Bill Text: IL SB1543 | 2011-2012 | 97th General Assembly | Amended
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-Amended.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-Amended.html
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1 | AMENDMENT TO SENATE BILL 1543
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2 | AMENDMENT NO. ______. Amend Senate Bill 1543, AS AMENDED, | ||||||
3 | with reference to page and line numbers of Senate Amendment No. | ||||||
4 | 2, as follows:
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5 | on page 1, line 5, by replacing "Sections 3.160 and 22.54" with | ||||||
6 | "Section 22.38"; and
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7 | by replacing page 1, line 6, through page 10, line 19, with the | ||||||
8 | following:
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9 | "(415 ILCS 5/22.38)
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10 | Sec. 22.38. Facilities accepting exclusively general | ||||||
11 | construction or
demolition debris
for transfer, storage, or | ||||||
12 | treatment.
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13 | (a) Facilities accepting exclusively general construction | ||||||
14 | or demolition
debris for
transfer, storage, or treatment shall | ||||||
15 | be subject to local zoning, ordinance,
and
land use |
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1 | requirements.
Those facilities shall be located in accordance | ||||||
2 | with local zoning requirements
or, in the absence of local | ||||||
3 | zoning requirements, shall be located so that no
part of the | ||||||
4 | facility boundary is closer than 1,320 feet from the nearest
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5 | property zoned for primarily residential use.
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6 | (b) An owner or operator of a facility accepting | ||||||
7 | exclusively general
construction or demolition debris for | ||||||
8 | transfer, storage, or treatment shall:
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9 | (1) Within 48 hours of receipt of the general | ||||||
10 | construction or demolition
debris at the facility, sort the | ||||||
11 | general construction or demolition debris to
separate the
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12 | recyclable general construction or demolition debris and | ||||||
13 | recovered wood that is processed for use as fuel from | ||||||
14 | non-recyclable
general construction or demolition debris | ||||||
15 | to be disposed of or discarded.
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16 | (2) Transport off site for disposal all non-recyclable | ||||||
17 | general
construction or demolition debris that is neither | ||||||
18 | recyclable general construction or demolition debris nor | ||||||
19 | recovered wood that is processed for use as fuel in
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20 | accordance with all applicable federal, State, and local | ||||||
21 | requirements within 72
hours of its receipt at the | ||||||
22 | facility.
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23 | (3) Limit the percentage of incoming non-recyclable | ||||||
24 | general construction
or demolition debris to 25% or
less of | ||||||
25 | the total incoming general construction or demolition | ||||||
26 | debris,
as calculated on a daily basis, so that 75% or more |
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1 | of the general construction or demolition debris accepted | ||||||
2 | on a daily basis consists of recyclable general | ||||||
3 | construction or demolition debris, recovered wood that is | ||||||
4 | processed for use as fuel, or both.
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5 | (4) Transport all non-putrescible recyclable general | ||||||
6 | construction or
demolition debris
for recycling or | ||||||
7 | disposal within 6 months of its receipt at the facility.
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8 | (5) Within 45 days of its receipt at the facility, | ||||||
9 | transport (i) all putrescible or combustible recyclable | ||||||
10 | general
construction or demolition debris
(excluding | ||||||
11 | recovered wood that is processed for use as fuel) for | ||||||
12 | recycling or disposal and (ii) all recovered wood that is | ||||||
13 | processed for use as fuel to an intermediate processing | ||||||
14 | facility for sizing, to a combustion facility for use as | ||||||
15 | fuel, or to a disposal facility.
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16 | (6) Employ tagging and recordkeeping procedures to (i) | ||||||
17 | demonstrate
compliance
with this Section and (ii) identify | ||||||
18 | the source and transporter of material
accepted by the | ||||||
19 | facility.
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20 | (7) Control odor, noise, combustion of materials, | ||||||
21 | disease vectors, dust,
and litter.
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22 | (8) Control, manage, and dispose of any storm water | ||||||
23 | runoff and leachate
generated at the facility in accordance | ||||||
24 | with applicable federal, State, and
local requirements.
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25 | (9) Control access to the facility.
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26 | (10) Comply with all applicable federal, State, or |
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1 | local requirements for
the handling, storage, | ||||||
2 | transportation, or disposal of asbestos-containing
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3 | material or other material accepted at the
facility that is | ||||||
4 | not general construction or demolition debris.
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5 | (11) Prior to August 24, 2009 (the effective date of | ||||||
6 | Public Act 96-611), submit to the Agency at least 30 days | ||||||
7 | prior to the initial acceptance
of general construction or | ||||||
8 | demolition debris at the facility, on forms provided
by the | ||||||
9 | Agency, the following information:
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10 | (A) the name, address, and telephone number of both | ||||||
11 | the facility owner
and operator;
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12 | (B) the street address and location of the | ||||||
13 | facility;
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14 | (C) a description of facility operations;
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15 | (D) a description of the tagging and recordkeeping | ||||||
16 | procedures the
facility will employ to (i) demonstrate | ||||||
17 | compliance with this Section and (ii)
identify the | ||||||
18 | source and transporter of any material accepted by the | ||||||
19 | facility;
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20 | (E) the name and location of the disposal sites to | ||||||
21 | be used for the
disposal of any general construction or | ||||||
22 | demolition debris received at the facility that must be | ||||||
23 | disposed of;
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24 | (F) the name and location of an individual, | ||||||
25 | facility, or business to
which recyclable materials | ||||||
26 | will be transported;
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1 | (G) the name and location of intermediate | ||||||
2 | processing facilities or combustion facilities to | ||||||
3 | which recovered wood that is processed for use as fuel | ||||||
4 | will be transported; and
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5 | (H) other information as specified on the form | ||||||
6 | provided by the Agency.
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7 | (12) On or after August 24, 2009 (the effective date of | ||||||
8 | Public Act 96-611), obtain a permit issued by the Agency | ||||||
9 | prior to the initial acceptance of general construction or | ||||||
10 | demolition debris at the facility.
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11 | When any of the information contained or processes | ||||||
12 | described in the initial
notification form submitted to the | ||||||
13 | Agency changes, the owner and operator shall
submit an | ||||||
14 | updated form within 14 days of the change.
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15 | (c) For purposes of this Section, the term "recyclable | ||||||
16 | general
construction or demolition debris" means general | ||||||
17 | construction or demolition
debris that has been rendered | ||||||
18 | reusable and is reused or that would otherwise
be disposed of | ||||||
19 | or discarded but is collected, separated, or processed and
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20 | returned to the economic mainstream in the form of raw | ||||||
21 | materials or products.
"Recyclable general construction or | ||||||
22 | demolition debris" does not include general
construction or | ||||||
23 | demolition debris processed for use as fuel, incinerated,
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24 | burned, buried, or otherwise used as fill material.
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25 | (d) For purposes of this Section, "treatment" means | ||||||
26 | processing
designed to alter the physical nature of the general |
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1 | construction or
demolition debris, including but not limited to | ||||||
2 | size reduction, crushing,
grinding, or
homogenization, but | ||||||
3 | does not include processing designed to change the chemical
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4 | nature of the general construction or demolition debris.
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5 | (e) For purposes of this Section, "recovered wood that is | ||||||
6 | processed for use as fuel" means wood that has been salvaged | ||||||
7 | from general construction or demolition debris and processed | ||||||
8 | for use as fuel, as authorized by the applicable state or | ||||||
9 | federal environmental regulatory authority, and supplied only | ||||||
10 | to intermediate processing facilities for sizing, or to | ||||||
11 | combustion facilities for use as fuel, that have obtained all | ||||||
12 | necessary waste management and air permits for handling and | ||||||
13 | combustion of the fuel. | ||||||
14 | (f) For purposes of this Section, "non-recyclable general | ||||||
15 | construction or demolition debris" does not include "recovered | ||||||
16 | wood that is processed for use as fuel". | ||||||
17 | (g) Recyclable general construction or demolition debris | ||||||
18 | or recovered wood that is processed for use as fuel that is | ||||||
19 | sent for disposal at the end of the applicable retention period | ||||||
20 | shall not be considered as meeting the 75% diversion | ||||||
21 | requirement for purposes of subdivision (b)(3) of this Section. | ||||||
22 | (h) For purposes of the 75% diversion requirement under | ||||||
23 | subdivision (b)(3) of this Section, owners and operators of | ||||||
24 | facilities accepting exclusively general construction or | ||||||
25 | demolition debris for transfer, storage, or treatment may | ||||||
26 | multiply by 2 the amount of accepted asphalt roofing shingles |
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1 | that are transferred to a facility for recycling in accordance | ||||||
2 | with a beneficial use determination issued under Section 22.54 | ||||||
3 | of this Act. The owner or operator of the facility accepting | ||||||
4 | exclusively general construction or demolition debris for | ||||||
5 | transfer, storage, or treatment must maintain receipts from the | ||||||
6 | shingle recycling facility that document the amounts of asphalt | ||||||
7 | roofing shingles transferred for recycling in accordance with | ||||||
8 | the beneficial use determination. All receipts must be | ||||||
9 | maintained for a minimum of 3 years and must be made available | ||||||
10 | to the Agency for inspection and copying during normal business | ||||||
11 | hours. | ||||||
12 | (Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09; | ||||||
13 | 96-1000, eff. 7-2-10.)"; and
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14 | on page 11, line 11, immediately after " other ", by inserting | ||||||
15 | " lowest-cost "; and
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16 | on page 11, line 11, immediately after " mix ", by inserting " so | ||||||
17 | long as there is no detrimental impact on life-cycle costs "; | ||||||
18 | and
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19 | on page 12, line 13, by replacing " subsection (d) of Section | ||||||
20 | 21 " with " Section 39 ".
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