Full Text of HB3371 97th General Assembly
HB3371eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Sections 22.51 and 22.51a as follows: | 6 | | (415 ILCS 5/22.51)
| 7 | | Sec. 22.51. Clean Construction or Demolition Debris Fill | 8 | | Operations. | 9 | | (a) No person shall conduct any clean construction or | 10 | | demolition debris fill operation in violation of this Act or | 11 | | any regulations or standards adopted by the Board. | 12 | | (b)(1)(A) Beginning August 18, 2005 but prior to July 1, | 13 | | 2008, no person shall use clean construction or demolition | 14 | | debris as fill material in a current or former quarry, mine, or | 15 | | other excavation, unless they have applied for an interim | 16 | | authorization from the Agency for the clean construction or | 17 | | demolition debris fill operation. | 18 | | (B) The Agency shall approve an interim authorization upon | 19 | | its receipt of a written application for the interim | 20 | | authorization that is signed by the site owner and the site | 21 | | operator, or their duly authorized agent, and that contains the | 22 | | following information: (i) the location of the site where the | 23 | | clean construction or demolition debris fill operation is |
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| 1 | | taking place, (ii) the name and address of the site owner, | 2 | | (iii) the name and address of the site operator, and (iv) the | 3 | | types and amounts of clean construction or demolition debris | 4 | | being used as fill material at the site. | 5 | | (C) The Agency may deny an interim authorization if the | 6 | | site owner or the site operator, or their duly authorized | 7 | | agent, fails to provide to the Agency the information listed in | 8 | | subsection (b)(1)(B) of
this Section. Any denial of an interim | 9 | | authorization shall be subject to appeal to the Board in | 10 | | accordance with the procedures of Section 40 of this Act. | 11 | | (D) No person shall use clean construction or demolition | 12 | | debris as fill material in a current or former quarry, mine, or | 13 | | other excavation for which the Agency has denied interim | 14 | | authorization under subsection (b)(1)(C) of this Section. The | 15 | | Board may stay the prohibition of this subsection (D) during | 16 | | the pendency of an appeal of the Agency's denial of the interim | 17 | | authorization brought under subsection (b)(1)(C) of this | 18 | | Section. | 19 | | (2) Beginning September 1, 2006, owners and
operators of | 20 | | clean construction or demolition debris fill operations shall, | 21 | | in accordance with a schedule prescribed by the Agency, submit | 22 | | to the Agency applications for the
permits required under this | 23 | | Section. The Agency shall notify owners and operators in | 24 | | writing of the due date for their permit application. The due | 25 | | date shall be no less than 90 days after the date of the | 26 | | Agency's written notification. Owners and operators who do not |
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| 1 | | receive a written notification from the Agency by October 1, | 2 | | 2007, shall submit a permit application to the Agency by | 3 | | January 1, 2008. The interim authorization of owners and | 4 | | operators who fail to submit a permit application to the Agency | 5 | | by the permit application's due date shall terminate on (i) the | 6 | | due
date established by the Agency if the owner or operator | 7 | | received a written notification from the Agency prior to
| 8 | | October 1, 2007, or (ii) or January 1, 2008, if the owner or | 9 | | operator did not receive a written notification from the Agency | 10 | | by October 1, 2007. | 11 | | (3) On and after July 1, 2008, no person shall use clean | 12 | | construction or demolition debris as fill material in a current | 13 | | or former quarry, mine, or other excavation (i) without a | 14 | | permit granted by the Agency for the clean construction or | 15 | | demolition debris fill operation or in violation of any | 16 | | conditions imposed by such permit, including periodic reports | 17 | | and full access to adequate records and the inspection of | 18 | | facilities, as may be necessary to assure compliance with this | 19 | | Act and with Board regulations and standards adopted under this | 20 | | Act or (ii) in violation of any regulations or standards | 21 | | adopted by the Board under this Act. | 22 | | (4) This subsection (b) does not apply to: | 23 | | (A) the use of clean construction or demolition debris | 24 | | as fill material in a current or former quarry, mine, or | 25 | | other excavation located on the site where the clean | 26 | | construction or demolition debris was generated; |
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| 1 | | (B) the use of clean construction or demolition debris | 2 | | as fill material in an excavation other than a current or | 3 | | former quarry or mine if this use complies with Illinois | 4 | | Department of Transportation specifications; or
| 5 | | (C) current or former quarries, mines, and other | 6 | | excavations that do not use clean construction or | 7 | | demolition debris as fill material.
| 8 | | (c) In accordance with Title VII of this Act, the Board may | 9 | | adopt regulations to promote the purposes of this Section. The | 10 | | Agency shall consult with the mining and construction | 11 | | industries during the development of any regulations to promote | 12 | | the purposes of this Section. | 13 | | (1) No later than December 15, 2005, the Agency shall | 14 | | propose to the Board, and no later than September 1, 2006, | 15 | | the Board shall adopt, regulations for the use of clean | 16 | | construction or demolition debris as fill material in | 17 | | current and former quarries, mines, and other excavations. | 18 | | Such regulations shall include, but shall not be limited | 19 | | to, standards for clean construction or demolition debris | 20 | | fill operations and the submission and review of permits | 21 | | required under this Section. | 22 | | (2) Until the Board adopts rules under subsection | 23 | | (c)(1) of this Section, all persons using clean | 24 | | construction or
demolition debris as fill material in a | 25 | | current or former quarry, mine, or other excavation shall: | 26 | | (A) Assure that only clean construction or |
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| 1 | | demolition debris is being used as fill material by | 2 | | screening each truckload of material received using a | 3 | | device approved by the Agency that detects volatile | 4 | | organic compounds. Such devices may include, but are | 5 | | not limited to, photo ionization detectors. All | 6 | | screening devices shall be operated and maintained in | 7 | | accordance with manufacturer's specifications. | 8 | | Unacceptable fill material shall be rejected from the | 9 | | site; and | 10 | | (B) Retain for a minimum of 3 years the following | 11 | | information: | 12 | | (i) The name of the hauler, the name of the | 13 | | generator, and place of origin of the debris or | 14 | | soil; | 15 | | (ii) The approximate weight or volume of the | 16 | | debris or soil; and | 17 | | (iii) The date the debris or soil was received. | 18 | | (d) This Section applies only to clean construction or | 19 | | demolition debris that is not considered "waste" as provided in | 20 | | Section 3.160 of this Act. | 21 | | (e) For purposes of this Section: | 22 | | (1) The term "operator" means a person responsible for | 23 | | the operation and maintenance of a clean construction or | 24 | | demolition debris fill operation. | 25 | | (2) The term "owner" means a person who has any direct | 26 | | or indirect interest in a clean construction or demolition |
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| 1 | | debris fill operation or in land on which a person operates | 2 | | and maintains a clean construction or demolition debris | 3 | | fill operation. A "direct or indirect interest" does not | 4 | | include the ownership of publicly traded stock. The "owner" | 5 | | is the "operator" if there is no other person who is | 6 | | operating and maintaining a clean construction or | 7 | | demolition debris fill operation.
| 8 | | (3) The term "clean construction or demolition debris | 9 | | fill operation" means a current or former quarry, mine, or | 10 | | other excavation where clean construction or demolition | 11 | | debris is used as fill material. | 12 | | (4) The term "uncontaminated soil" shall have the same | 13 | | meaning as uncontaminated soil under Section 3.160 of this | 14 | | Act. | 15 | | (f)(1) No later than one year after the effective date of | 16 | | this amendatory Act of the 96th General Assembly, the Agency | 17 | | shall propose to the Board, and, no later than one year after | 18 | | the Board's receipt of the Agency's proposal, the Board shall | 19 | | adopt, rules for the use of clean construction or demolition | 20 | | debris and uncontaminated soil as fill material at clean | 21 | | construction or demolition debris fill operations. The rules | 22 | | must include standards and procedures necessary to protect | 23 | | groundwater, which may include, but shall not be limited to, | 24 | | the following: requirements regarding testing and | 25 | | certification of soil used as fill material, surface water | 26 | | runoff, liners or other protective barriers, monitoring |
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| 1 | | (including, but not limited to, groundwater monitoring), | 2 | | corrective action, recordkeeping, reporting, closure and | 3 | | post-closure care, financial assurance, post-closure land use | 4 | | controls, location standards, and the modification of existing | 5 | | permits to conform to the requirements of this Act and Board | 6 | | rules. The rules may also include limits on the use of | 7 | | recyclable concrete and asphalt as fill material at clean | 8 | | construction or demolition debris fill operations, taking into | 9 | | account factors such as technical feasibility, economic | 10 | | reasonableness, and the availability of markets for such | 11 | | materials. | 12 | | (2) Until the effective date of the Board rules adopted | 13 | | under subdivision (f)(1) of this Section, and in addition to | 14 | | any other requirements, owners and operators of clean | 15 | | construction or demolition debris fill operations must do all | 16 | | of the following in subdivisions (f)(2)(A) through (f)(2)(D) of | 17 | | this Section for all clean construction or demolition debris | 18 | | and uncontaminated soil accepted for use as fill material. The | 19 | | requirements in subdivisions (f)(2)(A) through (f)(2)(D) of | 20 | | this Section shall not limit any rules adopted by the Board. | 21 | | (A) Document the following information for each load of | 22 | | clean construction or demolition debris or uncontaminated | 23 | | soil received: (i) the name of the hauler, the address of | 24 | | the site of origin, and the owner and the operator of the | 25 | | site of origin of the clean construction or demolition | 26 | | debris or uncontaminated soil, (ii) the weight or volume of |
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| 1 | | the clean construction or demolition debris or | 2 | | uncontaminated soil, and (iii) the date the clean | 3 | | construction or demolition debris or uncontaminated soil | 4 | | was received. | 5 | | (B) For all soil, obtain either (i) a certification | 6 | | from the owner or operator of the site from which the soil | 7 | | was removed that the site has never been used for | 8 | | commercial or industrial purposes and is presumed to be | 9 | | uncontaminated soil or (ii) a certification from a licensed | 10 | | Professional Engineer that the soil is uncontaminated | 11 | | soil. Certifications required under this subdivision | 12 | | (f)(2)(B) must be on forms and in a format prescribed by | 13 | | the Agency. For purposes of this subparagraph (B), the | 14 | | following should be considered when determining whether | 15 | | soil within a transportation right of way or a utility | 16 | | easement has been used for commercial or industrial | 17 | | purposes: the current use of the property as a right of way | 18 | | or easement, the uses of the property prior to its use as a | 19 | | right of way or easement, and the uses of adjoining | 20 | | property. | 21 | | (C) Confirm that the clean construction or demolition | 22 | | debris or uncontaminated soil was not removed from a site | 23 | | as part of a cleanup or removal of contaminants, including, | 24 | | but not limited to, activities conducted under the | 25 | | Comprehensive Environmental Response, Compensation, and | 26 | | Liability Act of 1980, as amended; as part of a Closure or |
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| 1 | | Corrective Action under the Resource Conservation and | 2 | | Recovery Act, as amended; or under an Agency remediation | 3 | | program, such as the Leaking Underground Storage Tank | 4 | | Program or Site Remediation Program, but excluding sites | 5 | | subject to Section 58.16 of this Act where there is no | 6 | | presence or likely presence of a release or a substantial | 7 | | threat of a release of a regulated substance at, on, or | 8 | | from the real property. | 9 | | (D) Document all activities required under subdivision | 10 | | (f)(2) of this Section. Documentation of any chemical | 11 | | analysis must include, but is not limited to, (i) a copy of | 12 | | the lab analysis, (ii) accreditation status of the | 13 | | laboratory performing the analysis, and (iii) | 14 | | certification by an authorized agent of the laboratory that | 15 | | the analysis has been performed in accordance with the | 16 | | Agency's rules for the accreditation of environmental | 17 | | laboratories and the scope of accreditation. | 18 | | (3) Owners and operators of clean construction or | 19 | | demolition debris fill operations must maintain all | 20 | | documentation required under subdivision (f)(2) of this | 21 | | Section for a minimum of 3 years following the receipt of each | 22 | | load of clean construction or demolition debris or | 23 | | uncontaminated soil, except that documentation relating to an | 24 | | appeal, litigation, or other disputed claim must be maintained | 25 | | until at least 3 years after the date of the final disposition | 26 | | of the appeal, litigation, or other disputed claim. Copies of |
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| 1 | | the documentation must be made available to the Agency and to | 2 | | units of local government for inspection and copying during | 3 | | normal business hours. The Agency may prescribe forms and | 4 | | formats for the documentation required under subdivision | 5 | | (f)(2) of this Section. | 6 | | Chemical analysis conducted under subdivision (f)(2) of | 7 | | this Section must be conducted in accordance with the | 8 | | requirements of 35 Ill. Adm. Code 742, as amended, and "Test | 9 | | Methods for Evaluating Solid Waste, Physical/Chemical | 10 | | Methods", USEPA Publication No. SW-846, as amended. | 11 | | (g)(1) No person shall use soil other than uncontaminated | 12 | | soil as fill material at a clean construction or demolition | 13 | | debris fill operation. | 14 | | (2) No person shall use construction or demolition debris | 15 | | other than clean construction or demolition debris as fill | 16 | | material at a clean construction or demolition debris fill | 17 | | operation.
| 18 | | (Source: P.A. 96-1416, eff. 7-30-10.) | 19 | | (415 ILCS 5/22.51a) | 20 | | Sec. 22.51a. Uncontaminated Soil Fill Operations. | 21 | | (a) For purposes of this Section: | 22 | | (1) The term "uncontaminated soil" shall have the same | 23 | | meaning as uncontaminated soil under Section 3.160 of this | 24 | | Act. | 25 | | (2) The term "uncontaminated soil fill operation" |
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| 1 | | means a current or former quarry, mine, or other excavation | 2 | | where uncontaminated soil is used as fill material, but | 3 | | does not include a clean construction or demolition debris | 4 | | fill operation. | 5 | | (b) No person shall use soil other than uncontaminated soil | 6 | | as fill material at an uncontaminated soil fill operation. | 7 | | (c) Owners and operators of uncontaminated soil fill | 8 | | operations must register the fill operations with the Agency. | 9 | | Uncontaminated soil fill operations that received | 10 | | uncontaminated soil prior to the effective date of this | 11 | | amendatory Act of the 96th General Assembly must be registered | 12 | | with the Agency no later than March 31, 2011. Uncontaminated | 13 | | soil fill operations that first receive uncontaminated soil on | 14 | | or after the effective date of this amendatory Act of the 96th | 15 | | General Assembly must be registered with the Agency prior to | 16 | | the receipt of any uncontaminated soil. Registrations must be | 17 | | submitted on forms and in a format prescribed by the Agency. | 18 | | (d)(1) No later than one year after the effective date of | 19 | | this amendatory Act of the 96th General Assembly, the Agency | 20 | | shall propose to the Board, and, no later than one year after | 21 | | the Board's receipt of the Agency's proposal, the Board shall | 22 | | adopt, rules for the use of uncontaminated soil as fill | 23 | | material at uncontaminated soil fill operations. The rules must | 24 | | include standards and procedures necessary to protect | 25 | | groundwater, which shall include, but shall not be limited to, | 26 | | testing and certification of soil used as fill material and |
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| 1 | | requirements for recordkeeping. | 2 | | (2) Until the effective date of the Board rules adopted | 3 | | under subdivision (d)(1) of this Section, owners and operators | 4 | | of uncontaminated soil fill operations must do all of the | 5 | | following in subdivisions (d)(2)(A) through (d)(2)(F) of this | 6 | | Section for all uncontaminated soil accepted for use as fill | 7 | | material. The requirements in subdivisions (d)(2)(A) through | 8 | | (d)(2)(F) of this Section shall not limit any rules adopted by | 9 | | the Board. | 10 | | (A) Document the following information for each load of | 11 | | uncontaminated soil received: (i) the name of the hauler, | 12 | | the address of the site of origin, and the owner and the | 13 | | operator of the site of origin of the uncontaminated soil, | 14 | | (ii) the weight or volume of the uncontaminated soil, and | 15 | | (iii) the date the uncontaminated soil was received. | 16 | | (B) Obtain either (i) a certification from the owner or | 17 | | operator of the site from which the soil was removed that | 18 | | the site has never been used for commercial or industrial | 19 | | purposes and is presumed to be uncontaminated soil or (ii) | 20 | | a certification from a licensed Professional Engineer that | 21 | | the soil is uncontaminated soil. Certifications required | 22 | | under this subdivision (d)(2)(B) must be on forms and in a | 23 | | format prescribed by the Agency. For purposes of this | 24 | | subparagraph (B), the following should be considered when | 25 | | determining whether soil within a transportation right of | 26 | | way or a utility easement has been used for commercial or |
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| 1 | | industrial purposes: the current use of the property as a | 2 | | right of way or easement, the uses of the property prior to | 3 | | its use as a right of way or easement, and the uses of | 4 | | adjoining property. | 5 | | (C) Confirm that the uncontaminated soil was not | 6 | | removed from a site as part of a cleanup or removal of | 7 | | contaminants, including, but not limited to, activities | 8 | | conducted under the Comprehensive Environmental Response, | 9 | | Compensation, and Liability Act of 1980, as amended; as | 10 | | part of a Closure or Corrective Action under the Resource | 11 | | Conservation and Recovery Act, as amended; or under an | 12 | | Agency remediation program, such as the Leaking | 13 | | Underground Storage Tank Program or Site Remediation | 14 | | Program, but excluding sites subject to Section 58.16 of | 15 | | this Act where there is no presence or likely presence of a | 16 | | release or a substantial threat of a release of a regulated | 17 | | substance at, on, or from the real property. | 18 | | (D) Visually inspect each load to confirm that only | 19 | | uncontaminated soil is being accepted for use as fill | 20 | | material. | 21 | | (E) Screen each load of uncontaminated soil using a | 22 | | device that is approved by the Agency and detects volatile | 23 | | organic compounds. Such a device may include, but is not | 24 | | limited to, a photo ionization detector or a flame | 25 | | ionization detector. All screening devices shall be | 26 | | operated and maintained in accordance with the |
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| 1 | | manufacturer's specifications. Unacceptable soil must be | 2 | | rejected from the fill operation. | 3 | | (F) Document all activities required under subdivision | 4 | | (d)(2) of this Section. Documentation of any chemical | 5 | | analysis must include, but is not limited to, (i) a copy of | 6 | | the lab analysis, (ii) accreditation status of the | 7 | | laboratory performing the analysis, and (iii) | 8 | | certification by an authorized agent of the laboratory that | 9 | | the analysis has been performed in accordance with the | 10 | | Agency's rules for the accreditation of environmental | 11 | | laboratories and the scope of accreditation. | 12 | | (3) Owners and operators of uncontaminated soil fill | 13 | | operations must maintain all documentation required under | 14 | | subdivision (d)(2) of this Section for a minimum of 3 years | 15 | | following the receipt of each load of uncontaminated soil, | 16 | | except that documentation relating to an appeal, litigation, or | 17 | | other disputed claim must be maintained until at least 3 years | 18 | | after the date of the final disposition of the appeal, | 19 | | litigation, or other disputed claim. Copies of the | 20 | | documentation must be made available to the Agency and to units | 21 | | of local government for inspection and copying during normal | 22 | | business hours. The Agency may prescribe forms and formats for | 23 | | the documentation required under subdivision (d)(2) of this | 24 | | Section. | 25 | | Chemical analysis conducted under subdivision (d)(2) of | 26 | | this Section must be conducted in accordance with the |
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| 1 | | requirements of 35 Ill. Adm. Code 742, as amended, and "Test | 2 | | Methods for Evaluating Solid Waste, Physical/Chemical | 3 | | Methods", USEPA Publication No. SW-846, as amended.
| 4 | | (Source: P.A. 96-1416, eff. 7-30-10.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law. |
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