Bill Text: IL HB4606 | 2013-2014 | 98th General Assembly | Veto Message
Bill Title: Amends the Environmental Protection Act. Provides that the portion of a site or facility that accepts exclusively general construction or demolition debris and is operated and located in accordance with a specified provision of the Act is not a pollution control facility (previously required the facility to be located in a county with a population over 3,000,000 as of January 1, 2000 or in a county that is contiguous to such a county to fall under the exemption).
Spectrum: Bipartisan Bill
Status: (Passed) 2014-12-08 - Public Act . . . . . . . . . 98-1130 [HB4606 Detail]
Download: Illinois-2013-HB4606-Veto_Message.html
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:
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“(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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