agency. | 8 |
| (B) All soil that exceeds the most stringent Tier 1 | 9 |
| exposure route values adopted by the Board under Title | 10 |
| XVII of this Act must be removed and disposed at a | 11 |
| landfill.
| 12 |
| (3) A closure and post-closure care plan that includes, | 13 |
| but is not limited to, covering, within 90 days after | 14 |
| completion of the filling or as approved by the Agency, all | 15 |
| clean construction or demolition debris with a minimum of 3 | 16 |
| feet of general fill soil, a road, pavement, or structure. | 17 |
| (g) Owners and operators of clean construction or | 18 |
| demolition debris fill operations must maintain all | 19 |
| documentation required under this Section until at least 3 | 20 |
| years after the date of receipt of the restricted fill soil, | 21 |
| painted construction or demolition debris, clean construction | 22 |
| or demolition debris, or general fill soil, except that | 23 |
| documentation relating to an appeal, litigation, or other | 24 |
| disputed claim must be maintained until at least 3 years after | 25 |
| the date of the final disposition of the appeal, litigation, or | 26 |
| other disputed claim. Copies of the documentation must be made |
|
|
|
09600SB1607sam002 |
- 44 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| available to the Agency for inspection and copying during | 2 |
| normal business hours. | 3 |
| Chemical analysis conducted under this Section must be | 4 |
| conducted in accordance with the requirements of 35 Ill. Adm. | 5 |
| Code 742 and "Test Methods for Evaluating Solid Waste, | 6 |
| Physical/Chemical Methods", USEPA Publication No. SW-846, as | 7 |
| amended. | 8 |
| (h) Except at CCDD fill operations permitted under | 9 |
| subsection (d) of this Section to use restricted fill soil as | 10 |
| fill material, no person shall use soil other than general fill | 11 |
| soil as fill material at a CCDD fill operation. At CCDD fill | 12 |
| operations permitted under subsection (d) of this Section to | 13 |
| use restricted fill soil as fill material, no person shall use | 14 |
| soil other than restricted fill soil or general fill soil as | 15 |
| fill material. | 16 |
| (h-5) Except at CCDD fill operations permitted under | 17 |
| subsection (d) of this Section to use painted construction or | 18 |
| demolition debris as fill material, no person shall use | 19 |
| construction or demolition debris other than clean | 20 |
| construction or demolition debris as fill material at a CCDD | 21 |
| fill operation. At CCDD fill operations permitted under | 22 |
| subsection (d) of this Section to use painted construction or | 23 |
| demolition debris as fill material, no person shall use | 24 |
| construction or demolition debris other than painted | 25 |
| construction or demolition debris or clean construction or | 26 |
| demolition debris as fill material. |
|
|
|
09600SB1607sam002 |
- 45 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| (i) No person shall use, or cause or allow the use of, any | 2 |
| site on which a land use restriction has been recorded under | 3 |
| subdivision (d)(1) of this Section in a manner that is | 4 |
| inconsistent with the land use restriction unless the land use | 5 |
| restriction has been removed in accordance with subdivision | 6 |
| (d)(1) of this Section. | 7 |
| (j) After completion of filling at a CCDD fill operation | 8 |
| where restricted fill soil has been used as fill material, no | 9 |
| person shall occupy, or cause or allow the occupancy, of any | 10 |
| building at the site unless the building control technologies | 11 |
| required under subdivision (d)(2) of this Section have been | 12 |
| installed and are maintained. No person shall perform any | 13 |
| activity that disturbs the building controls technologies | 14 |
| unless the site is entered into the Agency's Site Remediation | 15 |
| Program and the activity is approved by the Agency as | 16 |
| consistent with Title XVII of this Act and rules adopted | 17 |
| thereunder. | 18 |
| (l) No person other than the State of Illinois, its | 19 |
| agencies and institutions, or a unit of local government shall | 20 |
| use restricted fill soil or painted construction or demolition | 21 |
| debris as fill material in a current or former quarry, mine, or | 22 |
| other excavation unless that person has posted with the Agency | 23 |
| a performance bond or other security for the purpose of | 24 |
| insuring (i) closure of the site in accordance with this | 25 |
| Section and its regulations and (ii) completion of corrective | 26 |
| action remedies required under this Act and its regulations. |
|
|
|
09600SB1607sam002 |
- 46 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| The amount of the performance bond or other security shall be | 2 |
| directly related to the design and volume of the site. The cost | 3 |
| estimate for the performance bond or other security shall be | 4 |
| calculated using a period of time not to exceed 30 years beyond | 5 |
| closure and may be a shorter period as may be approved or | 6 |
| required by the Agency. Cost estimates shall be in current | 7 |
| dollars. Any moneys forfeited to the State from any performance | 8 |
| bond or other security required under this subsection shall be | 9 |
| placed in the Landfill Closure and Post-Closure Fund and shall, | 10 |
| upon approval by the Governor and the Director, be used by and | 11 |
| under the direction of the Agency for the purposes for which | 12 |
| such performance bond or other security was issued. | 13 |
| The Agency is authorized to enter into such contracts and | 14 |
| agreements as it may deem necessary to carry out the purposes | 15 |
| of this Section. Neither the State, nor the Director, nor any | 16 |
| State employee is liable for any damages or injuries arising | 17 |
| out of or resulting from any action taken under this Section. | 18 |
| Nothing in this Section shall bar a cause of action by the | 19 |
| State for any other penalty or relief provided by this Act or | 20 |
| any other law. | 21 |
| The Agency has the authority to approve or disapprove any | 22 |
| performance bond or other security posted under this subsection | 23 |
| (l). Any person whose performance bond or other security is | 24 |
| disapproved by the Agency may contest the disapproval as a | 25 |
| permit denial appeal under Section 40 of this Act. | 26 |
| (m) The Agency may establish the procedures it deems |
|
|
|
09600SB1607sam002 |
- 47 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| necessary to implement and execute its responsibilities under | 2 |
| this Section. | 3 |
| (Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06 .) | 4 |
| (415 ILCS 5/22.51a new)
| 5 |
| Sec. 22.51a. Soil Fill Operations. This Section applies to | 6 |
| persons using soil as fill material at a soil fill operation. | 7 |
| (a) For purposes of this Section:
| 8 |
| (1) The term "soil fill operation" means a current or | 9 |
| former quarry, mine, or other excavation, other than a | 10 |
| clean construction or demolition debris fill operation as | 11 |
| defined in subdivision (e)(3) of Section 22.51 of this Act, | 12 |
| where soil is used as fill material.
| 13 |
| (2) 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 |
| (b) No person shall:
| 18 |
| (1) Use soil as fill material at a soil fill operation | 19 |
| unless the requirements of this Section are met.
| 20 |
| (2) Use soil other than general fill soil as fill | 21 |
| material at a soil fill operation.
| 22 |
| (3) Use construction or demolition debris, including, | 23 |
| but not limited to, painted construction or demolition | 24 |
| debris and clean construction or demolition debris, as fill | 25 |
| material at a soil fill operation.
|
|
|
|
09600SB1607sam002 |
- 48 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| (c) On and after January 1, 2010, no person shall use soil | 2 |
| as fill material at a soil fill operation unless the owner or | 3 |
| operator of the soil fill operation has notified the Agency of | 4 |
| the soil fill operation. The notice must be submitted on forms | 5 |
| and in a format prescribed by the Agency.
| 6 |
| (d) Owners and operators of soil fill operations must do | 7 |
| all of the following:
| 8 |
| (1) Develop and implement a Receipt Control and | 9 |
| Screening Plan that includes, but is not limited to, the | 10 |
| following:
| 11 |
| (A) For all soil, either (i) a certification from | 12 |
| the owner or operator of the site from which the soil | 13 |
| was removed that the site has never been used for | 14 |
| commercial or industrial purposes or (ii) a | 15 |
| certification from a Licensed Professional Engineer | 16 |
| that the soil is general fill soil. Certifications | 17 |
| required under this subdivision (d)(1)(A) of this | 18 |
| Section must be on forms and in format prescribed by | 19 |
| the Agency.
| 20 |
| (B) A visual inspection to confirm that only | 21 |
| general fill soil is being accepted for use as fill.
| 22 |
| (C) Screening of the soil with a photo ionization | 23 |
| detector or a flame ionization detector to confirm that | 24 |
| the soil is consistent with the definition of general | 25 |
| fill soil and any chemical analysis used to determine | 26 |
| that the soil is general fill soil.
|
|
|
|
09600SB1607sam002 |
- 49 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| (D) Confirmation that the soil was not removed from | 2 |
| a site as a part of the cleanup or removal of | 3 |
| contaminants, including, but not limited to, | 4 |
| activities conducted under the Comprehensive | 5 |
| Environmental Response, Compensation, and Liability | 6 |
| Act of 1980, as amended; as a part of a Closure or | 7 |
| Corrective Action under the Resource Conservation and | 8 |
| Recovery Act, as amended; or under an Agency | 9 |
| remediation program, such as the Leaking Underground | 10 |
| Storage Tank Program or Site Remediation Program, but | 11 |
| excluding sites subject to Section 58.16 of this Act | 12 |
| where there is no presence or likely presence of a | 13 |
| release or a substantial threat of a release of a | 14 |
| regulated substance at, on, to, or from the real | 15 |
| property.
| 16 |
| (E) Documentation of all activities conducted | 17 |
| under the Receipt Control and Screening Plan. | 18 |
| Documentation of any chemical analysis must include, | 19 |
| but is not limited to, (i) a copy of the lab analysis, | 20 |
| (ii) accreditation status of the laboratory performing | 21 |
| the analysis, and (iii) certification by an authorized | 22 |
| agent of the laboratory that the analysis has been | 23 |
| performed in accordance with the Agency's rules for the | 24 |
| accreditation of environmental laboratories and the | 25 |
| scope of accreditation. Documentation must be | 26 |
| submitted on forms and in a format prescribed by the |
|
|
|
09600SB1607sam002 |
- 50 - |
LRB096 09569 JDS 24431 a |
|
| 1 |
| Agency.
| 2 |
| (2) Develop and implement a Testing and Sampling Plan | 3 |
| which ensures that soil used as fill does not exceed the | 4 |
| most stringent Tier 1 exposure route values adopted by the | 5 |
| Board under Title XVII of this Act. The most stringent Tier | 6 |
| 1 exposure route values adopted by the Board under Title | 7 |
| XVII of this Act shall be determined in the manner set | 8 |
| forth in the definition of general fill soil under Section | 9 |
| 3.508 of this Act. The Testing and Sampling Plan must | 10 |
| include, but is not limited to, the following: | 11 |
| (A) For every 5,000 cubic yards of soil used as | 12 |
| fill, a minimum of one representative soil sample must | 13 |
| be collected and analyzed by a laboratory for all of | 14 |
| the chemicals listed in Table A of 35 Ill. Adm. Code | 15 |
| 742, Appendix B, as amended to determine whether the | 16 |
| soil exceeds the most stringent Tier 1 exposure route | 17 |
| values adopted by the Board under Title XVII of this | 18 |
| Act. The samples may be combined into
composite samples | 19 |
| as approved by the Agency. Copies of the laboratory | 20 |
| analytical results must be submitted to the Agency at | 21 |
| least quarterly. The results must be submitted in a
| 22 |
| form and manner prescribed by the Agency. | 23 |
| (B) All soil that exceeds the most stringent Tier 1 | 24 |
| exposure route values adopted by the Board under Title | 25 |
| XVII of this Act must be removed and disposed of at a | 26 |
| landfill.
|
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| (e) Owners and operators of soil fill operations must | 2 |
| maintain all documentation required under this Section until at | 3 |
| least 3 years after the date of receipt of the soil, except | 4 |
| that documentation relating to an appeal, litigation, or other | 5 |
| disputed claim must be maintained until at least 3 years after | 6 |
| the date of the final disposition of the appeal, litigation, or | 7 |
| other disputed claim. Copies of the documentation must be made | 8 |
| available to the Agency for inspection and copying during | 9 |
| normal business hours. | 10 |
| Chemical analysis conducted under this Section must be | 11 |
| conducted in accordance with the requirements of 35 Ill. Adm. | 12 |
| Code 742, as amended, and "Test Methods for Evaluating Solid | 13 |
| Waste, Physical/Chemical Methods", USEPA Publication No. | 14 |
| SW-846, as amended. | 15 |
| (415 ILCS 5/22.54 new)
| 16 |
| Sec. 22.54. Intergovernmental agreements. Notwithstanding | 17 |
| any other provisions of this Act, to the extent allowed by | 18 |
| federal law the Agency may, through intergovernmental | 19 |
| agreements, authorize reuse of soil and clean construction or | 20 |
| demolition debris by State agencies, or by counties with a | 21 |
| population of 3,000,000 or more, or by units of local | 22 |
| government located in a county with a population of 3,000,000 | 23 |
| or more, as long as the reuse is protective of human health and | 24 |
| the environment. | 25 |
| To the extent allowed by federal law, no permit is required |
|
|
|
09600SB1607sam002 |
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|
| 1 |
| for the reuse of soil or clean construction or demolition | 2 |
| debris under agreements entered into under this Section. To the | 3 |
| extent allowed by federal law, soil and clean construction or | 4 |
| demolition debris reused under agreements entered into under | 5 |
| this Section are not waste. Intergovernmental Agreements are | 6 |
| not required for the purpose of reuse of general fill soil or | 7 |
| for the purpose of reuse of soil or clean construction or | 8 |
| demolition debris on the site from which it was removed.
| 9 |
| (415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)
| 10 |
| Sec. 31.1. Administrative citation.
| 11 |
| (a) The prohibitions specified in subsections (o) and (p) | 12 |
| of
Section 21 and in Sections 22.51 and 22.51a of this Act | 13 |
| shall be enforceable either by administrative
citation under | 14 |
| this Section or as otherwise provided by this Act.
| 15 |
| (b) Whenever Agency personnel or personnel of a unit of | 16 |
| local government to
which the Agency has delegated its | 17 |
| functions pursuant to subsection (r) of
Section 4 of this Act, | 18 |
| on the basis of direct observation, determine that any
person | 19 |
| has violated any provision of subsection (o) or (p) of Section
| 20 |
| 21 or any provision of Section 22.51 or 22.51a of this Act, the | 21 |
| Agency or such unit of local government may issue and serve
an | 22 |
| administrative citation upon such person within not more than | 23 |
| 60 days after
the date of the observed violation. Each such | 24 |
| citation issued shall be served
upon the person named therein | 25 |
| or such person's authorized agent for service of
process, and |
|
|
|
09600SB1607sam002 |
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|
| 1 |
| shall include the following information:
| 2 |
| (1) a statement specifying the provisions of | 3 |
| subsection (o) or (p)
of Section 21 or the provisions of | 4 |
| Section 22.51 or 22.51a of which the person was observed to | 5 |
| be in violation;
| 6 |
| (2) a copy of the inspection report in which the Agency | 7 |
| or local
government recorded the violation, which report | 8 |
| shall include the date and
time of inspection, and weather | 9 |
| conditions prevailing during the inspection;
| 10 |
| (3) the penalty imposed by subdivision (b)(4) , or | 11 |
| (b)(4-5) , or (b)(6) of Section
42 for such violation;
| 12 |
| (4) instructions for contesting the administrative | 13 |
| citation findings
pursuant to this Section, including | 14 |
| notification that the person has 35
days within which to | 15 |
| file a petition for review before the Board to contest
the | 16 |
| administrative citation; and
| 17 |
| (5) an affidavit by the personnel observing the | 18 |
| violation, attesting to
their material actions and | 19 |
| observations.
| 20 |
| (c) The Agency or unit of local government shall file a | 21 |
| copy of each
administrative citation served under subsection | 22 |
| (b) of this Section with
the Board no later than 10 days after | 23 |
| the date of service.
| 24 |
| (d) (1) If the person named in the administrative citation | 25 |
| fails to
petition the Board for review within 35 days from the | 26 |
| date of service, the
Board shall adopt a final order, which |
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| shall include the administrative
citation and findings of | 2 |
| violation as alleged in the citation, and shall impose
the | 3 |
| penalty specified in subdivision (b)(4) , or (b)(4-5) , or (b)(6) | 4 |
| of Section 42.
| 5 |
| (2) If a petition for review is filed before the Board to | 6 |
| contest an
administrative citation issued under subsection (b) | 7 |
| of this Section, the
Agency or unit of local government shall | 8 |
| appear as a complainant at a
hearing before the Board to be | 9 |
| conducted pursuant to Section 32 of this Act
at a time not less | 10 |
| than 21 days after notice of such hearing has
been sent by the | 11 |
| Board to the Agency or unit of local government and the
person | 12 |
| named in the citation. In such hearings, the burden of proof | 13 |
| shall be
on the Agency or unit of local government. If, based | 14 |
| on the record, the Board
finds that the alleged violation | 15 |
| occurred, it shall adopt a final order which
shall include the | 16 |
| administrative citation and findings of violation as alleged
in | 17 |
| the citation, and shall impose the penalty specified in | 18 |
| subdivision (b)(4) ,
or (b)(4-5) , or (b)(6) of Section 42. | 19 |
| However, if the Board finds that the person
appealing the | 20 |
| citation has shown that the violation resulted from
| 21 |
| uncontrollable circumstances, the Board shall adopt a final | 22 |
| order which makes
no finding of violation and which imposes no | 23 |
| penalty.
| 24 |
| (e) Sections 10-25 through 10-60 of the Illinois | 25 |
| Administrative Procedure
Act shall not apply to any | 26 |
| administrative citation issued under subsection (b)
of this |
|
|
|
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|
| 1 |
| Section.
| 2 |
| (f) The other provisions of this Section shall not apply to | 3 |
| a sanitary
landfill operated by a unit of local government | 4 |
| solely for the purpose of
disposing of water and sewage | 5 |
| treatment plant sludges, including necessary
stabilizing | 6 |
| materials.
| 7 |
| (g) All final orders issued and entered by the Board | 8 |
| pursuant to this
Section shall be enforceable by injunction, | 9 |
| mandamus or other appropriate
remedy, in accordance with | 10 |
| Section 42 of this Act.
| 11 |
| (Source: P.A. 92-16, eff. 6-28-01.)
| 12 |
| (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
| 13 |
| Sec. 42. Civil penalties.
| 14 |
| (a) Except as provided in this Section, any person that | 15 |
| violates any
provision of this Act or any regulation adopted by | 16 |
| the Board, or any permit
or term or condition thereof, or that | 17 |
| violates any order of the Board pursuant
to this Act, shall be | 18 |
| liable for a civil penalty of not to exceed
$50,000 for the | 19 |
| violation and an additional civil penalty of not to exceed
| 20 |
| $10,000 for each day during which the violation continues; such | 21 |
| penalties may,
upon order of the Board or a court of competent | 22 |
| jurisdiction, be made payable
to the Environmental Protection | 23 |
| Trust Fund, to be used in accordance with the
provisions of the | 24 |
| Environmental Protection Trust Fund Act.
| 25 |
| (b) Notwithstanding the provisions of subsection (a) of |
|
|
|
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|
| 1 |
| this Section:
| 2 |
| (1) Any person that violates Section 12(f) of this Act | 3 |
| or any
NPDES permit or term or condition thereof, or any | 4 |
| filing requirement,
regulation or order relating to the | 5 |
| NPDES permit program, shall be liable
to a civil penalty of | 6 |
| not to exceed $10,000 per day of violation.
| 7 |
| (2) Any person that violates Section 12(g) of this Act | 8 |
| or any UIC permit
or term or condition thereof, or any | 9 |
| filing requirement, regulation or order
relating to the | 10 |
| State UIC program for all wells, except Class II wells as
| 11 |
| defined by the Board under this Act, shall be liable to a | 12 |
| civil penalty
not to exceed $2,500 per day of violation; | 13 |
| provided, however, that any person
who commits such | 14 |
| violations relating to the State UIC program for Class
II | 15 |
| wells, as defined by the Board under this Act, shall be | 16 |
| liable to a civil
penalty of not to exceed $10,000 for the | 17 |
| violation and an additional civil
penalty of not to exceed | 18 |
| $1,000 for each day during which the violation
continues.
| 19 |
| (3) Any person that violates Sections 21(f), 21(g), | 20 |
| 21(h) or 21(i) of
this Act, or any RCRA permit or term or | 21 |
| condition thereof, or any filing
requirement, regulation | 22 |
| or order relating to the State RCRA program, shall
be | 23 |
| liable to a civil penalty of not to exceed $25,000 per day | 24 |
| of violation.
| 25 |
| (4)
In an administrative citation action under Section | 26 |
| 31.1 of this Act,
any person found to have violated any |
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| provision of subsection (o) of
Section 21 of this Act shall | 2 |
| pay a civil penalty of $500 for each
violation of each such | 3 |
| provision, plus any hearing costs incurred by the Board
and | 4 |
| the Agency. Such penalties shall be made payable to the | 5 |
| Environmental
Protection Trust Fund, to be used in | 6 |
| accordance with the provisions of the
Environmental | 7 |
| Protection Trust Fund Act; except that if a unit of local
| 8 |
| government issued the administrative citation, 50% of the | 9 |
| civil penalty shall
be payable to the unit of local | 10 |
| government.
| 11 |
| (4-5) In an administrative citation action under | 12 |
| Section 31.1 of this
Act, any person found to have violated | 13 |
| any
provision of subsection (p) of
Section 21 of this Act | 14 |
| shall pay a civil penalty of $1,500 for each violation
of
| 15 |
| each such provision, plus any hearing costs incurred by the | 16 |
| Board and the
Agency, except that the civil penalty amount | 17 |
| shall be $3,000 for
each violation of any provision of | 18 |
| subsection (p) of Section 21 that is the
person's second or | 19 |
| subsequent adjudication violation of that
provision. The | 20 |
| penalties shall be deposited into the
Environmental | 21 |
| Protection Trust Fund, to be used in accordance with the
| 22 |
| provisions of the Environmental Protection Trust Fund Act; | 23 |
| except that if a
unit of local government issued the | 24 |
| administrative citation, 50% of the civil
penalty shall be | 25 |
| payable to the unit of local government.
| 26 |
| (5) Any person who violates subsection 6 of Section |
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| 39.5 of this Act
or any CAAPP permit, or term or condition | 2 |
| thereof, or any fee or filing
requirement, or any duty to | 3 |
| allow or carry out inspection, entry or
monitoring | 4 |
| activities, or any regulation or order relating to the | 5 |
| CAAPP
shall be liable for a civil penalty not to exceed | 6 |
| $10,000 per day of violation.
| 7 |
| (6) In an administrative citation action under Section | 8 |
| 31.1 of this Act, any person without a permit issued under | 9 |
| Section 22.51 of this Act that is found to have violated | 10 |
| any provision of Section 22.51 of this Act shall pay a | 11 |
| civil penalty of $1,500 for each violation of each | 12 |
| provision, plus any hearing costs incurred by the Board and | 13 |
| the Agency, except that the civil penalty amount shall be | 14 |
| $3,000 for each violation of any provision of Section 22.51 | 15 |
| that is the person's second or subsequent adjudicated | 16 |
| violation of that provision. Any person with a permit | 17 |
| issued under Section 22.51 of this Act that is found to | 18 |
| have violated any provision of Section 22.51 or the permit, | 19 |
| or any person that is found to have violated Section 22.51a | 20 |
| of this Act, shall pay a civil penalty of $1,000 for each | 21 |
| violation of each provision, plus any hearing costs | 22 |
| incurred by the Board and the Agency, except that the civil | 23 |
| penalty amount shall be $2,000 for each violation of any | 24 |
| provision of Section 22.51, the permit, or Section 22.51a, | 25 |
| that is the person's second or subsequent adjudicated | 26 |
| violation of that provision. The penalties shall be |
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| deposited into the Environmental Protection Trust Fund, to | 2 |
| be used in accordance with the provisions of the | 3 |
| Environmental Protection Trust Fund Act; except that if a | 4 |
| delegated unit of local government issued the | 5 |
| administrative citation, 50% of the civil penalty shall be | 6 |
| payable to the unit of local government. | 7 |
| (b.5) In lieu of the penalties set forth in subsections (a) | 8 |
| and (b) of
this Section, any person who fails to file, in a | 9 |
| timely manner, toxic
chemical release forms with the Agency | 10 |
| pursuant to Section 25b-2
of this Act
shall be liable for a | 11 |
| civil penalty of $100 per day for
each day the forms are
late, | 12 |
| not to exceed a maximum total penalty of $6,000. This daily | 13 |
| penalty
shall begin accruing on the thirty-first day after the
| 14 |
| date that the person receives the warning notice issued by the | 15 |
| Agency pursuant
to Section 25b-6 of this Act; and the penalty | 16 |
| shall be paid to the Agency. The
daily accrual of penalties | 17 |
| shall cease as of January 1 of the following year.
All | 18 |
| penalties collected by the Agency pursuant to this subsection | 19 |
| shall be
deposited into the Environmental Protection Permit and | 20 |
| Inspection Fund.
| 21 |
| (c) Any person that violates this Act, any rule or | 22 |
| regulation adopted under
this Act, any permit or term or | 23 |
| condition of a permit, or any Board order and
causes the death | 24 |
| of fish
or aquatic life shall, in addition to the other | 25 |
| penalties provided by
this Act, be liable to pay to the State | 26 |
| an additional sum for the
reasonable value of the fish or |
|
|
|
09600SB1607sam002 |
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|
| 1 |
| aquatic life destroyed. Any money so
recovered shall be placed | 2 |
| in the Wildlife and Fish Fund in the State
Treasury.
| 3 |
| (d) The penalties provided for in this Section may be | 4 |
| recovered in a
civil action.
| 5 |
| (e) The State's Attorney of the county in which the | 6 |
| violation
occurred, or the Attorney General, may, at the | 7 |
| request of the Agency or
on his own motion, institute a civil | 8 |
| action for an injunction, prohibitory or mandatory, to
restrain | 9 |
| violations of this Act, any rule or regulation adopted under | 10 |
| this Act,
any permit or term or condition of a permit, or any | 11 |
| Board order, or to require such other actions as may be | 12 |
| necessary to address violations of this Act, any rule or | 13 |
| regulation adopted under this Act, any permit or term or | 14 |
| condition of a permit, or any Board order.
| 15 |
| (f) The State's Attorney of the county in which the | 16 |
| violation
occurred, or the Attorney General, shall bring such | 17 |
| actions in the name
of the people of the State of Illinois.
| 18 |
| Without limiting any other authority which may exist for the | 19 |
| awarding
of attorney's fees and costs, the Board or a court of | 20 |
| competent
jurisdiction may award costs and reasonable | 21 |
| attorney's fees, including the
reasonable costs of expert | 22 |
| witnesses and consultants, to the State's
Attorney or the | 23 |
| Attorney General in a case where he has prevailed against a
| 24 |
| person who has committed a wilful, knowing or repeated | 25 |
| violation of this Act,
any rule or regulation adopted under | 26 |
| this Act, any permit or term or condition
of a permit, or any |
|
|
|
09600SB1607sam002 |
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|
| 1 |
| Board order.
| 2 |
| Any funds collected under this subsection (f) in which the | 3 |
| Attorney
General has prevailed shall be deposited in the
| 4 |
| Hazardous Waste Fund created in Section 22.2 of this Act. Any | 5 |
| funds
collected under this subsection (f) in which a State's | 6 |
| Attorney has
prevailed shall be retained by the county in which | 7 |
| he serves.
| 8 |
| (g) All final orders imposing civil penalties pursuant to | 9 |
| this Section
shall prescribe the time for payment of such | 10 |
| penalties. If any such
penalty is not paid within the time | 11 |
| prescribed, interest on such penalty
at the rate set forth in | 12 |
| subsection (a) of Section 1003 of the Illinois Income
Tax Act, | 13 |
| shall be paid for the period from the date payment is due until | 14 |
| the
date payment is received. However, if the time for payment | 15 |
| is stayed during
the pendency of an appeal, interest shall not | 16 |
| accrue during such stay.
| 17 |
| (h) In determining the appropriate civil penalty to be | 18 |
| imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), or | 19 |
| (b)(5) of this
Section, the Board is authorized to consider any | 20 |
| matters of record in
mitigation or aggravation of penalty, | 21 |
| including but not limited to the
following factors:
| 22 |
| (1) the duration and gravity of the violation;
| 23 |
| (2) the presence or absence of due diligence on the | 24 |
| part of the
respondent in attempting to comply with | 25 |
| requirements of this
Act and regulations thereunder or to | 26 |
| secure relief therefrom as provided by
this Act;
|
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| (3) any economic benefits accrued by the respondent
| 2 |
| because of delay in compliance with requirements, in which | 3 |
| case the economic
benefits shall be determined by the | 4 |
| lowest cost alternative for achieving
compliance;
| 5 |
| (4) the amount of monetary penalty which will serve to | 6 |
| deter further
violations by the respondent and to otherwise | 7 |
| aid in enhancing
voluntary
compliance with this Act by the | 8 |
| respondent and other persons
similarly
subject to the Act;
| 9 |
| (5) the number, proximity in time, and gravity of | 10 |
| previously
adjudicated violations of this Act by the | 11 |
| respondent;
| 12 |
| (6) whether the respondent voluntarily self-disclosed, | 13 |
| in accordance
with subsection (i) of this Section, the | 14 |
| non-compliance to the Agency; and
| 15 |
| (7) whether the respondent has agreed to undertake a | 16 |
| "supplemental
environmental project," which means an | 17 |
| environmentally beneficial project that
a respondent | 18 |
| agrees to undertake in settlement of an enforcement action | 19 |
| brought
under this Act, but which the respondent is not | 20 |
| otherwise legally required to
perform.
| 21 |
| In determining the appropriate civil penalty to be imposed | 22 |
| under subsection
(a) or paragraph (1), (2), (3), or (5) of | 23 |
| subsection (b) of this Section, the
Board shall ensure, in all | 24 |
| cases, that the penalty is at least as great as the
economic | 25 |
| benefits, if any, accrued by the respondent as a result of the
| 26 |
| violation, unless the Board finds that imposition of such |
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| penalty would result
in an arbitrary or unreasonable financial | 2 |
| hardship. However, such civil
penalty
may be off-set in whole | 3 |
| or in part pursuant to a supplemental
environmental project | 4 |
| agreed to by the complainant and the respondent.
| 5 |
| (i) A person who voluntarily self-discloses non-compliance | 6 |
| to the Agency,
of which the Agency had been unaware, is | 7 |
| entitled to a 100% reduction in the
portion of the penalty that | 8 |
| is not based on the economic benefit of
non-compliance if the | 9 |
| person can
establish the following:
| 10 |
| (1) that the non-compliance was discovered through an | 11 |
| environmental
audit or a compliance management system | 12 |
| documented by the regulated entity as
reflecting the | 13 |
| regulated entity's due diligence in preventing, detecting, | 14 |
| and
correcting violations;
| 15 |
| (2) that the non-compliance was disclosed in writing | 16 |
| within 30 days of
the date on which the person discovered | 17 |
| it;
| 18 |
| (3) that the non-compliance was discovered and | 19 |
| disclosed prior to:
| 20 |
| (i) the commencement of an Agency inspection, | 21 |
| investigation, or request
for information;
| 22 |
| (ii) notice of a citizen suit;
| 23 |
| (iii) the filing of a complaint by a citizen, the | 24 |
| Illinois Attorney
General, or the State's Attorney of | 25 |
| the county in which the violation occurred;
| 26 |
| (iv) the reporting of the non-compliance by an |
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| employee of the person
without that person's | 2 |
| knowledge; or
| 3 |
| (v) imminent discovery of the non-compliance by | 4 |
| the Agency;
| 5 |
| (4) that the non-compliance is being corrected and any | 6 |
| environmental
harm is being remediated in a timely fashion;
| 7 |
| (5) that the person agrees to prevent a recurrence of | 8 |
| the non-compliance;
| 9 |
| (6) that no related non-compliance events have | 10 |
| occurred in the
past 3 years at the same facility or in the | 11 |
| past 5 years as part of a
pattern at multiple facilities | 12 |
| owned or operated by the person;
| 13 |
| (7) that the non-compliance did not result in serious | 14 |
| actual
harm or present an imminent and substantial | 15 |
| endangerment to human
health or the environment or violate | 16 |
| the specific terms of any judicial or
administrative order | 17 |
| or consent agreement;
| 18 |
| (8) that the person cooperates as reasonably requested | 19 |
| by the Agency
after the disclosure; and
| 20 |
| (9) that the non-compliance was identified voluntarily | 21 |
| and not through a
monitoring, sampling, or auditing | 22 |
| procedure that is required by statute, rule,
permit, | 23 |
| judicial or administrative order, or consent agreement.
| 24 |
| If a person can establish all of the elements under this | 25 |
| subsection except
the element set forth in paragraph (1) of | 26 |
| this subsection, the person is
entitled to a 75% reduction in |
|
|
|
09600SB1607sam002 |
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LRB096 09569 JDS 24431 a |
|
| 1 |
| the portion of the penalty that is not based
upon the economic | 2 |
| benefit of non-compliance.
| 3 |
| (j) In addition to an other remedy or penalty that may
| 4 |
| apply, whether civil or criminal, any person who violates | 5 |
| Section 22.52 of this Act shall be liable for an additional | 6 |
| civil penalty of up to 3 times the gross amount of any | 7 |
| pecuniary gain resulting from the violation.
| 8 |
| (Source: P.A. 94-272, eff. 7-19-05; 94-580, eff. 8-12-05; | 9 |
| 95-331, eff. 8-21-07.)
| 10 |
| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
|
|