Public Act 097-0314
 
HB1326 EnrolledLRB097 07066 JDS 47159 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 Section 22.38 as follows:
 



    (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.


        (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.


        (11) Prior to August 24, 2009 (the effective date of 
    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:


            (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 to 
        be used for the
disposal of any general construction or 
        demolition debris received at the facility that must be 
        disposed of;


            (F) the name and location of an individual, 
        facility, or business to
which recyclable materials 
        will be transported;
 
            (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) other information as specified on the form 
        provided by the Agency.

        (12) On or after August 24, 2009 (the effective date 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. 

        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. 
    (h) 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. 
(Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09; 
96-1000, eff. 7-2-10.)

 
    Section 10. The Illinois Highway Code is amended  by adding 
Sections 4-221 and 4-222 as follows:
 
    (605 ILCS 5/4-221 new)
    Sec. 4-221. Mix designs. To the extent allowed by federal 
law, the Department specifications shall allow the use of 
recycled asphalt roofing shingles received from facilities 
authorized to process asphalt roofing shingles for recycling 
into asphalt pavement in accordance with (i) permits issued 
pursuant to Section 39 of the Environmental Protection Act or 
(ii) beneficial use determinations issued pursuant to Section 
22.54 of the Environmental Protection Act. In creating the mix 
designs used for construction and maintenance of State 
highways, it shall be the goal of the Department, through its 
specifications, to maximize the percentage of recycled asphalt 
roofing shingles and binder replacement and to maximize the use 
of recycled aggregates and other lowest-cost constituents in 
the mix so long as there is no detrimental impact on life-cycle 
costs.
 
    (605 ILCS 5/4-222 new)
    Sec. 4-222. Recycled asphalt roofing shingles; cost 
savings; prohibitions on use in asphalt paving.
    (a) It shall be the goal of the Department, with regard to 
its asphalt paving projects and to the extent possible, to 
reduce the carbon footprint and reduce average costs by 
maximizing the percentage use of recycled materials or lowest 
cost alternative materials and extending the paving season so 
long as there is no detrimental impact on life-cycle costs. In 
furtherance of these goals, the Department shall provide to the 
Chairpersons of the Transportation Committee in each 
legislative chamber, within 60 days after the completion of 
each fiscal year, a written report of the activities initiated 
or abandoned in each district or region within the Department 
to meet those goals during the previous year. The report shall 
also include an analysis of the cost savings directly or 
indirectly attributed to those activities within each district 
or region.  Upon review of the annual report, the Transportation 
Committees in each chamber may conduct hearings and provide 
recommendations to the Department regarding the performance of 
each district or region.
    (b) No producer of asphalt pavement, operating pursuant to 
an air permit issued by the Illinois Environmental Protection 
Agency, shall use recycled asphalt roofing shingles in its 
pavement product unless the shingles have been processed for 
recycling into asphalt pavement in accordance with (i) permits 
issued pursuant to Section 39 of the Environmental Protection 
Act or (ii) beneficial use determinations issued pursuant to 
Section 22.54 of the Environmental Protection Act. The 
prohibition in this subsection (b) shall apply in addition to 
any other rules, specifications, or other requirements adopted 
by the Department regarding the use of asphalt roofing shingles 
in pavement product.