Full Text of HB4606 98th General Assembly
August
18, 2014
To
the Honorable Members of the
Illinois
House of Representatives, 98th General
Assembly:
I
hereby return House Bill 4606 with specific recommendations for change.
General construction and demolition debris sites take
uncontaminated material from construction, remodeling, demolition and repair
projects that would otherwise be placed in a landfill and sort, process, and
transfer these materials for recycling and reuse. These facilities serve a
valuable purpose by diverting the flow of large reusable or recyclable
construction materials from filling up our landfills.
House Bill 4606 exempts any facility that accepts exclusively
general construction or demolition debris from the local siting process,
streamlining the permitting process for entry into the market for these
recycling centers. Presently, such an exemption only applies in Cook, DuPage,
Kane, Lake, McHenry, and Will Counties. These counties are heavily zoned which
ensures local control over where general construction and demolition debris
sites locate. Notwithstanding House Bill 4606, Section 22.38 of the
Environmental Protection Act provides that general construction and demolition
debris sites are still subject to local zoning, ordinance, and land use
requirements.
However, in areas of the State that are not heavily zoned or do
not have zoning requirements for general construction and demolition debris facilities,
local residents may not know about the potential for a general construction and
demolition debris facility to move in next door. Streamlining permitting is
important, but it is equally important that there is opportunity for public
participation so that local residents can weigh in on the location of these
sites, while still encouraging the development of new outlets for the recycling
of construction and demolition debris.
Therefore, pursuant to Article IV, Section 9(e) of the Illinois
Constitution of 1970, I return House Bill 4606, entitled “AN ACT concerning safety.”
with the following specific recommendations for change:
on page 1, line 5, by inserting “and Section 22.38” after
“Section 3.330”; and
on page 12, after
line 1, by inserting:
“(415
ILCS 5/22.38)
Sec. 22.38. Facilities accepting
exclusively general construction or demolition debris for transfer, storage,
or treatment.
(a) Facilities accepting exclusively
general construction or demolition debris for transfer, storage, or treatment
shall be subject to local zoning, ordinance, and land use requirements. Those
facilities shall be located in accordance with local zoning requirements or,
in the absence of local zoning requirements, shall be located so that no part
of the facility boundary is closer than 1,320 feet from the nearest property
zoned for primarily residential use.
(b) An owner or operator of a facility
accepting exclusively general construction or demolition debris for transfer,
storage, or treatment shall:
(1) Within 48
hours after receipt of the general
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construction or demolition
debris at the facility, sort the general construction or demolition debris
to separate the recyclable general construction or demolition debris,
recovered wood that is processed for use as fuel, and general construction
or demolition debris that is processed for use at a landfill from the
non-recyclable general construction or demolition debris that is to be
disposed of or discarded.
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(2) Transport
off site for disposal, in accordance
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with all applicable federal,
State, and local requirements within 72 hours after its receipt at the
facility, all non-usable or non-recyclable general construction or
demolition debris that is not recyclable general construction or demolition
debris, recovered wood that is processed for use as fuel, or general
construction or demolition debris that is processed for use at a landfill.
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(3) Limit the
percentage of incoming non-recyclable
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general construction or
demolition debris to 25% or less of the total incoming general construction
or demolition debris, so that 75% or more of the general construction or
demolition debris accepted, as calculated monthly on a rolling 12-month average,
consists of recyclable general construction or demolition debris, recovered
wood that is processed for use as fuel, or general construction or
demolition debris that is processed for use at a landfill except that
general construction or demolition debris processed for use at a landfill
shall not exceed 35% of the general construction or demolition debris
accepted on a rolling 12-month average basis. The percentages in this
paragraph (3) of subsection (b) shall be calculated by weight, using scales
located at the facility that are certified under the Weights and Measures
Act.
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(4) Within 6
months after its receipt at the
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(A)
all non-putrescible recyclable general
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construction or demolition
debris for recycling or disposal; and
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(B)
all non-putrescible general construction or
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demolition debris that is
processed for use at a landfill to a MSWLF unit for use or disposal.
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(5) Within 45
days after its receipt at the facility,
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(A)
all putrescible or combustible recyclable
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general construction or
demolition debris (excluding recovered wood that is processed for use as
fuel) for recycling or disposal;
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(B)
all recovered wood that is processed for use
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as fuel to an intermediate
processing facility for sizing, to a combustion facility for use as fuel,
or to a disposal facility; and
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(C)
all putrescible general construction or
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demolition debris that is
processed for use at a landfill to a MSWLF unit for use or disposal.
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(6) Employ
tagging and recordkeeping procedures to
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(i) demonstrate compliance
with this Section and (ii) identify the source and transporter of material
accepted by the facility.
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(7) Control
odor, noise, combustion of materials,
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disease vectors, dust, and
litter.
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(8) Control,
manage, and dispose of any storm water
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runoff and leachate
generated at the facility in accordance with applicable federal, State, and
local requirements.
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(9) Control
access to the facility.
(10) Comply with all
applicable federal, State, or
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local requirements for the
handling, storage, transportation, or disposal of asbestos-containing
material or other material accepted at the facility that is not general
construction or demolition debris.
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(11) Prior to
August 24, 2009 (the effective date of
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Public Act 96-611), submit
to the Agency at least 30 days prior to the initial acceptance of general
construction or demolition debris at the facility, on forms provided by the
Agency, the following information:
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(A)
the name, address, and telephone number of
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both the facility owner and
operator;
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(B)
the street address and location of the
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(C)
a description of facility operations;
(D)
a description of the tagging and
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recordkeeping procedures the
facility will employ to (i) demonstrate compliance with this Section and
(ii) identify the source and transporter of any material accepted by the
facility;
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(E)
the name and location of the disposal sites
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to be used for the disposal
of any general construction or demolition debris received at the facility
that must be disposed of;
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(F)
the name and location of an individual,
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facility, or business to
which recyclable materials will be transported;
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(G)
the name and location of intermediate
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processing facilities or
combustion facilities to which recovered wood that is processed for use as
fuel will be transported; and
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(H)
other information as specified on the form
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(12) On or after
August 24, 2009 (the effective date
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of Public Act 96-611),
obtain a permit issued by the Agency prior to the initial acceptance of
general construction or demolition debris at the facility.
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(A) Any person
submitting an application for a permit prior to the initial acceptance of
general construction or demolition debris shall publish notice of the
application in a newspaper of general circulation in the county in which the
facility is proposed to be located. The notice must be published at least 15
days before submission of the permit application to the Agency. The notice
shall state the information described in paragraph (11) of subsection (b) of
this Section, along with a statement that persons may file written comments
with the Agency concerning the permit application within 30 days after the
filing of the permit application unless the time period to submit comments is
extended by the Agency. The Agency shall accept written comments concerning the
permit application that are postmarked no later than 30 days after the filing
of the permit application, unless the time period to accept comments is
extended by the Agency.
(B)
When any of the information contained or processes
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described in the initial
notification form submitted to the Agency under paragraph (11) of
subsection (b) of this Section changes, the owner and operator shall submit
an updated form within 14 days of the change. When a permit
applicant submits information to the Agency to update a permit application
being reviewed by the Agency, the applicant shall not be required to
reissue the notice under this paragraph (12).
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(c) For purposes of this Section, the
term "recyclable general construction or demolition debris" means
general construction or demolition debris that has been rendered reusable and
is reused or that would otherwise be disposed of or discarded but is
collected, separated, or processed and returned to the economic mainstream in
the form of raw materials or products. "Recyclable general construction
or demolition debris" does not include (i) general construction or
demolition debris processed for use as fuel, incinerated, burned, buried, or
otherwise used as fill material or (ii) general construction or demolition
debris that is processed for use at a landfill.
(d) For purposes of this Section,
"treatment" means processing designed to alter the physical nature
of the general construction or demolition debris, including but not limited
to size reduction, crushing, grinding, or homogenization, but does not
include processing designed to change the chemical nature of the general construction
or demolition debris.
(e) For purposes of this Section,
"recovered wood that is processed for use as fuel" means wood that
has been salvaged from general construction or demolition debris and
processed for use as fuel, as authorized by the applicable state or federal
environmental regulatory authority, and supplied only to intermediate
processing facilities for sizing, or to combustion facilities for use as
fuel, that have obtained all necessary waste management and air permits for
handling and combustion of the fuel.
(f) For purposes of this Section,
"non-recyclable general construction or demolition debris" does not
include "recovered wood that is processed for use as fuel" or
general construction or demolition debris that is processed for use at a
landfill.
(g) Recyclable general construction or
demolition debris, recovered wood that is processed for use as fuel, and
general construction or demolition debris that is processed for use at a
landfill shall not be considered as meeting the 75% diversion requirement for
purposes of subdivision (b)(3) of this Section if sent for disposal at the
end of the applicable retention period.
(h) For the purposes of this Section,
"general construction or demolition debris that is processed for use at
a landfill" means general construction or demolition debris that is
processed for use at a MSWLF unit as alternative daily cover, road building
material, or drainage structure building material in accordance with the
MSWLF unit's waste disposal permit issued by the Agency under this Act.
(i) For purposes of the 75% diversion
requirement under subdivision (b)(3) of this Section, owners and operators of
facilities accepting exclusively general construction or demolition debris
for transfer, storage, or treatment may multiply by 2 the amount of accepted
asphalt roofing shingles that are transferred to a facility for recycling in
accordance with a beneficial use determination issued under Section 22.54 of
this Act. The owner or operator of the facility accepting exclusively general
construction or demolition debris for transfer, storage, or treatment must
maintain receipts from the shingle recycling facility that document the
amounts of asphalt roofing shingles transferred for recycling in accordance
with the beneficial use determination. All receipts must be maintained for a
minimum of 3 years and must be made available to the Agency for inspection
and copying during normal business hours.”
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With
these changes, House Bill 4606 will have my approval. I respectfully request
your concurrence.
Sincerely,
PAT
QUINN
Governor
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