Bill Text: IL SB1543 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Passed) 2013-02-04 - Public Act . . . . . . . . . 97-1163 [SB1543 Detail]
Download: Illinois-2011-SB1543-Engrossed.html
Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Passed) 2013-02-04 - Public Act . . . . . . . . . 97-1163 [SB1543 Detail]
Download: Illinois-2011-SB1543-Engrossed.html
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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Section 22.38 as follows:
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6 | (415 ILCS 5/22.38)
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7 | Sec. 22.38. Facilities accepting exclusively general | ||||||
8 | construction or
demolition debris
for transfer, storage, or | ||||||
9 | treatment.
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10 | (a) Facilities accepting exclusively general construction | ||||||
11 | or demolition
debris for
transfer, storage, or treatment shall | ||||||
12 | be subject to local zoning, ordinance,
and
land use | ||||||
13 | requirements.
Those facilities shall be located in accordance | ||||||
14 | with local zoning requirements
or, in the absence of local | ||||||
15 | zoning requirements, shall be located so that no
part of the | ||||||
16 | facility boundary is closer than 1,320 feet from the nearest
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17 | property zoned for primarily residential use.
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18 | (b) An owner or operator of a facility accepting | ||||||
19 | exclusively general
construction or demolition debris for | ||||||
20 | transfer, storage, or treatment shall:
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21 | (1) Within 48 hours of receipt of the general | ||||||
22 | construction or demolition
debris at the facility, sort the | ||||||
23 | general construction or demolition debris to
separate the
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1 | recyclable general construction or demolition debris and | ||||||
2 | recovered wood that is processed for use as fuel from | ||||||
3 | non-recyclable
general construction or demolition debris | ||||||
4 | to be disposed of or discarded.
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5 | (2) Transport off site for disposal all non-recyclable | ||||||
6 | general
construction or demolition debris that is neither | ||||||
7 | recyclable general construction or demolition debris nor | ||||||
8 | recovered wood that is processed for use as fuel in
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9 | accordance with all applicable federal, State, and local | ||||||
10 | requirements within 72
hours of its receipt at the | ||||||
11 | facility.
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12 | (3) Limit the percentage of incoming non-recyclable | ||||||
13 | general construction
or demolition debris to 25% or
less of | ||||||
14 | the total incoming general construction or demolition | ||||||
15 | debris,
as calculated on a daily basis, so that 75% or more | ||||||
16 | of the general construction or demolition debris accepted | ||||||
17 | on a daily basis consists of recyclable general | ||||||
18 | construction or demolition debris, recovered wood that is | ||||||
19 | processed for use as fuel, or both.
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20 | (4) Transport all non-putrescible recyclable general | ||||||
21 | construction or
demolition debris
for recycling or | ||||||
22 | disposal within 6 months of its receipt at the facility.
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23 | (5) Within 45 days of its receipt at the facility, | ||||||
24 | transport (i) all putrescible or combustible recyclable | ||||||
25 | general
construction or demolition debris
(excluding | ||||||
26 | recovered wood that is processed for use as fuel) for |
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1 | recycling or disposal and (ii) all recovered wood that is | ||||||
2 | processed for use as fuel to an intermediate processing | ||||||
3 | facility for sizing, to a combustion facility for use as | ||||||
4 | fuel, or to a disposal facility.
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5 | (6) Employ tagging and recordkeeping procedures to (i) | ||||||
6 | demonstrate
compliance
with this Section and (ii) identify | ||||||
7 | the source and transporter of material
accepted by the | ||||||
8 | facility.
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9 | (7) Control odor, noise, combustion of materials, | ||||||
10 | disease vectors, dust,
and litter.
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11 | (8) Control, manage, and dispose of any storm water | ||||||
12 | runoff and leachate
generated at the facility in accordance | ||||||
13 | with applicable federal, State, and
local requirements.
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14 | (9) Control access to the facility.
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15 | (10) Comply with all applicable federal, State, or | ||||||
16 | local requirements for
the handling, storage, | ||||||
17 | transportation, or disposal of asbestos-containing
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18 | material or other material accepted at the
facility that is | ||||||
19 | not general construction or demolition debris.
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20 | (11) Prior to August 24, 2009 (the effective date of | ||||||
21 | Public Act 96-611), submit to the Agency at least 30 days | ||||||
22 | prior to the initial acceptance
of general construction or | ||||||
23 | demolition debris at the facility, on forms provided
by the | ||||||
24 | Agency, the following information:
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25 | (A) the name, address, and telephone number of both | ||||||
26 | the facility owner
and operator;
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1 | (B) the street address and location of the | ||||||
2 | facility;
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3 | (C) a description of facility operations;
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4 | (D) a description of the tagging and recordkeeping | ||||||
5 | procedures the
facility will employ to (i) demonstrate | ||||||
6 | compliance with this Section and (ii)
identify the | ||||||
7 | source and transporter of any material accepted by the | ||||||
8 | facility;
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9 | (E) the name and location of the disposal sites to | ||||||
10 | be used for the
disposal of any general construction or | ||||||
11 | demolition debris received at the facility that must be | ||||||
12 | disposed of;
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13 | (F) the name and location of an individual, | ||||||
14 | facility, or business to
which recyclable materials | ||||||
15 | will be transported;
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16 | (G) the name and location of intermediate | ||||||
17 | processing facilities or combustion facilities to | ||||||
18 | which recovered wood that is processed for use as fuel | ||||||
19 | will be transported; and
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20 | (H) other information as specified on the form | ||||||
21 | provided by the Agency.
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22 | (12) On or after August 24, 2009 (the effective date of | ||||||
23 | Public Act 96-611), obtain a permit issued by the Agency | ||||||
24 | prior to the initial acceptance of general construction or | ||||||
25 | demolition debris at the facility.
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26 | When any of the information contained or processes |
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1 | described in the initial
notification form submitted to the | ||||||
2 | Agency changes, the owner and operator shall
submit an | ||||||
3 | updated form within 14 days of the change.
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4 | (c) For purposes of this Section, the term "recyclable | ||||||
5 | general
construction or demolition debris" means general | ||||||
6 | construction or demolition
debris that has been rendered | ||||||
7 | reusable and is reused or that would otherwise
be disposed of | ||||||
8 | or discarded but is collected, separated, or processed and
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9 | returned to the economic mainstream in the form of raw | ||||||
10 | materials or products.
"Recyclable general construction or | ||||||
11 | demolition debris" does not include general
construction or | ||||||
12 | demolition debris processed for use as fuel, incinerated,
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13 | burned, buried, or otherwise used as fill material.
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14 | (d) For purposes of this Section, "treatment" means | ||||||
15 | processing
designed to alter the physical nature of the general | ||||||
16 | construction or
demolition debris, including but not limited to | ||||||
17 | size reduction, crushing,
grinding, or
homogenization, but | ||||||
18 | does not include processing designed to change the chemical
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19 | nature of the general construction or demolition debris.
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20 | (e) For purposes of this Section, "recovered wood that is | ||||||
21 | processed for use as fuel" means wood that has been salvaged | ||||||
22 | from general construction or demolition debris and processed | ||||||
23 | for use as fuel, as authorized by the applicable state or | ||||||
24 | federal environmental regulatory authority, and supplied only | ||||||
25 | to intermediate processing facilities for sizing, or to | ||||||
26 | combustion facilities for use as fuel, that have obtained all |
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1 | necessary waste management and air permits for handling and | ||||||
2 | combustion of the fuel. | ||||||
3 | (f) For purposes of this Section, "non-recyclable general | ||||||
4 | construction or demolition debris" does not include "recovered | ||||||
5 | wood that is processed for use as fuel". | ||||||
6 | (g) Recyclable general construction or demolition debris | ||||||
7 | or recovered wood that is processed for use as fuel that is | ||||||
8 | sent for disposal at the end of the applicable retention period | ||||||
9 | shall not be considered as meeting the 75% diversion | ||||||
10 | requirement for purposes of subdivision (b)(3) of this Section. | ||||||
11 | (h) For purposes of the 75% diversion requirement under | ||||||
12 | subdivision (b)(3) of this Section, owners and operators of | ||||||
13 | facilities accepting exclusively general construction or | ||||||
14 | demolition debris for transfer, storage, or treatment may | ||||||
15 | multiply by 2 the amount of accepted asphalt roofing shingles | ||||||
16 | that are transferred to a facility for recycling in accordance | ||||||
17 | with a beneficial use determination issued under Section 22.54 | ||||||
18 | of this Act. The owner or operator of the facility accepting | ||||||
19 | exclusively general construction or demolition debris for | ||||||
20 | transfer, storage, or treatment must maintain receipts from the | ||||||
21 | shingle recycling facility that document the amounts of asphalt | ||||||
22 | roofing shingles transferred for recycling in accordance with | ||||||
23 | the beneficial use determination. All receipts must be | ||||||
24 | maintained for a minimum of 3 years and must be made available | ||||||
25 | to the Agency for inspection and copying during normal business | ||||||
26 | hours. |
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1 | (Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09; | ||||||
2 | 96-1000, eff. 7-2-10.)
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3 | Section 10. The Illinois Highway Code is amended by adding | ||||||
4 | Sections 4-221 and 4-222 as follows:
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5 | (605 ILCS 5/4-221 new) | ||||||
6 | Sec. 4-221. Mix designs. To the extent allowed by federal | ||||||
7 | law, the Department specifications shall allow the use of | ||||||
8 | recycled asphalt roofing shingles received from facilities | ||||||
9 | authorized to process asphalt roofing shingles for recycling | ||||||
10 | into asphalt pavement in accordance with (i) permits issued | ||||||
11 | pursuant to Section 39 of the Environmental Protection Act or | ||||||
12 | (ii) beneficial use determinations issued pursuant to Section | ||||||
13 | 22.54 of the Environmental Protection Act. In creating the mix | ||||||
14 | designs used for construction and maintenance of State | ||||||
15 | highways, it shall be the goal of the Department, through its | ||||||
16 | specifications, to maximize the percentage of recycled asphalt | ||||||
17 | roofing shingles and binder replacement and to maximize the use | ||||||
18 | of recycled aggregates and other lowest-cost constituents in | ||||||
19 | the mix so long as there is no detrimental impact on life-cycle | ||||||
20 | costs.
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21 | (605 ILCS 5/4-222 new) | ||||||
22 | Sec. 4-222. Recycled asphalt roofing shingles; cost | ||||||
23 | savings; prohibitions on use in asphalt paving. |
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1 | (a) It shall be the goal of the Department, with regard to | ||||||
2 | its asphalt paving projects and to the extent possible, to | ||||||
3 | reduce the carbon footprint and reduce average costs by | ||||||
4 | maximizing the percentage use of recycled materials or lowest | ||||||
5 | cost alternative materials and extending the paving season so | ||||||
6 | long as there is no detrimental impact on life-cycle costs. In | ||||||
7 | furtherance of these goals, the Department shall provide to the | ||||||
8 | Chairpersons of the Transportation Committee in each | ||||||
9 | legislative chamber, within 60 days after the completion of | ||||||
10 | each fiscal year, a written report of the activities initiated | ||||||
11 | or abandoned in each district or region within the Department | ||||||
12 | to meet those goals during the previous year. The report shall | ||||||
13 | also include an analysis of the cost savings directly or | ||||||
14 | indirectly attributed to those activities within each district | ||||||
15 | or region. Upon review of the annual report, the Transportation | ||||||
16 | Committees in each chamber may conduct hearings and provide | ||||||
17 | recommendations to the Department regarding the performance of | ||||||
18 | each district or region. | ||||||
19 | (b) No producer of asphalt pavement, operating pursuant to | ||||||
20 | an air permit issued by the Illinois Environmental Protection | ||||||
21 | Agency, shall use recycled asphalt roofing shingles in its | ||||||
22 | pavement product unless the shingles have been processed for | ||||||
23 | recycling into asphalt pavement in accordance with (i) permits | ||||||
24 | issued pursuant to Section 39 of the Environmental Protection | ||||||
25 | Act or (ii) beneficial use determinations issued pursuant to | ||||||
26 | Section 22.54 of the Environmental Protection Act. The |
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