Bill Text: IL HB3056 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Environmental Protection Act. Provides that within one year after the effective date of the amendatory Act, the Pollution Control Board shall adopt amendments to the rules adopted under specified provisions to require groundwater monitoring at all clean construction or demolition debris fill operations and all uncontaminated soil fill operations. Provides that the groundwater monitoring requirements adopted pursuant to specified provisions shall be designed to detect and prevent exceedances of the Board's Class I groundwater quality standards. Provides that the amended rules may also provide exceptions or exclusions from groundwater monitoring during active dewatering at a clean construction or demolition debris fill operation or uncontaminated soil fill operation. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 20-9)

Status: (Introduced) 2017-04-25 - Added Co-Sponsor Rep. Theresa Mah [HB3056 Detail]

Download: Illinois-2017-HB3056-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3056

Introduced , by Rep. Margo McDermed

SYNOPSIS AS INTRODUCED:
415 ILCS 5/22.51
415 ILCS 5/22.51a

Amends the Environmental Protection Act. Provides that within one year after the effective date of the amendatory Act, the Pollution Control Board shall adopt amendments to the rules adopted under specified provisions to require groundwater monitoring at all clean construction or demolition debris fill operations and all uncontaminated soil fill operations. Provides that the groundwater monitoring requirements adopted pursuant to specified provisions shall be designed to detect and prevent exceedances of the Board's Class I groundwater quality standards. Provides that the amended rules may also provide exceptions or exclusions from groundwater monitoring during active dewatering at a clean construction or demolition debris fill operation or uncontaminated soil fill operation. Effective immediately.
LRB100 10376 MJP 20569 b

A BILL FOR

HB3056LRB100 10376 MJP 20569 b
1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended by
5changing Sections 22.51 and 22.51a as follows:
6 (415 ILCS 5/22.51)
7 Sec. 22.51. Clean Construction or Demolition Debris Fill
8Operations.
9 (a) No person shall conduct any clean construction or
10demolition debris fill operation in violation of this Act or
11any regulations or standards adopted by the Board.
12 (b)(1)(A) Beginning August 18, 2005 but prior to July 1,
132008, no person shall use clean construction or demolition
14debris as fill material in a current or former quarry, mine, or
15other excavation, unless they have applied for an interim
16authorization from the Agency for the clean construction or
17demolition debris fill operation.
18 (B) The Agency shall approve an interim authorization upon
19its receipt of a written application for the interim
20authorization that is signed by the site owner and the site
21operator, or their duly authorized agent, and that contains the
22following information: (i) the location of the site where the
23clean construction or demolition debris fill operation is

HB3056- 2 -LRB100 10376 MJP 20569 b
1taking place, (ii) the name and address of the site owner,
2(iii) the name and address of the site operator, and (iv) the
3types and amounts of clean construction or demolition debris
4being used as fill material at the site.
5 (C) The Agency may deny an interim authorization if the
6site owner or the site operator, or their duly authorized
7agent, fails to provide to the Agency the information listed in
8subsection (b)(1)(B) of this Section. Any denial of an interim
9authorization shall be subject to appeal to the Board in
10accordance with the procedures of Section 40 of this Act.
11 (D) No person shall use clean construction or demolition
12debris as fill material in a current or former quarry, mine, or
13other excavation for which the Agency has denied interim
14authorization under subsection (b)(1)(C) of this Section. The
15Board may stay the prohibition of this subsection (D) during
16the pendency of an appeal of the Agency's denial of the interim
17authorization brought under subsection (b)(1)(C) of this
18Section.
19 (2) Beginning September 1, 2006, owners and operators of
20clean construction or demolition debris fill operations shall,
21in accordance with a schedule prescribed by the Agency, submit
22to the Agency applications for the permits required under this
23Section. The Agency shall notify owners and operators in
24writing of the due date for their permit application. The due
25date shall be no less than 90 days after the date of the
26Agency's written notification. Owners and operators who do not

HB3056- 3 -LRB100 10376 MJP 20569 b
1receive a written notification from the Agency by October 1,
22007, shall submit a permit application to the Agency by
3January 1, 2008. The interim authorization of owners and
4operators who fail to submit a permit application to the Agency
5by the permit application's due date shall terminate on (i) the
6due date established by the Agency if the owner or operator
7received a written notification from the Agency prior to
8October 1, 2007, or (ii) or January 1, 2008, if the owner or
9operator did not receive a written notification from the Agency
10by October 1, 2007.
11 (3) On and after July 1, 2008, no person shall use clean
12construction or demolition debris as fill material in a current
13or former quarry, mine, or other excavation (i) without a
14permit granted by the Agency for the clean construction or
15demolition debris fill operation or in violation of any
16conditions imposed by such permit, including periodic reports
17and full access to adequate records and the inspection of
18facilities, as may be necessary to assure compliance with this
19Act and with Board regulations and standards adopted under this
20Act or (ii) in violation of any regulations or standards
21adopted by the Board under this Act.
22 (4) This subsection (b) does not apply to:
23 (A) the use of clean construction or demolition debris
24 as fill material in a current or former quarry, mine, or
25 other excavation located on the site where the clean
26 construction or demolition debris was generated;

HB3056- 4 -LRB100 10376 MJP 20569 b
1 (B) the use of clean construction or demolition debris
2 as fill material in an excavation other than a current or
3 former quarry or mine if this use complies with Illinois
4 Department of Transportation specifications; or
5 (C) current or former quarries, mines, and other
6 excavations that do not use clean construction or
7 demolition debris as fill material.
8 (c) In accordance with Title VII of this Act, the Board may
9adopt regulations to promote the purposes of this Section. The
10Agency shall consult with the mining and construction
11industries during the development of any regulations to promote
12the purposes of this Section.
13 (1) No later than December 15, 2005, the Agency shall
14 propose to the Board, and no later than September 1, 2006,
15 the Board shall adopt, regulations for the use of clean
16 construction or demolition debris as fill material in
17 current and former quarries, mines, and other excavations.
18 Such regulations shall include, but shall not be limited
19 to, standards for clean construction or demolition debris
20 fill operations and the submission and review of permits
21 required under this Section.
22 (2) Until the Board adopts rules under subsection
23 (c)(1) of this Section, all persons using clean
24 construction or demolition debris as fill material in a
25 current or former quarry, mine, or other excavation shall:
26 (A) Assure that only clean construction or

HB3056- 5 -LRB100 10376 MJP 20569 b
1 demolition debris is being used as fill material by
2 screening each truckload of material received using a
3 device approved by the Agency that detects volatile
4 organic compounds. Such devices may include, but are
5 not limited to, photo ionization detectors. All
6 screening devices shall be operated and maintained in
7 accordance with manufacturer's specifications.
8 Unacceptable fill material shall be rejected from the
9 site; and
10 (B) Retain for a minimum of 3 years the following
11 information:
12 (i) The name of the hauler, the name of the
13 generator, and place of origin of the debris or
14 soil;
15 (ii) The approximate weight or volume of the
16 debris or soil; and
17 (iii) The date the debris or soil was received.
18 (d) This Section applies only to clean construction or
19demolition debris that is not considered "waste" as provided in
20Section 3.160 of this Act.
21 (e) For purposes of this Section:
22 (1) The term "operator" means a person responsible for
23 the operation and maintenance of a clean construction or
24 demolition debris fill operation.
25 (2) The term "owner" means a person who has any direct
26 or indirect interest in a clean construction or demolition

HB3056- 6 -LRB100 10376 MJP 20569 b
1 debris fill operation or in land on which a person operates
2 and maintains a clean construction or demolition debris
3 fill operation. A "direct or indirect interest" does not
4 include the ownership of publicly traded stock. The "owner"
5 is the "operator" if there is no other person who is
6 operating and maintaining a clean construction or
7 demolition debris fill operation.
8 (3) The term "clean construction or demolition debris
9 fill operation" means a current or former quarry, mine, or
10 other excavation where clean construction or demolition
11 debris is used as fill material.
12 (4) The term "uncontaminated soil" shall have the same
13 meaning as uncontaminated soil under Section 3.160 of this
14 Act.
15 (f)(1) No later than one year after the effective date of
16this amendatory Act of the 96th General Assembly, the Agency
17shall propose to the Board, and, no later than one year after
18the Board's receipt of the Agency's proposal, the Board shall
19adopt, rules for the use of clean construction or demolition
20debris and uncontaminated soil as fill material at clean
21construction or demolition debris fill operations. The rules
22must include standards and procedures necessary to protect
23groundwater, which may include, but shall not be limited to,
24the following: requirements regarding testing and
25certification of soil used as fill material, surface water
26runoff, liners or other protective barriers, monitoring

HB3056- 7 -LRB100 10376 MJP 20569 b
1(including, but not limited to, groundwater monitoring),
2corrective action, recordkeeping, reporting, closure and
3post-closure care, financial assurance, post-closure land use
4controls, location standards, and the modification of existing
5permits to conform to the requirements of this Act and Board
6rules. The rules may also include limits on the use of
7recyclable concrete and asphalt as fill material at clean
8construction or demolition debris fill operations, taking into
9account factors such as technical feasibility, economic
10reasonableness, and the availability of markets for such
11materials.
12 (2) Until the effective date of the Board rules adopted
13under subdivision (f)(1) of this Section, and in addition to
14any other requirements, owners and operators of clean
15construction or demolition debris fill operations must do all
16of the following in subdivisions (f)(2)(A) through (f)(2)(D) of
17this Section for all clean construction or demolition debris
18and uncontaminated soil accepted for use as fill material. The
19requirements in subdivisions (f)(2)(A) through (f)(2)(D) of
20this Section shall not limit any rules adopted by the Board.
21 (A) Document the following information for each load of
22 clean construction or demolition debris or uncontaminated
23 soil received: (i) the name of the hauler, the address of
24 the site of origin, and the owner and the operator of the
25 site of origin of the clean construction or demolition
26 debris or uncontaminated soil, (ii) the weight or volume of

HB3056- 8 -LRB100 10376 MJP 20569 b
1 the clean construction or demolition debris or
2 uncontaminated soil, and (iii) the date the clean
3 construction or demolition debris or uncontaminated soil
4 was received.
5 (B) For all soil, obtain either (i) a certification
6 from the owner or operator of the site from which the soil
7 was removed that the site has never been used for
8 commercial or industrial purposes and is presumed to be
9 uncontaminated soil or (ii) a certification from a licensed
10 Professional Engineer or licensed Professional Geologist
11 that the soil is uncontaminated soil. Certifications
12 required under this subdivision (f)(2)(B) must be on forms
13 and in a format prescribed by the Agency.
14 (C) Confirm that the clean construction or demolition
15 debris or uncontaminated soil was not removed from a site
16 as part of a cleanup or removal of contaminants, including,
17 but not limited to, activities conducted under the
18 Comprehensive Environmental Response, Compensation, and
19 Liability Act of 1980, as amended; as part of a Closure or
20 Corrective Action under the Resource Conservation and
21 Recovery Act, as amended; or under an Agency remediation
22 program, such as the Leaking Underground Storage Tank
23 Program or Site Remediation Program, but excluding sites
24 subject to Section 58.16 of this Act where there is no
25 presence or likely presence of a release or a substantial
26 threat of a release of a regulated substance at, on, or

HB3056- 9 -LRB100 10376 MJP 20569 b
1 from the real property.
2 (D) Document all activities required under subdivision
3 (f)(2) of this Section. Documentation of any chemical
4 analysis must include, but is not limited to, (i) a copy of
5 the lab analysis, (ii) accreditation status of the
6 laboratory performing the analysis, and (iii)
7 certification by an authorized agent of the laboratory that
8 the analysis has been performed in accordance with the
9 Agency's rules for the accreditation of environmental
10 laboratories and the scope of accreditation.
11 (3) Owners and operators of clean construction or
12demolition debris fill operations must maintain all
13documentation required under subdivision (f)(2) of this
14Section for a minimum of 3 years following the receipt of each
15load of clean construction or demolition debris or
16uncontaminated soil, except that documentation relating to an
17appeal, litigation, or other disputed claim must be maintained
18until at least 3 years after the date of the final disposition
19of the appeal, litigation, or other disputed claim. Copies of
20the documentation must be made available to the Agency and to
21units of local government for inspection and copying during
22normal business hours. The Agency may prescribe forms and
23formats for the documentation required under subdivision
24(f)(2) of this Section.
25 Chemical analysis conducted under subdivision (f)(2) of
26this Section must be conducted in accordance with the

HB3056- 10 -LRB100 10376 MJP 20569 b
1requirements of 35 Ill. Adm. Code 742, as amended, and "Test
2Methods for Evaluating Solid Waste, Physical/Chemical
3Methods", USEPA Publication No. SW-846, as amended.
4 (4) Within one year after the effective date of this
5amendatory Act of the 100th General Assembly, the Board shall
6adopt amendments to the rules adopted under subdivision (f)(1)
7of this Section to require groundwater monitoring at all clean
8construction or demolition debris fill operations. The
9groundwater monitoring requirements adopted pursuant to this
10subdivision shall be designed to detect and prevent exceedances
11of the Board's Class I groundwater quality standards. However,
12the amended rules may also provide exceptions or exclusions
13from groundwater monitoring during active dewatering at a clean
14construction or demolition debris fill operation.
15 (g)(1) No person shall use soil other than uncontaminated
16soil as fill material at a clean construction or demolition
17debris fill operation.
18 (2) No person shall use construction or demolition debris
19other than clean construction or demolition debris as fill
20material at a clean construction or demolition debris fill
21operation.
22(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
23 (415 ILCS 5/22.51a)
24 Sec. 22.51a. Uncontaminated Soil Fill Operations.
25 (a) For purposes of this Section:

HB3056- 11 -LRB100 10376 MJP 20569 b
1 (1) The term "uncontaminated soil" shall have the same
2 meaning as uncontaminated soil under Section 3.160 of this
3 Act.
4 (2) The term "uncontaminated soil fill operation"
5 means a current or former quarry, mine, or other excavation
6 where uncontaminated soil is used as fill material, but
7 does not include a clean construction or demolition debris
8 fill operation.
9 (b) No person shall use soil other than uncontaminated soil
10as fill material at an uncontaminated soil fill operation.
11 (c) Owners and operators of uncontaminated soil fill
12operations must register the fill operations with the Agency.
13Uncontaminated soil fill operations that received
14uncontaminated soil prior to the effective date of this
15amendatory Act of the 96th General Assembly must be registered
16with the Agency no later than March 31, 2011. Uncontaminated
17soil fill operations that first receive uncontaminated soil on
18or after the effective date of this amendatory Act of the 96th
19General Assembly must be registered with the Agency prior to
20the receipt of any uncontaminated soil. Registrations must be
21submitted on forms and in a format prescribed by the Agency.
22 (d)(1) No later than one year after the effective date of
23this amendatory Act of the 96th General Assembly, the Agency
24shall propose to the Board, and, no later than one year after
25the Board's receipt of the Agency's proposal, the Board shall
26adopt, rules for the use of uncontaminated soil as fill

HB3056- 12 -LRB100 10376 MJP 20569 b
1material at uncontaminated soil fill operations. The rules must
2include standards and procedures necessary to protect
3groundwater, which shall include, but shall not be limited to,
4testing and certification of soil used as fill material and
5requirements for recordkeeping.
6 (2) Until the effective date of the Board rules adopted
7under subdivision (d)(1) of this Section, owners and operators
8of uncontaminated soil fill operations must do all of the
9following in subdivisions (d)(2)(A) through (d)(2)(F) of this
10Section for all uncontaminated soil accepted for use as fill
11material. The requirements in subdivisions (d)(2)(A) through
12(d)(2)(F) of this Section shall not limit any rules adopted by
13the Board.
14 (A) Document the following information for each load of
15 uncontaminated soil received: (i) the name of the hauler,
16 the address of the site of origin, and the owner and the
17 operator of the site of origin of the uncontaminated soil,
18 (ii) the weight or volume of the uncontaminated soil, and
19 (iii) the date the uncontaminated soil was received.
20 (B) Obtain either (i) a certification from the owner or
21 operator of the site from which the soil was removed that
22 the site has never been used for commercial or industrial
23 purposes and is presumed to be uncontaminated soil or (ii)
24 a certification from a licensed Professional Engineer or a
25 licensed Professional Geologist that the soil is
26 uncontaminated soil. Certifications required under this

HB3056- 13 -LRB100 10376 MJP 20569 b
1 subdivision (d)(2)(B) must be on forms and in a format
2 prescribed by the Agency.
3 (C) Confirm that the uncontaminated soil was not
4 removed from a site as part of a cleanup or removal of
5 contaminants, including, but not limited to, activities
6 conducted under the Comprehensive Environmental Response,
7 Compensation, and Liability Act of 1980, as amended; as
8 part of a Closure or Corrective Action under the Resource
9 Conservation and Recovery Act, as amended; or under an
10 Agency remediation program, such as the Leaking
11 Underground Storage Tank Program or Site Remediation
12 Program, but excluding sites subject to Section 58.16 of
13 this Act where there is no presence or likely presence of a
14 release or a substantial threat of a release of a regulated
15 substance at, on, or from the real property.
16 (D) Visually inspect each load to confirm that only
17 uncontaminated soil is being accepted for use as fill
18 material.
19 (E) Screen each load of uncontaminated soil using a
20 device that is approved by the Agency and detects volatile
21 organic compounds. Such a device may include, but is not
22 limited to, a photo ionization detector or a flame
23 ionization detector. All screening devices shall be
24 operated and maintained in accordance with the
25 manufacturer's specifications. Unacceptable soil must be
26 rejected from the fill operation.

HB3056- 14 -LRB100 10376 MJP 20569 b
1 (F) Document all activities required under subdivision
2 (d)(2) of this Section. Documentation of any chemical
3 analysis must include, but is not limited to, (i) a copy of
4 the lab analysis, (ii) accreditation status of the
5 laboratory performing the analysis, and (iii)
6 certification by an authorized agent of the laboratory that
7 the analysis has been performed in accordance with the
8 Agency's rules for the accreditation of environmental
9 laboratories and the scope of accreditation.
10 (3) Owners and operators of uncontaminated soil fill
11operations must maintain all documentation required under
12subdivision (d)(2) of this Section for a minimum of 3 years
13following the receipt of each load of uncontaminated soil,
14except that documentation relating to an appeal, litigation, or
15other disputed claim must be maintained until at least 3 years
16after the date of the final disposition of the appeal,
17litigation, or other disputed claim. Copies of the
18documentation must be made available to the Agency and to units
19of local government for inspection and copying during normal
20business hours. The Agency may prescribe forms and formats for
21the documentation required under subdivision (d)(2) of this
22Section.
23 (4) Within one year after the effective date of this
24amendatory Act of the 100th General Assembly, the Board shall
25adopt amendments to the rules adopted under subdivision (d)(1)
26of this Section to require groundwater monitoring at all

HB3056- 15 -LRB100 10376 MJP 20569 b
1uncontaminated soil fill operations. The groundwater
2monitoring requirements adopted pursuant to this subdivision
3shall be designed to detect and prevent exceedances of the
4Board's Class I groundwater quality standards. However, the
5amended rules may also provide exceptions or exclusions from
6groundwater monitoring during active dewatering at an
7uncontaminated soil fill operation.
8 Chemical analysis conducted under subdivision (d)(2) of
9this Section must be conducted in accordance with the
10requirements of 35 Ill. Adm. Code 742, as amended, and "Test
11Methods for Evaluating Solid Waste, Physical/Chemical
12Methods", USEPA Publication No. SW-846, as amended.
13(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
14 Section 99. Effective date. This Act takes effect upon
15becoming law.
feedback