Bill Text: IL HB5815 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. In provisions concerning construction or demolition debris, provides that the maximum concentrations for inorganics and ionizing organics in uncontaminated soil shall be consistent with the soil remediation objectives in specified administrative rules. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5815 Detail]

Download: Illinois-2017-HB5815-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5815 Introduced , by Rep. Mike Fortner SYNOPSIS AS INTRODUCED:
415 ILCS 5/3.160 was 415 ILCS 5/3.78 and 3.78a
Amends the Environmental Protection Act. In provisions concerning construction or demolition debris, provides that the maximum concentrations for inorganics and ionizing organics in uncontaminated soil shall be consistent with the soil remediation objectives in specified administrative rules. Effective immediately.
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A BILL FOR
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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 3.160 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

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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

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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

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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. The maximum concentrations for
inorganics and ionizing organics in uncontaminated soil
shall be consistent with the soil remediation objectives in
Table C of Appendix B of 35 Ill. Adm. Code 742. 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

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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 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
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. 96-235, eff. 8-11-09; 96-1416, eff. 7-30-10;
97-137, eff. 7-14-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.