HB3371enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB3371 EnrolledLRB097 10931 JDS 51492 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Sections 3.160, 22.51, and 22.51a as follows:
 
6    (415 ILCS 5/3.160)  (was 415 ILCS 5/3.78 and 3.78a)
7    Sec. 3.160. Construction or demolition debris.
8    (a) "General construction or demolition debris" means
9non-hazardous, uncontaminated materials resulting from the
10construction, remodeling, repair, and demolition of utilities,
11structures, and roads, limited to the following: bricks,
12concrete, and other masonry materials; soil; rock; wood,
13including non-hazardous painted, treated, and coated wood and
14wood products; wall coverings; plaster; drywall; plumbing
15fixtures; non-asbestos insulation; roofing shingles and other
16roof coverings; reclaimed or other asphalt pavement; glass;
17plastics that are not sealed in a manner that conceals waste;
18electrical wiring and components containing no hazardous
19substances; and corrugated cardboard, piping or metals
20incidental to any of those materials.
21    General construction or demolition debris does not include
22uncontaminated soil generated during construction, remodeling,
23repair, and demolition of utilities, structures, and roads

 

 

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1provided the uncontaminated soil is not commingled with any
2general construction or demolition debris or other waste.
3    To the extent allowed by federal law, uncontaminated
4concrete with protruding rebar shall be considered clean
5construction or demolition debris and shall not be considered
6"waste" if it is separated or processed and returned to the
7economic mainstream in the form of raw materials or products
8within 4 years of its generation, if it is not speculatively
9accumulated and, if used as a fill material, it is used in
10accordance with item (i) in subsection (b) of this Section.
11    (b) "Clean construction or demolition debris" means
12uncontaminated broken concrete without protruding metal bars,
13bricks, rock, stone, reclaimed or other asphalt pavement, or
14soil generated from construction or demolition activities.
15    Clean construction or demolition debris does not include
16uncontaminated soil generated during construction, remodeling,
17repair, and demolition of utilities, structures, and roads
18provided the uncontaminated soil is not commingled with any
19clean construction or demolition debris or other waste.
20    To the extent allowed by federal law, clean construction or
21demolition debris shall not be considered "waste" if it is (i)
22used as fill material outside of a setback zone if the fill is
23placed no higher than the highest point of elevation existing
24prior to the filling immediately adjacent to the fill area, and
25if covered by sufficient uncontaminated soil to support
26vegetation within 30 days of the completion of filling or if

 

 

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1covered by a road or structure, and, if used as fill material
2in a current or former quarry, mine, or other excavation, is
3used in accordance with the requirements of Section 22.51 of
4this Act and the rules adopted thereunder or (ii) separated or
5processed and returned to the economic mainstream in the form
6of raw materials or products, if it is not speculatively
7accumulated and, if used as a fill material, it is used in
8accordance with item (i), or (iii) solely broken concrete
9without protruding metal bars used for erosion control, or (iv)
10generated from the construction or demolition of a building,
11road, or other structure and used to construct, on the site
12where the construction or demolition has taken place, a manmade
13functional structure not to exceed 20 feet above the highest
14point of elevation of the property immediately adjacent to the
15new manmade functional structure as that elevation existed
16prior to the creation of that new structure, provided that the
17structure shall be covered with sufficient soil materials to
18sustain vegetation or by a road or structure, and further
19provided that no such structure shall be constructed within a
20home rule municipality with a population over 500,000 without
21the consent of the municipality.
22    For purposes of this subsection (b), reclaimed or other
23asphalt pavement shall not be considered speculatively
24accumulated if: (i) it is not commingled with any other clean
25construction or demolition debris or any waste; (ii) it is
26returned to the economic mainstream in the form of raw

 

 

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1materials or products within 4 years after its generation;
2(iii) at least 25% of the total amount present at a site during
3a calendar year is transported off of the site during the next
4calendar year; and (iv) if used as a fill material, it is used
5in accordance with item (i) of the second paragraph of this
6subsection (b).
7    (c) For purposes of this Section, the term "uncontaminated
8soil" means soil that does not contain contaminants in
9concentrations that pose a threat to human health and safety
10and the environment.
11        (1) No later than one year after the effective date of
12    this amendatory Act of the 96th General Assembly, the
13    Agency shall propose, and, no later than one year after
14    receipt of the Agency's proposal, the Board shall adopt,
15    rules specifying the maximum concentrations of
16    contaminants that may be present in uncontaminated soil for
17    purposes of this Section. For carcinogens, the maximum
18    concentrations shall not allow exposure to exceed an excess
19    upper-bound lifetime risk of 1 in 1,000,000; provided that
20    if the most stringent remediation objective or applicable
21    background concentration for a contaminant set forth in 35
22    Ill. Adm. Code 742 is greater than the concentration that
23    would allow exposure at an excess upper-bound lifetime risk
24    of 1 in 1,000,000, the Board may consider allowing that
25    contaminant in concentrations up to its most stringent
26    remediation objective or applicable background

 

 

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1    concentration set forth in benzo(a)pyrene up to the
2    applicable background concentration set forth in Table H of
3    Appendix A of 35 Ill. Adm. Code 742 in soil used as fill
4    material in a current or former quarry, mine, or other
5    excavation in accordance with Section 22.51 or 22.51a of
6    this Act and rules adopted under those Sections. Any
7    background concentration set forth in 35 Ill. Adm. Code 742
8    that is adopted as a maximum concentration must be , so long
9    as the applicable background concentration is based upon
10    the location of the quarry, mine, or other excavation where
11    the soil is used as fill material.
12        (2) To the extent allowed under federal law and
13    regulations, uncontaminated soil shall not be considered a
14    waste.
15(Source: P.A. 95-121, eff. 8-13-07; 96-235, eff. 8-11-09;
1696-1416, eff. 7-30-10.)
 
17    (415 ILCS 5/22.51)
18    Sec. 22.51. Clean Construction or Demolition Debris Fill
19Operations.
20    (a) No person shall conduct any clean construction or
21demolition debris fill operation in violation of this Act or
22any regulations or standards adopted by the Board.
23    (b)(1)(A) Beginning August 18, 2005 but prior to July 1,
242008, no person shall use clean construction or demolition
25debris as fill material in a current or former quarry, mine, or

 

 

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1other excavation, unless they have applied for an interim
2authorization from the Agency for the clean construction or
3demolition debris fill operation.
4    (B) The Agency shall approve an interim authorization upon
5its receipt of a written application for the interim
6authorization that is signed by the site owner and the site
7operator, or their duly authorized agent, and that contains the
8following information: (i) the location of the site where the
9clean construction or demolition debris fill operation is
10taking place, (ii) the name and address of the site owner,
11(iii) the name and address of the site operator, and (iv) the
12types and amounts of clean construction or demolition debris
13being used as fill material at the site.
14    (C) The Agency may deny an interim authorization if the
15site owner or the site operator, or their duly authorized
16agent, fails to provide to the Agency the information listed in
17subsection (b)(1)(B) of this Section. Any denial of an interim
18authorization shall be subject to appeal to the Board in
19accordance with the procedures of Section 40 of this Act.
20    (D) No person shall use clean construction or demolition
21debris as fill material in a current or former quarry, mine, or
22other excavation for which the Agency has denied interim
23authorization under subsection (b)(1)(C) of this Section. The
24Board may stay the prohibition of this subsection (D) during
25the pendency of an appeal of the Agency's denial of the interim
26authorization brought under subsection (b)(1)(C) of this

 

 

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1Section.
2    (2) Beginning September 1, 2006, owners and operators of
3clean construction or demolition debris fill operations shall,
4in accordance with a schedule prescribed by the Agency, submit
5to the Agency applications for the permits required under this
6Section. The Agency shall notify owners and operators in
7writing of the due date for their permit application. The due
8date shall be no less than 90 days after the date of the
9Agency's written notification. Owners and operators who do not
10receive a written notification from the Agency by October 1,
112007, shall submit a permit application to the Agency by
12January 1, 2008. The interim authorization of owners and
13operators who fail to submit a permit application to the Agency
14by the permit application's due date shall terminate on (i) the
15due date established by the Agency if the owner or operator
16received a written notification from the Agency prior to
17October 1, 2007, or (ii) or January 1, 2008, if the owner or
18operator did not receive a written notification from the Agency
19by October 1, 2007.
20    (3) On and after July 1, 2008, no person shall use clean
21construction or demolition debris as fill material in a current
22or former quarry, mine, or other excavation (i) without a
23permit granted by the Agency for the clean construction or
24demolition debris fill operation or in violation of any
25conditions imposed by such permit, including periodic reports
26and full access to adequate records and the inspection of

 

 

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1facilities, as may be necessary to assure compliance with this
2Act and with Board regulations and standards adopted under this
3Act or (ii) in violation of any regulations or standards
4adopted by the Board under this Act.
5    (4) This subsection (b) does not apply to:
6        (A) the use of clean construction or demolition debris
7    as fill material in a current or former quarry, mine, or
8    other excavation located on the site where the clean
9    construction or demolition debris was generated;
10        (B) the use of clean construction or demolition debris
11    as fill material in an excavation other than a current or
12    former quarry or mine if this use complies with Illinois
13    Department of Transportation specifications; or
14        (C) current or former quarries, mines, and other
15    excavations that do not use clean construction or
16    demolition debris as fill material.
17    (c) In accordance with Title VII of this Act, the Board may
18adopt regulations to promote the purposes of this Section. The
19Agency shall consult with the mining and construction
20industries during the development of any regulations to promote
21the purposes of this Section.
22        (1) No later than December 15, 2005, the Agency shall
23    propose to the Board, and no later than September 1, 2006,
24    the Board shall adopt, regulations for the use of clean
25    construction or demolition debris as fill material in
26    current and former quarries, mines, and other excavations.

 

 

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1    Such regulations shall include, but shall not be limited
2    to, standards for clean construction or demolition debris
3    fill operations and the submission and review of permits
4    required under this Section.
5        (2) Until the Board adopts rules under subsection
6    (c)(1) of this Section, all persons using clean
7    construction or demolition debris as fill material in a
8    current or former quarry, mine, or other excavation shall:
9            (A) Assure that only clean construction or
10        demolition debris is being used as fill material by
11        screening each truckload of material received using a
12        device approved by the Agency that detects volatile
13        organic compounds. Such devices may include, but are
14        not limited to, photo ionization detectors. All
15        screening devices shall be operated and maintained in
16        accordance with manufacturer's specifications.
17        Unacceptable fill material shall be rejected from the
18        site; and
19            (B) Retain for a minimum of 3 years the following
20        information:
21                (i) The name of the hauler, the name of the
22            generator, and place of origin of the debris or
23            soil;
24                (ii) The approximate weight or volume of the
25            debris or soil; and
26                (iii) The date the debris or soil was received.

 

 

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1    (d) This Section applies only to clean construction or
2demolition debris that is not considered "waste" as provided in
3Section 3.160 of this Act.
4    (e) For purposes of this Section:
5        (1) The term "operator" means a person responsible for
6    the operation and maintenance of a clean construction or
7    demolition debris fill operation.
8        (2) The term "owner" means a person who has any direct
9    or indirect interest in a clean construction or demolition
10    debris fill operation or in land on which a person operates
11    and maintains a clean construction or demolition debris
12    fill operation. A "direct or indirect interest" does not
13    include the ownership of publicly traded stock. The "owner"
14    is the "operator" if there is no other person who is
15    operating and maintaining a clean construction or
16    demolition debris fill operation.
17        (3) The term "clean construction or demolition debris
18    fill operation" means a current or former quarry, mine, or
19    other excavation where clean construction or demolition
20    debris is used as fill material.
21        (4) The term "uncontaminated soil" shall have the same
22    meaning as uncontaminated soil under Section 3.160 of this
23    Act.
24    (f)(1) No later than one year after the effective date of
25this amendatory Act of the 96th General Assembly, the Agency
26shall propose to the Board, and, no later than one year after

 

 

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1the Board's receipt of the Agency's proposal, the Board shall
2adopt, rules for the use of clean construction or demolition
3debris and uncontaminated soil as fill material at clean
4construction or demolition debris fill operations. The rules
5must include standards and procedures necessary to protect
6groundwater, which may include, but shall not be limited to,
7the following: requirements regarding testing and
8certification of soil used as fill material, surface water
9runoff, liners or other protective barriers, monitoring
10(including, but not limited to, groundwater monitoring),
11corrective action, recordkeeping, reporting, closure and
12post-closure care, financial assurance, post-closure land use
13controls, location standards, and the modification of existing
14permits to conform to the requirements of this Act and Board
15rules. The rules may also include limits on the use of
16recyclable concrete and asphalt as fill material at clean
17construction or demolition debris fill operations, taking into
18account factors such as technical feasibility, economic
19reasonableness, and the availability of markets for such
20materials.
21    (2) Until the effective date of the Board rules adopted
22under subdivision (f)(1) of this Section, and in addition to
23any other requirements, owners and operators of clean
24construction or demolition debris fill operations must do all
25of the following in subdivisions (f)(2)(A) through (f)(2)(D) of
26this Section for all clean construction or demolition debris

 

 

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1and uncontaminated soil accepted for use as fill material. The
2requirements in subdivisions (f)(2)(A) through (f)(2)(D) of
3this Section shall not limit any rules adopted by the Board.
4        (A) Document the following information for each load of
5    clean construction or demolition debris or uncontaminated
6    soil received: (i) the name of the hauler, the address of
7    the site of origin, and the owner and the operator of the
8    site of origin of the clean construction or demolition
9    debris or uncontaminated soil, (ii) the weight or volume of
10    the clean construction or demolition debris or
11    uncontaminated soil, and (iii) the date the clean
12    construction or demolition debris or uncontaminated soil
13    was received.
14        (B) For all soil, obtain either (i) a certification
15    from the owner or operator of the site from which the soil
16    was removed that the site has never been used for
17    commercial or industrial purposes and is presumed to be
18    uncontaminated soil or (ii) a certification from a licensed
19    Professional Engineer or licensed Professional Geologist
20    that the soil is uncontaminated soil. Certifications
21    required under this subdivision (f)(2)(B) must be on forms
22    and in a format prescribed by the Agency.
23        (C) Confirm that the clean construction or demolition
24    debris or uncontaminated soil was not removed from a site
25    as part of a cleanup or removal of contaminants, including,
26    but not limited to, activities conducted under the

 

 

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1    Comprehensive Environmental Response, Compensation, and
2    Liability Act of 1980, as amended; as part of a Closure or
3    Corrective Action under the Resource Conservation and
4    Recovery Act, as amended; or under an Agency remediation
5    program, such as the Leaking Underground Storage Tank
6    Program or Site Remediation Program, but excluding sites
7    subject to Section 58.16 of this Act where there is no
8    presence or likely presence of a release or a substantial
9    threat of a release of a regulated substance at, on, or
10    from the real property.
11        (D) Document all activities required under subdivision
12    (f)(2) of this Section. Documentation of any chemical
13    analysis must include, but is not limited to, (i) a copy of
14    the lab analysis, (ii) accreditation status of the
15    laboratory performing the analysis, and (iii)
16    certification by an authorized agent of the laboratory that
17    the analysis has been performed in accordance with the
18    Agency's rules for the accreditation of environmental
19    laboratories and the scope of accreditation.
20    (3) Owners and operators of clean construction or
21demolition debris fill operations must maintain all
22documentation required under subdivision (f)(2) of this
23Section for a minimum of 3 years following the receipt of each
24load of clean construction or demolition debris or
25uncontaminated soil, except that documentation relating to an
26appeal, litigation, or other disputed claim must be maintained

 

 

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1until at least 3 years after the date of the final disposition
2of the appeal, litigation, or other disputed claim. Copies of
3the documentation must be made available to the Agency and to
4units of local government for inspection and copying during
5normal business hours. The Agency may prescribe forms and
6formats for the documentation required under subdivision
7(f)(2) of this Section.
8    Chemical analysis conducted under subdivision (f)(2) of
9this Section must be conducted in accordance with the
10requirements of 35 Ill. Adm. Code 742, as amended, and "Test
11Methods for Evaluating Solid Waste, Physical/Chemical
12Methods", USEPA Publication No. SW-846, as amended.
13    (g)(1) No person shall use soil other than uncontaminated
14soil as fill material at a clean construction or demolition
15debris fill operation.
16    (2) No person shall use construction or demolition debris
17other than clean construction or demolition debris as fill
18material at a clean construction or demolition debris fill
19operation.
20(Source: P.A. 96-1416, eff. 7-30-10.)
 
21    (415 ILCS 5/22.51a)
22    Sec. 22.51a. Uncontaminated Soil Fill Operations.
23    (a) For purposes of this Section:
24        (1) The term "uncontaminated soil" shall have the same
25    meaning as uncontaminated soil under Section 3.160 of this

 

 

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1    Act.
2        (2) The term "uncontaminated soil fill operation"
3    means a current or former quarry, mine, or other excavation
4    where uncontaminated soil is used as fill material, but
5    does not include a clean construction or demolition debris
6    fill operation.
7    (b) No person shall use soil other than uncontaminated soil
8as fill material at an uncontaminated soil fill operation.
9    (c) Owners and operators of uncontaminated soil fill
10operations must register the fill operations with the Agency.
11Uncontaminated soil fill operations that received
12uncontaminated soil prior to the effective date of this
13amendatory Act of the 96th General Assembly must be registered
14with the Agency no later than March 31, 2011. Uncontaminated
15soil fill operations that first receive uncontaminated soil on
16or after the effective date of this amendatory Act of the 96th
17General Assembly must be registered with the Agency prior to
18the receipt of any uncontaminated soil. Registrations must be
19submitted on forms and in a format prescribed by the Agency.
20    (d)(1) No later than one year after the effective date of
21this amendatory Act of the 96th General Assembly, the Agency
22shall propose to the Board, and, no later than one year after
23the Board's receipt of the Agency's proposal, the Board shall
24adopt, rules for the use of uncontaminated soil as fill
25material at uncontaminated soil fill operations. The rules must
26include standards and procedures necessary to protect

 

 

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1groundwater, which shall include, but shall not be limited to,
2testing and certification of soil used as fill material and
3requirements for recordkeeping.
4    (2) Until the effective date of the Board rules adopted
5under subdivision (d)(1) of this Section, owners and operators
6of uncontaminated soil fill operations must do all of the
7following in subdivisions (d)(2)(A) through (d)(2)(F) of this
8Section for all uncontaminated soil accepted for use as fill
9material. The requirements in subdivisions (d)(2)(A) through
10(d)(2)(F) of this Section shall not limit any rules adopted by
11the Board.
12        (A) Document the following information for each load of
13    uncontaminated soil received: (i) the name of the hauler,
14    the address of the site of origin, and the owner and the
15    operator of the site of origin of the uncontaminated soil,
16    (ii) the weight or volume of the uncontaminated soil, and
17    (iii) the date the uncontaminated soil was received.
18        (B) Obtain either (i) a certification from the owner or
19    operator of the site from which the soil was removed that
20    the site has never been used for commercial or industrial
21    purposes and is presumed to be uncontaminated soil or (ii)
22    a certification from a licensed Professional Engineer or a
23    licensed Professional Geologist that the soil is
24    uncontaminated soil. Certifications required under this
25    subdivision (d)(2)(B) must be on forms and in a format
26    prescribed by the Agency.

 

 

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1        (C) Confirm that the uncontaminated soil was not
2    removed from a site as part of a cleanup or removal of
3    contaminants, including, but not limited to, activities
4    conducted under the Comprehensive Environmental Response,
5    Compensation, and Liability Act of 1980, as amended; as
6    part of a Closure or Corrective Action under the Resource
7    Conservation and Recovery Act, as amended; or under an
8    Agency remediation program, such as the Leaking
9    Underground Storage Tank Program or Site Remediation
10    Program, but excluding sites subject to Section 58.16 of
11    this Act where there is no presence or likely presence of a
12    release or a substantial threat of a release of a regulated
13    substance at, on, or from the real property.
14        (D) Visually inspect each load to confirm that only
15    uncontaminated soil is being accepted for use as fill
16    material.
17        (E) Screen each load of uncontaminated soil using a
18    device that is approved by the Agency and detects volatile
19    organic compounds. Such a device may include, but is not
20    limited to, a photo ionization detector or a flame
21    ionization detector. All screening devices shall be
22    operated and maintained in accordance with the
23    manufacturer's specifications. Unacceptable soil must be
24    rejected from the fill operation.
25        (F) Document all activities required under subdivision
26    (d)(2) of this Section. Documentation of any chemical

 

 

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1    analysis must include, but is not limited to, (i) a copy of
2    the lab analysis, (ii) accreditation status of the
3    laboratory performing the analysis, and (iii)
4    certification by an authorized agent of the laboratory that
5    the analysis has been performed in accordance with the
6    Agency's rules for the accreditation of environmental
7    laboratories and the scope of accreditation.
8    (3) Owners and operators of uncontaminated soil fill
9operations must maintain all documentation required under
10subdivision (d)(2) of this Section for a minimum of 3 years
11following the receipt of each load of uncontaminated soil,
12except that documentation relating to an appeal, litigation, or
13other disputed claim must be maintained until at least 3 years
14after the date of the final disposition of the appeal,
15litigation, or other disputed claim. Copies of the
16documentation must be made available to the Agency and to units
17of local government for inspection and copying during normal
18business hours. The Agency may prescribe forms and formats for
19the documentation required under subdivision (d)(2) of this
20Section.
21    Chemical analysis conducted under subdivision (d)(2) of
22this Section must be conducted in accordance with the
23requirements of 35 Ill. Adm. Code 742, as amended, and "Test
24Methods for Evaluating Solid Waste, Physical/Chemical
25Methods", USEPA Publication No. SW-846, as amended.
26(Source: P.A. 96-1416, eff. 7-30-10.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.