Bill Text: IL HB2264 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Environmental Protection Act. Provides that clean construction or demolition debris (CCDD), including general fill soil commingled with CCDD, is not waste if certain requirements are met. Provides that "general fill soil" is soil generated from construction or demolition activities and containing concentrations of chemicals at or below either certain Tiered Approach to Corrective Action Objective (TACO) Tier I exposure route values or, under certain circumstances, higher limits, such as acceptable detection limits or background concentrations. Provides that "restricted fill soil", including general fill soil commingled with restricted fill soil, is soil generated from construction or demolition activities that meets certain requirements. Makes changes to concerning the use of CCDD. Requires the Illinois Environmental Protection Agency to issue permits for the use of CCDD and restricted fill soil as fill material. Provides that after January 1, 2010, a person may use CCDD and restricted fill soil as fill material, if certain requirements are met. Provides that the Agency may, without a permit, enter into intergovernmental agreements with units of State or local government to authorize the use of soil and CCDD. Provides for enforcement of certain CCDD-related violations by administrative citation. Provides civil penalties for certain violations. Makes other changes. Effective immediately.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB2264 Detail]

Download: Illinois-2009-HB2264-Engrossed.html

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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 22.51 as follows:
(415 ILCS 5/22.51)
Sec. 22.51. Clean Construction or Demolition Debris Fill
Operations.
(a) No person shall conduct any clean construction or
demolition debris fill operation in violation of this Act or
any regulations or standards adopted by the Board.
(b)(1)(A) Beginning 30 days after the effective date of
this amendatory Act of the 94th General Assembly but prior to
July 1, 2008, no person shall use clean construction or
demolition debris as fill material in a current or former
quarry, mine, or other excavation, unless they have applied for
an interim authorization from the Agency for the clean
construction or demolition debris fill operation.
(B) The Agency shall approve an interim authorization upon
its receipt of a written application for the interim
authorization that is signed by the site owner and the site
operator, or their duly authorized agent, and that contains the
following information: (i) the location of the site where the

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clean construction or demolition debris fill operation is
taking place, (ii) the name and address of the site owner,
(iii) the name and address of the site operator, and (iv) the
types and amounts of clean construction or demolition debris
being used as fill material at the site, and (v) a site
reclamation plan that addresses potential hazards to public
health and safety.
(C) The Agency may deny an interim authorization if the
site owner or the site operator, or their duly authorized
agent, fails to provide to the Agency the information listed in
subsection (b)(1)(B) of this Section. Any denial of an interim
authorization shall be subject to appeal to the Board in
accordance with the procedures of Section 40 of this Act.
(D) No person shall use clean construction or demolition
debris as fill material in a current or former quarry, mine, or
other excavation for which the Agency has denied interim
authorization under subsection (b)(1)(C) of this Section. The
Board may stay the prohibition of this subsection (D) during
the pendency of an appeal of the Agency's denial of the interim
authorization brought under subsection (b)(1)(C) of this
Section.
(2) Beginning September 1, 2006, owners and operators of
clean construction or demolition debris fill operations shall,
in accordance with a schedule prescribed by the Agency, submit
to the Agency applications for the permits required under this
Section. The Agency shall notify owners and operators in

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writing of the due date for their permit application. The due
date shall be no less than 90 days after the date of the
Agency's written notification. Owners and operators who do not
receive a written notification from the Agency by October 1,
2007, shall submit a permit application to the Agency by
January 1, 2008. The interim authorization of owners and
operators who fail to submit a permit application to the Agency
by the permit application's due date shall terminate on (i) the
due date established by the Agency if the owner or operator
received a written notification from the Agency prior to
October 1, 2007, or (ii) or January 1, 2008, if the owner or
operator did not receive a written notification from the Agency
by October 1, 2007.
(3) On and after July 1, 2008, no person shall use clean
construction or demolition debris as fill material in a current
or former quarry, mine, or other excavation without a permit
granted by the Agency for the clean construction or demolition
debris fill operation or in violation of any conditions imposed
by such permit, including periodic reports and full access to
adequate records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with Board
regulations and standards adopted under this Act. The Board
shall amend these rules as expeditiously as possible to bring
them into compliance with the requirements of this amendatory
Act of the 96th General Assembly.
(4) This subsection (b) does not apply to:

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(A) the use of clean construction or demolition debris
as fill material in a current or former quarry, mine, or
other excavation located on the site where the clean
construction or demolition debris was generated;
(B) the use of clean construction or demolition debris
as fill material in an excavation other than a current or
former quarry or mine if this use complies with Illinois
Department of Transportation specifications; or
(C) current or former quarries, mines, and other
excavations that do not use clean construction or
demolition debris as fill material.
(c) In accordance with Title VII of this Act, the Board may
adopt regulations to promote the purposes of this Section. The
Agency shall consult with the mining and construction
industries during the development of any regulations to promote
the purposes of this Section.
(1) No later than December 15, 2005, the Agency shall
propose to the Board, and no later than September 1, 2006,
the Board shall adopt, regulations for the use of clean
construction or demolition debris as fill material in
current and former quarries, mines, and other excavations.
Such regulations shall include, but shall not be limited
to, standards for clean construction or demolition debris
fill operations and the submission and review of permits
required under this Section.
(2) Until the Board adopts rules under subsection

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(c)(1) of this Section, all persons using clean
construction or demolition debris as fill material in a
current or former quarry, mine, or other excavation shall:
(A) Assure that only clean construction or
demolition debris is being used as fill material by
screening each truckload of material received using a
device approved by the Agency that detects volatile
organic compounds. Such devices may include, but are
not limited to, photo ionization detectors. All
screening devices shall be operated and maintained in
accordance with manufacturer's specifications.
Unacceptable fill material shall be rejected from the
site; and
(B) Retain for a minimum of 3 years the following
information:
(i) The name of the hauler, the name of the
generator, and place of origin of the debris or
soil;
(ii) The approximate weight or volume of the
debris or soil; and
(iii) The date the debris or soil was received.
(d) This Section applies only to clean construction or
demolition debris that is not considered "waste" as provided in
Section 3.160 of this Act.
(e) For purposes of a clean construction or demolition
debris fill operation:

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(1) The term "operator" means a person responsible for
the operation and maintenance of a clean construction or
demolition debris fill operation.
(2) The term "owner" means a person who has any direct
or indirect interest in a clean construction or demolition
debris fill operation or in land on which a person operates
and maintains a clean construction or demolition debris
fill operation. A "direct or indirect interest" does not
include the ownership of publicly traded stock. The "owner"
is the "operator" if there is no other person who is
operating and maintaining a clean construction or
demolition debris fill operation.
(Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06.)
Section 99. Effective date. This Act takes effect upon
becoming law.