Public Act 096-0235
 		





HB0266 Enrolled
LRB096 04409 JDS 14460 b






    AN ACT concerning safety.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Environmental Protection Act is amended  by 
changing Sections 3.160 and 22.38 as follows:
 



    (415 ILCS 5/3.160)  (was 415 ILCS 5/3.78 and 3.78a)


    Sec. 3.160. Construction or demolition debris. 

    (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;

plastics that are not sealed in a manner that conceals waste; 
electrical
wiring and components containing no hazardous 
substances; and corrugated cardboard, piping or metals

incidental to any of those materials.

    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.

    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.

    (b) "Clean construction or demolition debris" means

uncontaminated broken concrete without protruding metal bars, 
bricks, rock,
stone, reclaimed or other asphalt pavement, or 
soil generated from construction or
demolition activities.

    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.

    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), or (iii) solely
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
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.


    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).

(Source: P.A. 94-272, eff. 7-19-05; 95-121, eff. 8-13-07.)

 



    (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 of receipt of the general 
    construction or demolition
debris at the facility, sort the 
    general construction or demolition debris to
separate the

    recyclable general construction or demolition debris and 
    recovered wood that is processed for use as fuel from 
    non-recyclable
general construction or demolition debris 
    to be disposed of or discarded;


        (2) transport off site for disposal all non-recyclable 
    general
construction or demolition debris that is neither 
    recyclable general construction or demolition debris nor 
    recovered wood that is processed for use as fuel in

    accordance with all applicable federal, State, and local 
    requirements within 72
hours of its receipt at the 
    facility;


        (3) limit the percentage of incoming non-recyclable 
    general construction
or demolition debris to 25% or
less of 
    the total incoming general construction or demolition 
    debris,
as calculated on a daily basis, so that 75% or more 
    of the general construction or demolition debris accepted 
    on a daily basis consists of recyclable general 
    construction or demolition debris, recovered wood that is 
    processed for use as fuel, or both;


        (4) transport all non-putrescible recyclable general 
    construction or
demolition debris
for recycling or 
    disposal within 6 months of its receipt at the facility;


        (5) within 45 days of its receipt at the facility, 
    transport 
            (i) all putrescible or combustible recyclable 
        general
construction or demolition debris (excluding 
        recovered wood that is processed for use as fuel)
for 
        recycling or disposal; and
            (ii) all recovered wood that is processed for use 
        as fuel to an intermediate processing facility for 
        sizing, to a combustion facility for use as fuel, or to 
        a disposal facility; within 45 days of its receipt at

        the facility;


        (6) employ tagging and recordkeeping procedures to (i) 
    demonstrate
compliance
with this Section and (ii) identify 
    the source and transporter of material
accepted by the 
    facility;


        (7) control odor, noise, combustion of materials, 
    disease vectors, dust,
and litter;


        (8) control, manage, and dispose of any storm water 
    runoff and leachate
generated at the facility in accordance 
    with applicable federal, State, and
local requirements;


        (9) control access to the facility;


        (10) comply with all applicable federal, State, or 
    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; and


        (11) 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:


            (A) the name, address, and telephone number of both 
        the facility owner
and operator;


            (B) the street address and location of the 
        facility;


            (C) a description of facility operations;


            (D) a description of the tagging and 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;


            (E) the name and location of the disposal sites 
        site to be used for the
transportation and disposal of 
        any general construction or demolition debris received 
        at the facility that must be disposed of; 
        non-recyclable materials accepted at the
facility;


            (F) the name and location of an individual, 
        facility, or business to
which recyclable materials 
        will be transported; and 
            (G) the name and location of intermediate 
        processing facilities or combustion facilities to 
        which recovered wood that is processed for use as fuel 
        will be transported; and 


            (H) (G) other information as specified on the form 
        provided by the Agency.


        When any of the information contained or processes 
    described in the initial
notification form submitted to the 
    Agency changes, the owner and operator shall
submit an 
    updated form within 14 days of the change.

    (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 general
construction or 
demolition debris processed for use as fuel, incinerated,

burned, buried, or otherwise used as fill material.

    (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".
    (g) Recyclable general construction or demolition debris 
or recovered wood that is processed for use as fuel that is 
sent for disposal at the end of the applicable retention period 
shall not be considered as meeting the 75% diversion 
requirement for purposes of subdivision (b)(3) of this Section. 
(Source: P.A. 90-475, eff. 8-17-97.)

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