Bill Text: IL HB3371 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Environmental Protection Act. Authorizes owners and operators of clean construction and demolition debris soil fill operations, as well as the owners and operators of uncontaminated soil fill operations, to meet a certification requirement by, among other things, certifying that the soil was removed from a public highway right-of-way and is presumed to be uncontaminated soil. Effective immediately.

Sponsorship: Bipartisan Bill

Status: (Passed) 2011-07-14 - Public Act . . . . . . . . . 97-0137 [HB3371 Detail]

Download: Illinois-2011-HB3371-Chaptered.html

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Public Act 097-0137
HB3371 Enrolled LRB097 10931 JDS 51492 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, 22.51, and 22.51a 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, and, if used as fill material
in a current or former quarry, mine, or other excavation, is
used in accordance with the requirements of Section 22.51 of
this Act and the rules adopted thereunder 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).
(c) For purposes of this Section, the term "uncontaminated
soil" means soil that does not contain contaminants in
concentrations that pose a threat to human health and safety
and the environment.
(1) No later than one year after the effective date of
this amendatory Act of the 96th General Assembly, the
Agency shall propose, and, no later than one year after
receipt of the Agency's proposal, the Board shall adopt,
rules specifying the maximum concentrations of
contaminants that may be present in uncontaminated soil for
purposes of this Section. For carcinogens, the maximum
concentrations shall not allow exposure to exceed an excess
upper-bound lifetime risk of 1 in 1,000,000; provided that
if the most stringent remediation objective or applicable
background concentration for a contaminant set forth in 35
Ill. Adm. Code 742 is greater than the concentration that
would allow exposure at an excess upper-bound lifetime risk
of 1 in 1,000,000, the Board may consider allowing that
contaminant in concentrations up to its most stringent
remediation objective or applicable background

concentration set forth in benzo(a)pyrene up to the
applicable background concentration set forth in Table H of
Appendix A of 35 Ill. Adm. Code 742 in soil used as fill
material in a current or former quarry, mine, or other
excavation in accordance with Section 22.51 or 22.51a of
this Act and rules adopted under those Sections. Any
background concentration set forth in 35 Ill. Adm. Code 742
that is adopted as a maximum concentration must be , so long
as the applicable background concentration is based upon
the location of the quarry, mine, or other excavation where
the soil is used as fill material.
(2) To the extent allowed under federal law and
regulations, uncontaminated soil shall not be considered a
waste.
(Source: P.A. 95-121, eff. 8-13-07; 96-235, eff. 8-11-09;
96-1416, eff. 7-30-10.)
(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 August 18, 2005 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
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.
(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
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 (i) 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 or (ii) in violation of any regulations or standards
adopted by the Board under this Act.
(4) This subsection (b) does not apply to:
(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
(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 this Section:
(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.
(3) The term "clean construction or demolition debris
fill operation" means a current or former quarry, mine, or
other excavation where clean construction or demolition
debris is used as fill material.
(4) The term "uncontaminated soil" shall have the same
meaning as uncontaminated soil under Section 3.160 of this
Act.
(f)(1) No later than one year after the effective date of
this amendatory Act of the 96th General Assembly, the Agency
shall propose to the Board, and, no later than one year after

the Board's receipt of the Agency's proposal, the Board shall
adopt, rules for the use of clean construction or demolition
debris and uncontaminated soil as fill material at clean
construction or demolition debris fill operations. The rules
must include standards and procedures necessary to protect
groundwater, which may include, but shall not be limited to,
the following: requirements regarding testing and
certification of soil used as fill material, surface water
runoff, liners or other protective barriers, monitoring
(including, but not limited to, groundwater monitoring),
corrective action, recordkeeping, reporting, closure and
post-closure care, financial assurance, post-closure land use
controls, location standards, and the modification of existing
permits to conform to the requirements of this Act and Board
rules. The rules may also include limits on the use of
recyclable concrete and asphalt as fill material at clean
construction or demolition debris fill operations, taking into
account factors such as technical feasibility, economic
reasonableness, and the availability of markets for such
materials.
(2) Until the effective date of the Board rules adopted
under subdivision (f)(1) of this Section, and in addition to
any other requirements, owners and operators of clean
construction or demolition debris fill operations must do all
of the following in subdivisions (f)(2)(A) through (f)(2)(D) of
this Section for all clean construction or demolition debris

and uncontaminated soil accepted for use as fill material. The
requirements in subdivisions (f)(2)(A) through (f)(2)(D) of
this Section shall not limit any rules adopted by the Board.
(A) Document the following information for each load of
clean construction or demolition debris or uncontaminated
soil received: (i) the name of the hauler, the address of
the site of origin, and the owner and the operator of the
site of origin of the clean construction or demolition
debris or uncontaminated soil, (ii) the weight or volume of
the clean construction or demolition debris or
uncontaminated soil, and (iii) the date the clean
construction or demolition debris or uncontaminated soil
was received.
(B) For all soil, obtain either (i) a certification
from the owner or operator of the site from which the soil
was removed that the site has never been used for
commercial or industrial purposes and is presumed to be
uncontaminated soil or (ii) a certification from a licensed
Professional Engineer or licensed Professional Geologist
that the soil is uncontaminated soil. Certifications
required under this subdivision (f)(2)(B) must be on forms
and in a format prescribed by the Agency.
(C) Confirm that the clean construction or demolition
debris or uncontaminated soil was not removed from a site
as part of a cleanup or removal of contaminants, including,
but not limited to, activities conducted under the

Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; as part of a Closure or
Corrective Action under the Resource Conservation and
Recovery Act, as amended; or under an Agency remediation
program, such as the Leaking Underground Storage Tank
Program or Site Remediation Program, but excluding sites
subject to Section 58.16 of this Act where there is no
presence or likely presence of a release or a substantial
threat of a release of a regulated substance at, on, or
from the real property.
(D) Document all activities required under subdivision
(f)(2) of this Section. Documentation of any chemical
analysis must include, but is not limited to, (i) a copy of
the lab analysis, (ii) accreditation status of the
laboratory performing the analysis, and (iii)
certification by an authorized agent of the laboratory that
the analysis has been performed in accordance with the
Agency's rules for the accreditation of environmental
laboratories and the scope of accreditation.
(3) Owners and operators of clean construction or
demolition debris fill operations must maintain all
documentation required under subdivision (f)(2) of this
Section for a minimum of 3 years following the receipt of each
load of clean construction or demolition debris or
uncontaminated soil, except that documentation relating to an
appeal, litigation, or other disputed claim must be maintained

until at least 3 years after the date of the final disposition
of the appeal, litigation, or other disputed claim. Copies of
the documentation must be made available to the Agency and to
units of local government for inspection and copying during
normal business hours. The Agency may prescribe forms and
formats for the documentation required under subdivision
(f)(2) of this Section.
Chemical analysis conducted under subdivision (f)(2) of
this Section must be conducted in accordance with the
requirements of 35 Ill. Adm. Code 742, as amended, and "Test
Methods for Evaluating Solid Waste, Physical/Chemical
Methods", USEPA Publication No. SW-846, as amended.
(g)(1) No person shall use soil other than uncontaminated
soil as fill material at a clean construction or demolition
debris fill operation.
(2) No person shall use construction or demolition debris
other than clean construction or demolition debris as fill
material at a clean construction or demolition debris fill
operation.
(Source: P.A. 96-1416, eff. 7-30-10.)
(415 ILCS 5/22.51a)
Sec. 22.51a. Uncontaminated Soil Fill Operations.
(a) For purposes of this Section:
(1) The term "uncontaminated soil" shall have the same
meaning as uncontaminated soil under Section 3.160 of this

Act.
(2) The term "uncontaminated soil fill operation"
means a current or former quarry, mine, or other excavation
where uncontaminated soil is used as fill material, but
does not include a clean construction or demolition debris
fill operation.
(b) No person shall use soil other than uncontaminated soil
as fill material at an uncontaminated soil fill operation.
(c) Owners and operators of uncontaminated soil fill
operations must register the fill operations with the Agency.
Uncontaminated soil fill operations that received
uncontaminated soil prior to the effective date of this
amendatory Act of the 96th General Assembly must be registered
with the Agency no later than March 31, 2011. Uncontaminated
soil fill operations that first receive uncontaminated soil on
or after the effective date of this amendatory Act of the 96th
General Assembly must be registered with the Agency prior to
the receipt of any uncontaminated soil. Registrations must be
submitted on forms and in a format prescribed by the Agency.
(d)(1) No later than one year after the effective date of
this amendatory Act of the 96th General Assembly, the Agency
shall propose to the Board, and, no later than one year after
the Board's receipt of the Agency's proposal, the Board shall
adopt, rules for the use of uncontaminated soil as fill
material at uncontaminated soil fill operations. The rules must
include standards and procedures necessary to protect

groundwater, which shall include, but shall not be limited to,
testing and certification of soil used as fill material and
requirements for recordkeeping.
(2) Until the effective date of the Board rules adopted
under subdivision (d)(1) of this Section, owners and operators
of uncontaminated soil fill operations must do all of the
following in subdivisions (d)(2)(A) through (d)(2)(F) of this
Section for all uncontaminated soil accepted for use as fill
material. The requirements in subdivisions (d)(2)(A) through
(d)(2)(F) of this Section shall not limit any rules adopted by
the Board.
(A) Document the following information for each load of
uncontaminated soil received: (i) the name of the hauler,
the address of the site of origin, and the owner and the
operator of the site of origin of the uncontaminated soil,
(ii) the weight or volume of the uncontaminated soil, and
(iii) the date the uncontaminated soil was received.
(B) Obtain either (i) a certification from the owner or
operator of the site from which the soil was removed that
the site has never been used for commercial or industrial
purposes and is presumed to be uncontaminated soil or (ii)
a certification from a licensed Professional Engineer or a
licensed Professional Geologist that the soil is
uncontaminated soil. Certifications required under this
subdivision (d)(2)(B) must be on forms and in a format
prescribed by the Agency.

(C) Confirm that the uncontaminated soil was not
removed from a site as part of a cleanup or removal of
contaminants, including, but not limited to, activities
conducted under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended; as
part of a Closure or Corrective Action under the Resource
Conservation and Recovery Act, as amended; or under an
Agency remediation program, such as the Leaking
Underground Storage Tank Program or Site Remediation
Program, but excluding sites subject to Section 58.16 of
this Act where there is no presence or likely presence of a
release or a substantial threat of a release of a regulated
substance at, on, or from the real property.
(D) Visually inspect each load to confirm that only
uncontaminated soil is being accepted for use as fill
material.
(E) Screen each load of uncontaminated soil using a
device that is approved by the Agency and detects volatile
organic compounds. Such a device may include, but is not
limited to, a photo ionization detector or a flame
ionization detector. All screening devices shall be
operated and maintained in accordance with the
manufacturer's specifications. Unacceptable soil must be
rejected from the fill operation.
(F) Document all activities required under subdivision
(d)(2) of this Section. Documentation of any chemical

analysis must include, but is not limited to, (i) a copy of
the lab analysis, (ii) accreditation status of the
laboratory performing the analysis, and (iii)
certification by an authorized agent of the laboratory that
the analysis has been performed in accordance with the
Agency's rules for the accreditation of environmental
laboratories and the scope of accreditation.
(3) Owners and operators of uncontaminated soil fill
operations must maintain all documentation required under
subdivision (d)(2) of this Section for a minimum of 3 years
following the receipt of each load of uncontaminated soil,
except that documentation relating to an appeal, litigation, or
other disputed claim must be maintained until at least 3 years
after the date of the final disposition of the appeal,
litigation, or other disputed claim. Copies of the
documentation must be made available to the Agency and to units
of local government for inspection and copying during normal
business hours. The Agency may prescribe forms and formats for
the documentation required under subdivision (d)(2) of this
Section.
Chemical analysis conducted under subdivision (d)(2) of
this Section must be conducted in accordance with the
requirements of 35 Ill. Adm. Code 742, as amended, and "Test
Methods for Evaluating Solid Waste, Physical/Chemical
Methods", USEPA Publication No. SW-846, as amended.
(Source: P.A. 96-1416, eff. 7-30-10.)

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