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| Public Act 095-0121 |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by | ||||
changing Section 3.160 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 | ||||
non-hazardous,
uncontaminated materials resulting from the | ||||
construction, remodeling, repair,
and demolition of utilities, | ||||
structures, and roads, limited to the following:
bricks, | ||||
concrete, and other masonry materials; soil; rock; wood, | ||||
including
non-hazardous painted, treated, and coated wood and | ||||
wood products; wall
coverings; plaster; drywall; plumbing | ||||
fixtures; non-asbestos insulation;
roofing shingles and other | ||||
roof coverings; reclaimed or other asphalt pavement; glass;
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plastics that are not sealed in a manner that conceals waste; | ||||
electrical
wiring and components containing no hazardous | ||||
substances; and piping or metals
incidental to any of those | ||||
materials.
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General construction or demolition debris does not include | ||||
uncontaminated
soil generated during construction, remodeling, | ||||
repair, and demolition of
utilities, structures, and roads | ||||
provided the uncontaminated soil is not
commingled with any | ||
general construction or demolition debris or other waste.
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To the extent allowed by federal law, uncontaminated | ||
concrete with protruding rebar shall be considered clean | ||
construction or demolition debris and shall not be considered | ||
"waste" if it is separated or processed and returned to the | ||
economic mainstream in the form of raw materials or products | ||
within 4 years of its generation, if it is not speculatively | ||
accumulated and, if used as a fill material, it is used in | ||
accordance with item (i) in subsection (b) of this Section | ||
within 30 days of its generation.
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(b) "Clean construction or demolition debris" means
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uncontaminated broken concrete without protruding metal bars, | ||
bricks, rock,
stone, reclaimed or other asphalt pavement, or | ||
soil generated from construction or
demolition activities.
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Clean construction or demolition debris does not include | ||
uncontaminated soil
generated during construction, remodeling, | ||
repair, and demolition of utilities,
structures, and roads | ||
provided the uncontaminated soil is not commingled with
any | ||
clean construction or demolition debris or other waste.
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To the extent allowed by federal law, clean construction or | ||
demolition debris
shall not be considered "waste" if it is (i) | ||
used as fill material outside of a setback zone if the fill is | ||
placed no higher than the
highest point of elevation existing | ||
prior to the filling immediately adjacent
to the fill area, and | ||
if covered by sufficient uncontaminated soil to
support | ||
vegetation within 30 days of the completion of filling or if | ||
covered
by a road or structure, or (ii) separated or processed | ||
and returned to the
economic mainstream in the form of raw | ||
materials or products, if it is not
speculatively accumulated | ||
and, if used as a fill material, it is used in
accordance with | ||
item (i) within 30 days of its generation, or (iii) solely
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broken concrete without protruding metal bars used for erosion | ||
control, or
(iv) generated from the construction or demolition | ||
of a building, road, or
other structure and used to construct, | ||
on the site where the construction or
demolition has taken | ||
place, a manmade
functional structure not to exceed 20 feet | ||
above the highest point of
elevation of the property | ||
immediately adjacent to the new manmade functional
structure as | ||
that elevation existed prior to the creation of that new
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structure,
provided that the structure shall be covered with | ||
sufficient soil
materials to sustain vegetation or by a road or | ||
structure, and further
provided that no such structure shall be | ||
constructed within
a home rule municipality with a population | ||
over 500,000 without the consent
of the municipality.
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For purposes of this subsection (b), reclaimed or other | ||
asphalt pavement shall not be considered speculatively | ||
accumulated if: (i) it is not commingled with any other clean | ||
construction or demolition debris or any waste; (ii) it is | ||
returned to the economic mainstream in the form of raw | ||
materials or products within 4 years after its generation; | ||
(iii) at least 25% of the total amount present at a site during | ||
a calendar year is transported off of the site during the next | ||
calendar year; and (iv) if used as a fill material, it is used | ||
in accordance with item (i) of the second paragraph of this | ||
subsection (b).
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(Source: P.A. 93-179, eff. 7-11-03; 94-272, eff. 7-19-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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