Section 1100.600  Purpose and Applicability

a)         The purpose of this Subpart F is to establish standards for soils that are considered uncontaminated for purposes of this Part.

b)         This Subpart F applies only to soil that is:

1)         Generated during construction, remodeling, repair or demolition of utilities, structures and roads as provided in Section 3.160 of the Act; and

2)         Used as fill material at Clean Construction or Demolition Debris Fill Operations or Uncontaminated Soil Fill Operations as provided at Sections 22.51 and 22.51a of the Act and in this Part.

c)         Soil that is generated during construction, remodeling, repair or demolition of utilities, structures and roads and commingled with CCDD must satisfy the standards for maximum allowable concentrations of chemical constituents in uncontaminated soil as set forth in this Subpart F if used as fill material at CCDD Fill Operations pursuant to Section 22.51 of the Act.

d)         Soil or materials to which this Subpart F does not apply include, but are not limited to:

1)         Soil that must be managed as hazardous waste;

2)         Soil that has at any time been treated or diluted to reduce contaminant concentrations or contaminant mobility (e.g., treatment to reduce extraction test contaminant concentrations) except for soil that has been treated to reduce contaminants by physical separation from construction or demolition debris at the site where the soil was generated or at a site authorized by applicable law to perform such separation; and

3)         Soil that has been removed from a site as part of cleanup or removal of contaminants, including, but not limited to, activities conducted under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; as part of a closure of corrective action under the Resource Conservation and Recovery Act, as amended; or under an Agency remediation program, such as the leaking Underground Storage Tank Program or Site Remediation Program, but excluding sites subject to Section 58.16 of the Act where there is no presence or likely presence of a release or a substantial threat of a release of a regulated substance at, on or from the real property and excluding soil that is uncontaminated and has not been excavated or treated as part of the cleanup or removal of contaminants.  [415 ILCS 5/22.51(f)(2)(C) and 22.51a(d)(2)(C)]

(Source:  Added at 36 Ill. Reg. 13892, effective August 27, 2012)