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

---

Sen. David Koehler

Filed: 3/11/2011

09700SB1543sam001 LRB097 09942 JDS 51986 a
AMENDMENT TO SENATE BILL 1543
AMENDMENT NO. ______. Amend Senate Bill 1543 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
changing Section 22.54 as follows:
(415 ILCS 5/22.54)
Sec. 22.54. Beneficial Use Determinations. The purpose of
this Section is to allow the Agency to determine that a
material otherwise required to be managed as waste may be
managed as non-waste if that material is used beneficially and
in a manner that is protective of human health and the
environment.
(a) To the extent allowed by federal law, the Agency may,
upon the request of an applicant, make a written determination
that a material is used beneficially (rather than discarded)
and, therefore, not a waste if the applicant demonstrates all

09700SB1543sam001 - 2 - LRB097 09942 JDS 51986 a
of the following:
(1) The chemical and physical properties of the
material are comparable to similar commercially available
materials.
(2) The market demand for the material is such that all
of the following requirements are met:
(A) The material will be used within a reasonable
time.
(B) The material's storage prior to use will be
minimized.
(C) The material will not be abandoned.
(3) The material is legitimately beneficially used.
For the purposes of this item (3) of subsection (a) of this
Section, a material is "legitimately beneficially used" if
the applicant demonstrates all of the following:
(A) The material is managed separately from waste,
as a valuable material, and in a manner that maintains
its beneficial usefulness, including, but not limited
to, storing in a manner that minimizes the material's
loss and maintains its beneficial usefulness.
(B) The material is used as an effective substitute
for a similar commercially available material. For the
purposes of this paragraph (B) of item (3) of
subsection (a) of this Section, a material is "used as
an effective substitute for a commercially available
material" if the applicant demonstrates one or more of

09700SB1543sam001 - 3 - LRB097 09942 JDS 51986 a
the following:
(i) The material is used as a valuable raw
material or ingredient to produce a legitimate end
product.
(ii) The material is used directly as a
legitimate end product in place of a similar
commercially available product.
(iii) The material replaces a catalyst or
carrier to produce a legitimate end product.
The applicant's demonstration under this paragraph
(B) of item (3) of subsection (a) of this Section must
include, but is not limited to, a description of the
use of the material, a description of the use of the
legitimate end product, and a demonstration that the
use of the material is comparable to the use of similar
commercially available products.
(C) The applicant demonstrates all of the
following:
(i) The material is used under paragraph (B) of
item (3) of subsection (a) of this Section within a
reasonable time.
(ii) The material's storage prior to use is
minimized.
(iii) The material is not abandoned.
(4) The management and use of the material will not
cause, threaten, or allow the release of any contaminant

09700SB1543sam001 - 4 - LRB097 09942 JDS 51986 a
into the environment, except as authorized by law.
(5) The management and use of the material otherwise
protects human health and safety and the environment.
(b) Applications for beneficial use determinations must be
submitted on forms and in a format prescribed by the Agency.
Agency approval, approval with conditions, or disapproval of an
application for a beneficial use determination must be in
writing. Approvals with conditions and disapprovals of
applications for a beneficial use determination must include
the Agency's reasons for the conditions or disapproval, and
they are subject to review under Section 40 of this Act.
(c) Beneficial use determinations shall be effective for a
period approved by the Agency, but that period may not exceed 5
years. Material that is beneficially used (i) in accordance
with a beneficial use determination, (ii) during the effective
period of the beneficial use determination, and (iii) by the
recipient of a beneficial use determination shall maintain its
non-waste status after the effective period of the beneficial
use determination unless its use no longer complies with the
terms of the beneficial use determination or the material
otherwise becomes waste.
(d) No recipient of a beneficial use determination shall
manage or use the material that is the subject of the
determination in violation of the determination or any
conditions in the determination, unless the material is managed
as waste.

09700SB1543sam001 - 5 - LRB097 09942 JDS 51986 a
(e) A beneficial use determination shall terminate by
operation of law if, due to a change in law, it conflicts with
the law; however, the recipient of the determination may apply
for a new beneficial use determination that is consistent with
the law as amended.
(f) This Section does not apply to hazardous waste, coal
combustion waste, coal combustion by-product, sludge applied
to the land, potentially infectious medical waste, or used oil.
(g) This Section does not apply to material that is burned
for energy recovery, that is used to produce a fuel, or that is
otherwise contained in a fuel.
(h) This Section does not apply to waste from the steel and
foundry industries that is (i) classified as beneficially
usable waste under Board rules and (ii) beneficially used in
accordance with Board rules governing the management of
beneficially usable waste from the steel and foundry
industries. This Section does apply to other beneficial uses of
waste from the steel and foundry industries, including, but not
limited to, waste that is classified as beneficially usable
waste but not used in accordance with the Board's rules
governing the management of beneficially usable waste from the
steel and foundry industries. No person shall use iron slags,
steelmaking slags, or foundry sands for land reclamation
purposes unless they have obtained a beneficial use
determination for such use under this Section.
(i) For purposes of this Section, the term "commercially

09700SB1543sam001 - 6 - LRB097 09942 JDS 51986 a
available material" means virgin material that (i) meets
industry standards for a specific use and (ii) is normally sold
for such use. For purposes of this Section, the term
"commercially available product" means a product made of virgin
material that (i) meets industry standards for a specific use
and (ii) is normally sold for such use.
(j) For each ton of asphalt roofing shingles deposited by a
Section 22.38 facility at an Agency-approved recycling
facility pursuant to this Section, the Section 22.38 facility
shall receive credit for 2 tons of recycled material toward its
mandatory recycle percentage. The Section 22.38 facility shall
be responsible for maintaining records generated by any
recycling facility that identify the tonnage of asphalt roofing
shingles deposited at the facility. All records maintained
pursuant to this Section shall be kept for a minimum of 3 years
and shall be subject to inspection by the IEPA upon reasonable
request.
(k) Beginning on March 1, 2012, no person shall deposit
commercially viable, recyclable asphalt roofing shingles at a
waste-storage, waste-treatment, or waste-disposal facility
when 2 or more shingle recycling facilities, as approved by the
Agency pursuant to this Section, are located within a 30-mile
radius of the waste facility.
(Source: P.A. 96-489, eff. 8-14-09.)
Section 10. The Illinois Highway Code is amended by adding

09700SB1543sam001 - 7 - LRB097 09942 JDS 51986 a
Sections 4-221 and 4-222 as follows:
(605 ILCS 5/4-221 new)
Sec. 4-221. Mix designs. To the extent allowed by federal
law, the Department specifications shall allow the use of
recycled asphalt shingles from recycling facilities that are
approved by the Illinois Environmental Protection Agency and
that are in compliance with the operational guidelines and
asbestos-testing requirements set forth by the Agency under
Section 22.54 of the Environmental Protection Act in mix
designs used for the construction and maintenance of State
highways. It shall be the goal of the Department, through its
specifications, to meet or exceed the maximum percentage of
recycled asphalt shingles and binder replacement allowed under
Illinois State Toll Highway Authority specifications and to
maximize the percentage use of recycled materials or lowest
cost alternatives in the mix so long as there is no detrimental
impact on life cycle costs.
(605 ILCS 5/4-222 new)
Sec. 4-222. Recycled asphalt roofing shingles; cost
savings; prohibitions on use in asphalt paving.
(a) It shall be the goal of the Department, with regard to
its asphalt paving projects and to the extent possible, to
reduce the carbon footprint and reduce average costs by
maximizing the percentage use of recycled materials or lowest

09700SB1543sam001 - 8 - LRB097 09942 JDS 51986 a
cost alternative materials and extending the paving season so
long as there is no detrimental impact on life cycle costs. In
furtherance of these goals, the regional engineer from each
district or region within the Department shall provide to the
Chairpersons of the Transportation Committee in each
legislative chamber, within 60 days after the completion of
each fiscal year, a written report of the activities initiated
or abandoned in that district or region to meet those goals
during the previous year. The report shall also include an
analysis of the cost savings directly or indirectly attributed
to those activities within the district or region. Upon review
of the annual report, the Transportation Committees in each
chamber may conduct hearings and provide recommendations to any
Regional Engineer regarding the performance of each district or
region.
(b) No producer of asphalt pavement, operating pursuant to
an air permit issued by the Illinois Environmental Protection
Agency, shall use recycled asphalt shingles in its pavement
product unless, prior to the introduction of the shingles into
the production process, the shingles have been subjected to the
same asbestos testing standards and other environmental
safeguards in accordance with the operational guidelines and
requirements as set forth by the Illinois Environmental
Protection Agency under Section 22.54 of the Environmental
Protection Act.

09700SB1543sam001 - 9 - LRB097 09942 JDS 51986 a
Section 99. Effective date. This Act takes effect upon
becoming law.".