Bill Text: IL SB1607 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Environmental Protection Act. Provides that clean construction or demolition debris (CCDD), including general fill soil commingled with CCDD, is not waste if certain requirements are met. Provides that "general fill soil" is soil generated from construction or demolition activities and containing concentrations of chemicals at or below either certain Tiered Approach to Corrective Action Objective (TACO) Tier I exposure route values or, under certain circumstances, higher limits, such as acceptable detection limits or background concentrations. Provides that "restricted fill soil", including general fill soil commingled with restricted fill soil, is soil generated from construction or demolition activities that meets certain requirements. Makes changes to certain Sections of the Act concerning the use of CCDD. Requires the Illinois Environmental Protection Agency to issue permits for the use of CCDD and restricted fill soil as fill material. Provides that after January 1, 2010, a person may use CCDD and restricted fill soil as fill material, if certain requirements are met. Provides that the Agency may, without a permit, enter into intergovernmental agreements with units of State or local government to authorize the use of soil and CCDD. Provides for enforcement of certain CCDD-related violations by administrative citation. Provides civil penalties for certain violations. Makes other changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Engrossed - Dead) 2009-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB1607 Detail]

Download: Illinois-2009-SB1607-Engrossed.html

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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 Sections 3.160, 21, 22.51, 31.1, and 42 and by adding
Sections 3.202, 3.442, 22.51a, and 22.54 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 piping or metals incidental to any of those
materials.
General construction or demolition debris does not include
general fill uncontaminated soil generated during

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construction, remodeling, repair, and demolition of utilities,
structures, and roads provided the general fill 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" ("CCDD")
means uncontaminated broken concrete without protruding metal
bars, bricks, rock, stone, or reclaimed or other asphalt
pavement , or soil generated from construction or demolition
activities; provided that concrete without protruding metal
bars, bricks, rock, stone, or reclaimed or other asphalt
pavement that is generated from the construction or demolition
of a road may be considered "clean construction or demolition
debris" if it is uncontaminated except for pavement markings
that conform to Illinois Department of Transportation
specifications.
CCDD also includes general fill soil generated from
construction or demolition activities that is mixed with broken
concrete without protruding metal bars, bricks, rock, stone, or

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reclaimed asphalt pavement that is CCDD. CCDD Clean
construction or demolition debris does not include general fill
uncontaminated soil generated during construction, remodeling,
repair, and demolition of utilities, structures, and roads that
provided the uncontaminated soil is not commingled with any
CCDD clean construction or demolition debris or other waste.
To the extent allowed by federal law, CCDD clean
construction or demolition debris shall not be considered
"waste" if it is (i) used as fill material outside of a setback
zone if (1) the fill is placed no higher than the highest point
of elevation existing prior to the filling immediately adjacent
to the fill area, and (2) except as otherwise allowed under
subdivision (f)(3) of Section 22.51 of this Act, it is if
covered by sufficient general fill uncontaminated soil to
support vegetation within 30 days of the completion of filling
or is if covered by a road or structure and, (3) if used as fill
material in a current or former quarry, mine, or other
excavation, it is used in accordance with the requirements of
Section 22.51 of this Act and 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,

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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 general fill 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) "Painted construction or demolition debris" means
broken concrete without protruding metal bars, bricks, rock,
stone, or reclaimed or other asphalt pavement generated from
construction or demolition activities that contains paint but

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is otherwise uncontaminated. However, concrete without
protruding metal bars, bricks, rock, stone, or reclaimed or
other asphalt pavement that is generated from the construction
or demolition of a road may be considered "clean construction
or demolition debris" instead of "painted construction or
demolition debris" if it is uncontaminated except for pavement
markings that conform to Illinois Department of Transportation
specifications.
(Source: P.A. 94-272, eff. 7-19-05; 95-121, eff. 8-13-07.)
(415 ILCS 5/3.202 new)
Sec. 3.202. General Fill Soil. For purposes of Sections
3.160, 21, 22.51, and 22.51a of this Act, "General Fill Soil"
means soil generated from construction or demolition
activities that (i) does not exceed the most stringent Tier 1
exposure route values adopted by the Board pursuant to Title
XVII of this Act, as amended, (ii) based upon past and current
land uses and reasonable inquiry, is not known or suspected to
contain a regulated substance or pesticide for which a Tier 1
exposure route value has not been determined, and (iii) does
not contain waste. For purposes of this definition, the most
stringent Tier 1 exposure route values adopted by the Board
pursuant to Title XVII of this Act shall be determined as
follows:
(a) Except as otherwise provided in subsections (b)
through (d) of this Section, the most stringent Tier 1

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exposure route values are the lowest of the following
values for each chemical listed in 35 Ill. Adm. Code 742,
Appendix B, as amended:
(1) The Ingestion Exposure Route-Specific Value
for Soils listed in Table A of 35 Ill. Adm. Code 742,
Appendix B;
(2) The Outdoor Inhalation Exposure Route-Specific
Value for Soils listed in Table A of 35 Ill. Adm. Code
742, Appendix B;
(3) The Class I Soil Component of the Groundwater
Ingestion Exposure Route Value listed in Table A of 35
Ill. Adm. Code 742, Appendix B;
(4) The Construction Worker Ingestion Exposure
Route-Specific Value for Soils listed in Table B of 35
Ill. Adm. Code 742, Appendix B;
(5) The Construction Worker Inhalation Exposure
Route-Specific Value for Soils listed in Table B of 35
Ill. Adm. Code 742, Appendix B; and
(6) Indoor inhalation exposure route values as may
be established by the Board.
Location and other designations, such as residential
and industrial/commercial designations, shall be ignored
when comparing the values identified in this subsection
(a). The lowest values shall be used regardless of
designation.
(b) For inorganic chemicals, either the leachable

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value or the totals value set forth below can be used as
the most stringent Tier 1 exposure route value.
(1) The leachable value for each inorganic
chemical is the Class I Soil Component of the
Groundwater Ingestion Exposure Route Value listed in
Table A of 35 Ill. Adm. Code 742, Appendix B, as
amended.
(2) The totals value for each inorganic chemical is
the lowest of the following values, as amended:
(A) The Ingestion Exposure Route-Specific
Value for Soils listed in Table A of 35 Ill. Adm.
Code 742, Appendix B;
(B) The Outdoor Inhalation Exposure
Route-Specific Value for Soils listed in Table A of
35 Ill. Adm. Code 742, Appendix B;
(C) The Construction Worker Ingestion Exposure
Route-Specific Value for Soils listed in Table B of
35 Ill. Adm. Code 742, Appendix B;
(D) The Construction Worker Inhalation
Exposure Route-Specific Value for Soils listed in
Table B of 35 Ill. Adm. Code 742, Appendix B;
(E) The Class I pH Specific Soil Remediation
Objective listed in the column labeled "pH of 6.25
to 6.64" in Table C of 35 Ill. Adm. Code 742,
Appendix B; and
(F) Indoor inhalation exposure route values as

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may be established by the Board.
Location and other designations, such as
residential or industrial/commercial designations,
shall be ignored when comparing the values identified
in this subdivision (b)(2) of this Section. The lowest
values shall be used for all soil regardless of
designation.
(c) If a chemical's most stringent Tier 1 exposure
route value determined under subsections (a) and (b) of
this Section is less than the chemical's acceptable
detection limit (ADL) listed in 35 Ill. Adm. Code 742,
Appendix B, as amended, then the ADL shall serve as the
most stringent Tier 1 exposure route value.
(d) The following applies for soil used as fill
material or cover material in Chicago, a Metropolitan Area,
or a Non-Metropolitan Area as defined in Table H of 35 Ill.
Adm. Code 742, Appendix A:
(1) If a chemical's most stringent Tier 1 exposure
route value determined under subsections (a) through
(c) of this Section is less than the chemical's lowest
background concentration listed in Table H of 35 Ill.
Adm. Code 742, Appendix A, as amended, then the
chemical's lowest background concentration listed in
Table H shall serve as the most stringent Tier 1
exposure route value.
(2) For purposes of this subsection (d), the lowest

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background concentration listed in Table H shall be
used, regardless of whether it is the background
concentration listed for Chicago, a Metropolitan Area,
or a Non-Metropolitan Area.
The most stringent Tier 1 exposure route values shall be
determined solely from the values listed in 35 Ill. Adm. Code
742, Appendix A and Appendix B as provided above. Except as
provided in subsection (d) of this Section, background
concentrations cannot be used. Other provisions of the Board's
rules, such as those pertaining to the use of engineered
barriers or institutional controls, cannot be used to exclude
or otherwise alter exposure routes or exposure route values for
purposes of determining the most stringent Tier 1 exposure
route.
The Agency shall maintain on its website a list of the most
stringent Tier 1 exposure route values adopted by the Board
pursuant to Title XVII of this Act, as amended.
To the extent allowed by federal law, general fill soil is
not a waste.
(415 ILCS 5/3.442 new)
Sec. 3.442. Restricted Fill Soil. For purposes of Section
22.51 of this Act, "restricted fill soil" means soil generated
from construction or demolition activities that (i) does not
exceed the Class I Soil Component of the Groundwater Ingestion
Exposure Route Values listed in Table A of 35 Ill. Adm. Code

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742, Appendix B, as amended, (ii) based upon past and current
land uses and reasonable inquiry, is not known or suspected to
contain a regulated substance or pesticide that does not have a
Class I Soil Component of the Groundwater Ingestion Exposure
Route Value listed in Table A of 35 Ill. Adm. Code 742,
Appendix B, as amended, and (iii) does not contain waste.
General fill soil that is mixed with restricted fill soil shall
be considered restricted fill soil.
(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
Sec. 21. Prohibited acts. No person shall:
(a) Cause or allow the open dumping of any waste.
(b) Abandon, dump, or deposit any waste upon the public
highways or other public property, except in a sanitary
landfill approved by the Agency pursuant to regulations adopted
by the Board.
(c) Abandon any vehicle in violation of the "Abandoned
Vehicles Amendment to the Illinois Vehicle Code", as enacted by
the 76th General Assembly.
(d) Conduct any waste-storage, waste-treatment, or
waste-disposal operation:
(1) without a permit granted by the Agency 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

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regulations and standards adopted thereunder; provided,
however, that, except for municipal solid waste landfill
units that receive waste on or after October 9, 1993, no
permit shall be required for (i) any person conducting a
waste-storage, waste-treatment, or waste-disposal
operation for wastes generated by such person's own
activities which are stored, treated, or disposed within
the site where such wastes are generated, or (ii) a
facility located in a county with a population over 700,000
as of January 1, 2000, operated and located in accordance
with Section 22.38 of this Act, and used exclusively for
the transfer, storage, or treatment of general
construction or demolition debris;
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) which receives waste after August 31, 1988, does
not have a permit issued by the Agency, and is (i) a
landfill used exclusively for the disposal of waste
generated at the site, (ii) a surface impoundment receiving
special waste not listed in an NPDES permit, (iii) a waste
pile in which the total volume of waste is greater than 100
cubic yards or the waste is stored for over one year, or
(iv) a land treatment facility receiving special waste
generated at the site; without giving notice of the
operation to the Agency by January 1, 1989, or 30 days
after the date on which the operation commences, whichever

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is later, and every 3 years thereafter. The form for such
notification shall be specified by the Agency, and shall be
limited to information regarding: the name and address of
the location of the operation; the type of operation; the
types and amounts of waste stored, treated or disposed of
on an annual basis; the remaining capacity of the
operation; and the remaining expected life of the
operation.
Item (3) of this subsection (d) shall not apply to any
person engaged in agricultural activity who is disposing of a
substance that constitutes solid waste, if the substance was
acquired for use by that person on his own property, and the
substance is disposed of on his own property in accordance with
regulations or standards adopted by the Board.
This subsection (d) shall not apply to hazardous waste.
(e) Dispose, treat, store or abandon any waste, or
transport any waste into this State for disposal, treatment,
storage or abandonment, except at a site or facility which
meets the requirements of this Act and of regulations and
standards thereunder.
(f) Conduct any hazardous waste-storage, hazardous
waste-treatment or hazardous waste-disposal operation:
(1) without a RCRA permit for the site issued by the
Agency under subsection (d) of Section 39 of this Act, or
in violation of any condition imposed by such permit,
including periodic reports and full access to adequate

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records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; or
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) in violation of any RCRA permit filing requirement
established under standards adopted by the Board under this
Act; or
(4) in violation of any order adopted by the Board
under this Act.
Notwithstanding the above, no RCRA permit shall be required
under this subsection or subsection (d) of Section 39 of this
Act for any person engaged in agricultural activity who is
disposing of a substance which has been identified as a
hazardous waste, and which has been designated by Board
regulations as being subject to this exception, if the
substance was acquired for use by that person on his own
property and the substance is disposed of on his own property
in accordance with regulations or standards adopted by the
Board.
(g) Conduct any hazardous waste-transportation operation:
(1) without registering with and obtaining a permit
from the Agency in accordance with the Uniform Program
implemented under subsection (l-5) of Section 22.2; or
(2) in violation of any regulations or standards
adopted by the Board under this Act.

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(h) Conduct any hazardous waste-recycling or hazardous
waste-reclamation or hazardous waste-reuse operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act.
(i) Conduct any process or engage in any act which produces
hazardous waste in violation of any regulations or standards
adopted by the Board under subsections (a) and (c) of Section
22.4 of this Act.
(j) Conduct any special waste transportation operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act. However, sludge from a
water or sewage treatment plant owned and operated by a unit of
local government which (1) is subject to a sludge management
plan approved by the Agency or a permit granted by the Agency,
and (2) has been tested and determined not to be a hazardous
waste as required by applicable State and federal laws and
regulations, may be transported in this State without a special
waste hauling permit, and the preparation and carrying of a
manifest shall not be required for such sludge under the rules
of the Pollution Control Board. The unit of local government
which operates the treatment plant producing such sludge shall
file a semiannual report with the Agency identifying the volume
of such sludge transported during the reporting period, the
hauler of the sludge, and the disposal sites to which it was
transported. This subsection (j) shall not apply to hazardous
waste.

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(k) Fail or refuse to pay any fee imposed under this Act.
(l) Locate a hazardous waste disposal site above an active
or inactive shaft or tunneled mine or within 2 miles of an
active fault in the earth's crust. In counties of population
less than 225,000 no hazardous waste disposal site shall be
located (1) within 1 1/2 miles of the corporate limits as
defined on June 30, 1978, of any municipality without the
approval of the governing body of the municipality in an
official action; or (2) within 1000 feet of an existing private
well or the existing source of a public water supply measured
from the boundary of the actual active permitted site and
excluding existing private wells on the property of the permit
applicant. The provisions of this subsection do not apply to
publicly-owned sewage works or the disposal or utilization of
sludge from publicly-owned sewage works.
(m) Transfer interest in any land which has been used as a
hazardous waste disposal site without written notification to
the Agency of the transfer and to the transferee of the
conditions imposed by the Agency upon its use under subsection
(g) of Section 39.
(n) Use any land which has been used as a hazardous waste
disposal site except in compliance with conditions imposed by
the Agency under subsection (g) of Section 39.
(o) Conduct a sanitary landfill operation which is required
to have a permit under subsection (d) of this Section, in a
manner which results in any of the following conditions:

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(1) refuse in standing or flowing waters;
(2) leachate flows entering waters of the State;
(3) leachate flows exiting the landfill confines (as
determined by the boundaries established for the landfill
by a permit issued by the Agency);
(4) open burning of refuse in violation of Section 9 of
this Act;
(5) uncovered refuse remaining from any previous
operating day or at the conclusion of any operating day,
unless authorized by permit;
(6) failure to provide final cover within time limits
established by Board regulations;
(7) acceptance of wastes without necessary permits;
(8) scavenging as defined by Board regulations;
(9) deposition of refuse in any unpermitted portion of
the landfill;
(10) acceptance of a special waste without a required
manifest;
(11) failure to submit reports required by permits or
Board regulations;
(12) failure to collect and contain litter from the
site by the end of each operating day;
(13) failure to submit any cost estimate for the site
or any performance bond or other security for the site as
required by this Act or Board rules.
The prohibitions specified in this subsection (o) shall be

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enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to sanitary landfills.
(p) In violation of subdivision (a) of this Section, cause
or allow the open dumping of any waste in a manner which
results in any of the following occurrences at the dump site:
(1) litter;
(2) scavenging;
(3) open burning;
(4) deposition of waste in standing or flowing waters;
(5) proliferation of disease vectors;
(6) standing or flowing liquid discharge from the dump
site;
(7) deposition of:
(i) general construction or demolition debris as
defined in Section 3.160(a) of this Act; or
(ii) clean construction or demolition debris as
defined in Section 3.160(b) of this Act.
The prohibitions specified in this subsection (p) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to open dumping.

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(q) Conduct a landscape waste composting operation without
an Agency permit, provided, however, that no permit shall be
required for any person:
(1) conducting a landscape waste composting operation
for landscape wastes generated by such person's own
activities which are stored, treated or disposed of within
the site where such wastes are generated; or
(2) applying landscape waste or composted landscape
waste at agronomic rates; or
(3) operating a landscape waste composting facility on
a farm, if the facility meets all of the following
criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the property's total acreage, except
that the Agency may allow a higher percentage for
individual sites where the owner or operator has
demonstrated to the Agency that the site's soil
characteristics or crop needs require a higher rate;
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased or otherwise controlled by any waste
hauler or generator of nonagricultural compost

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materials, and the operator of the composting facility
is not an employee, partner, shareholder, or in any way
connected with or controlled by any such waste hauler
or generator;
(C) all compost generated by the composting
facility is applied at agronomic rates and used as
mulch, fertilizer or soil conditioner on land actually
farmed by the person operating the composting
facility, and the finished compost is not stored at the
composting site for a period longer than 18 months
prior to its application as mulch, fertilizer, or soil
conditioner;
(D) the owner or operator, by January 1, 1990 (or
the January 1 following commencement of operation,
whichever is later) and January 1 of each year
thereafter, (i) registers the site with the Agency,
(ii) reports to the Agency on the volume of composting
material received and used at the site, (iii) certifies
to the Agency that the site complies with the
requirements set forth in subparagraphs (A), (B) and
(C) of this paragraph (q)(3), and (iv) certifies to the
Agency that all composting material was placed more
than 200 feet from the nearest potable water supply
well, was placed outside the boundary of the 10-year
floodplain or on a part of the site that is
floodproofed, was placed at least 1/4 mile from the

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nearest residence (other than a residence located on
the same property as the facility) and there are not
more than 10 occupied non-farm residences within 1/2
mile of the boundaries of the site on the date of
application, and was placed more than 5 feet above the
water table.
For the purposes of this subsection (q), "agronomic rates"
means the application of not more than 20 tons per acre per
year, except that the Agency may allow a higher rate for
individual sites where the owner or operator has demonstrated
to the Agency that the site's soil characteristics or crop
needs require a higher rate.
(r) Cause or allow the storage or disposal of coal
combustion waste unless:
(1) such waste is stored or disposed of at a site or
facility for which a permit has been obtained or is not
otherwise required under subsection (d) of this Section; or
(2) such waste is stored or disposed of as a part of
the design and reclamation of a site or facility which is
an abandoned mine site in accordance with the Abandoned
Mined Lands and Water Reclamation Act; or
(3) such waste is stored or disposed of at a site or
facility which is operating under NPDES and Subtitle D
permits issued by the Agency pursuant to regulations
adopted by the Board for mine-related water pollution and
permits issued pursuant to the Federal Surface Mining

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Control and Reclamation Act of 1977 (P.L. 95-87) or the
rules and regulations thereunder or any law or rule or
regulation adopted by the State of Illinois pursuant
thereto, and the owner or operator of the facility agrees
to accept the waste; and either
(i) such waste is stored or disposed of in
accordance with requirements applicable to refuse
disposal under regulations adopted by the Board for
mine-related water pollution and pursuant to NPDES and
Subtitle D permits issued by the Agency under such
regulations; or
(ii) the owner or operator of the facility
demonstrates all of the following to the Agency, and
the facility is operated in accordance with the
demonstration as approved by the Agency: (1) the
disposal area will be covered in a manner that will
support continuous vegetation, (2) the facility will
be adequately protected from wind and water erosion,
(3) the pH will be maintained so as to prevent
excessive leaching of metal ions, and (4) adequate
containment or other measures will be provided to
protect surface water and groundwater from
contamination at levels prohibited by this Act, the
Illinois Groundwater Protection Act, or regulations
adopted pursuant thereto.
Notwithstanding any other provision of this Title, the

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disposal of coal combustion waste pursuant to item (2) or (3)
of this subdivision (r) shall be exempt from the other
provisions of this Title V, and notwithstanding the provisions
of Title X of this Act, the Agency is authorized to grant
experimental permits which include provision for the disposal
of wastes from the combustion of coal and other materials
pursuant to items (2) and (3) of this subdivision (r).
(s) After April 1, 1989, offer for transportation,
transport, deliver, receive or accept special waste for which a
manifest is required, unless the manifest indicates that the
fee required under Section 22.8 of this Act has been paid.
(t) Cause or allow a lateral expansion of a municipal solid
waste landfill unit on or after October 9, 1993, without a
permit modification, granted by the Agency, that authorizes the
lateral expansion.
(u) Conduct any vegetable by-product treatment, storage,
disposal or transportation operation in violation of any
regulation, standards or permit requirements adopted by the
Board under this Act. However, no permit shall be required
under this Title V for the land application of vegetable
by-products conducted pursuant to Agency permit issued under
Title III of this Act to the generator of the vegetable
by-products. In addition, vegetable by-products may be
transported in this State without a special waste hauling
permit, and without the preparation and carrying of a manifest.
(v) (Blank).

SB1607 Engrossed - 23 - LRB096 09569 JDS 19730 b
(w) Conduct any generation, transportation, or recycling
of construction or demolition debris, clean or general, or
painted construction or demolition debris or general fill
uncontaminated soil or restricted fill soil that is generated
during construction, remodeling, repair, and demolition of
utilities, structures, and roads that is not commingled with
any waste, without the maintenance of documentation
identifying the hauler, generator, place of origin of the
debris or soil, the weight or volume of the debris or soil, and
the location, owner, and operator of the facility where the
debris or soil was transferred, disposed, recycled, or treated.
This documentation must be maintained by the generator,
transporter, or recycler for 3 years. This subsection (w) shall
not apply to (1) a permitted pollution control facility that
transfers or accepts construction or demolition debris, clean
or general, or painted construction or demolition debris or
general fill soil or restricted fill uncontaminated soil for
final disposal, recycling, or treatment, (2) a public utility
(as that term is defined in the Public Utilities Act) or a
municipal utility, (3) the Illinois Department of
Transportation, or (4) a municipality or a county highway
department, with the exception of any municipality or county
highway department located within a county having a population
of over 3,000,000 inhabitants or located in a county that is
contiguous to a county having a population of over 3,000,000
inhabitants, or (5) the Illinois State Toll Highway Authority;

SB1607 Engrossed - 24 - LRB096 09569 JDS 19730 b
but it shall apply to an entity that contracts with a public
utility, a municipal utility, the Illinois Department of
Transportation, the Illinois State Toll Highway Authority or a
municipality or a county highway department. The terms
"generation" and "recycling" as used in this subsection do not
apply to clean construction or demolition debris when (i) used
as fill material below grade outside of a setback zone if
covered by sufficient general fill uncontaminated soil to
support vegetation within 30 days of the completion of filling
or if covered by a road or structure, (ii) solely broken
concrete without protruding metal bars is used for erosion
control, or (iii) milled asphalt or crushed concrete is used as
aggregate in construction of the shoulder of a roadway. The
terms "generation" and "recycling", as used in this subsection,
do not apply to general fill uncontaminated soil that is not
commingled with any waste when (i) used as fill material below
grade or contoured to grade, or (ii) used at the site of
generation.
(Source: P.A. 93-179, eff. 7-11-03; 94-94, eff. 7-1-05.)
(415 ILCS 5/22.51)
Sec. 22.51. Clean Construction or Demolition Debris Fill
Operations.
(a) No person shall conduct any CCDD clean construction or
demolition debris fill operation in violation of this Act or
any regulations or standards adopted by the Board.

SB1607 Engrossed - 25 - LRB096 09569 JDS 19730 b
(b)(1)(A) Beginning July 19, 2005 30 days after the
effective date of this amendatory Act of the 94th General
Assembly but prior to July 1, 2008, no person shall use CCDD
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 CCDD 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
CCDD 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 CCDD 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 CCDD clean construction or
demolition debris as fill material in a current or former

SB1607 Engrossed - 26 - LRB096 09569 JDS 19730 b
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
CCDD 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 CCDD
clean construction or demolition debris as fill material in a

SB1607 Engrossed - 27 - LRB096 09569 JDS 19730 b
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.
No person shall use restricted fill soil or painted
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 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 rules or standards adopted by the Board
under this Act.
(A) Owners and operators of clean construction or
demolition debris fill operations with a permit issued prior to
the effective date of this amendatory Act of the 96th General
Assembly must, in accordance with a schedule prescribed by the
Agency, submit an application for a permit modification to make
the permit consistent with the requirements of this Section.
The Agency shall notify owners and operators in writing of the

SB1607 Engrossed - 28 - LRB096 09569 JDS 19730 b
due date for the 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 April 1, 2010, shall submit
their application for permit modification by July 1, 2010.
Owners and operators seeking a modification that includes the
use of restricted fill soil or painted construction or
demolition debris as fill material may submit their application
for modification prior to the dates set forth in this paragraph
or the schedule prescribed by the Agency. Until a permit
modification is issued, persons required to submit an
application for a permit modification must operate their clean
construction or demolition debris fill operation in accordance
with the requirements of their permit as modified by the
requirements of this Act and Board rules adopted hereunder;
provided that until a permit modification is issued no person
shall use restricted fill soil or painted construction or
demolition debris as fill material without interim
authorization under subdivision (b)(3)(B) of this Section.
(B) Prior to January 1, 2011, owners and operators of clean
construction or demolition debris fill operations that are
required under subdivision (b)(3)(A) of this Section to submit
an application for a permit modification may use restricted
fill soil or painted construction or demolition debris as fill
material at the clean construction or demolition debris fill
operation if they obtain interim authorization under this

SB1607 Engrossed - 29 - LRB096 09569 JDS 19730 b
subdivision (b)(3)(B). Within 30 days after receipt of a
complete application for interim authorization that includes
the following information, the Agency shall approve interim
authorization: (i) the owner and the operator of the clean
construction or demolition debris fill operation, (ii) the name
of the clean construction or demolition debris fill operation
and its location, (iii) a copy of the recorded land use
restriction required under subdivision (d)(1) of this Section
and proof of its recording, and (iv) the signatures of the
owner and the operator or their duly authorized agents. The
application for interim authorization must be submitted on a
form and in a format prescribed by the Agency. Persons using
restricted fill soil or painted construction or demolition
debris as fill material under an interim authorization must
comply with the requirements of subdivisions (d)(1) through
(d)(5) of this Section. The interim authorization shall expire
60 days after the date the Agency approves the application for
interim authorization unless, within those 60 days, the owner
or operator submits an application for a permit modification
that includes the use of restricted fill soil or painted
construction or demolition debris as fill material. If the
application for permit modification is submitted within those
60 days, the interim authorization shall expire on the date the
Agency issues its final decision on the application for a
permit modification or, if the Agency's decision is appealed,
the date of final disposition of the appeal.

SB1607 Engrossed - 30 - LRB096 09569 JDS 19730 b
(C) Beginning January 1, 2011, no person required under
subdivision (b)(3)(A) of this Section to submit an application
for a permit modification shall operate a clean construction or
demolition debris fill operation without a permit modification
granted by the Agency that is consistent with the requirements
of this Section.
(4) This subsection (b) does not apply to:
(A) the use of CCDD, restricted fill soil, or painted
construction or demolition debris 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 CCDD 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 CCDD, restricted fill soil, or
painted construction or demolition debris 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

SB1607 Engrossed - 31 - LRB096 09569 JDS 19730 b
propose to the Board, and no later than September 1, 2006,
the Board shall adopt, regulations for the use of CCDD
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 CCDD 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 CCDD 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

SB1607 Engrossed - 32 - LRB096 09569 JDS 19730 b
soil;
(ii) The approximate weight or volume of the
debris or soil; and
(iii) The date the debris or soil was received.
(d) To the extent allowed by federal law, the Agency shall,
in a permit or a permit modification granted under this
Section, and in accordance with Sections 39 and 40 of this Act,
authorize the use of restricted fill soil and painted
construction or demolition debris as fill material at a clean
construction or demolition debris fill operation if the
requirements of this subsection (d) are met. To the extent
allowed by federal law, restricted fill soil and painted
construction or demolition debris used as fill material in
accordance with the permit and this Section are not waste.
(1) Before restricted fill soil is used as fill
material at the clean construction or demolition debris
fill operation: (i) a land use restriction that restricts
property use to industrial or commercial uses must be
recorded in the chain of title for the property on which
the clean construction or demolition debris fill operation
is located and (ii) proof of the recording must be
submitted to the Agency. Upon closure of the clean
construction or demolition debris fill operation, the land
use restriction may be removed if the site is entered into
the Agency's Site Remediation Program and, pursuant to
procedures adopted by the Board, the site is demonstrated

SB1607 Engrossed - 33 - LRB096 09569 JDS 19730 b
to meet the Tier 1 residential remediation objectives
adopted by the Board pursuant to Title XVII of this Act.
(2) The owner or operator of the clean construction or
demolition debris fill operation must develop and
implement a closure and post-closure care plan that
includes, but is not limited to, the following:
(i) covering all restricted fill soil and painted
construction or demolition debris with a minimum of 10
feet of general fill soil, or an engineered barrier
approved by the Agency in a permit granted under this
Section, within 180 days after completion of filling or
as approved by the Agency;
(ii) for all buildings at the site on or after
completion of filling, the installation and
maintenance of building control technologies as
approved by the Agency in accordance with Title XVII of
this Act and rules adopted thereunder to prevent indoor
inhalation exposures.
(3) Painted construction or demolition debris shall
not be used as fill material unless chemical analysis
demonstrates that the paint does not exceed the Class I
Soil Component of the Groundwater Ingestion Exposure Route
Values listed in Table A of 35 Ill. Adm. Code 742, Appendix
B, as amended. Chemical analysis is not required for
pavement markings that conform to Illinois Department of
Transportation specifications.

SB1607 Engrossed - 34 - LRB096 09569 JDS 19730 b
(4) The owner or operator of the CCDD fill operation
must develop and implement a Receipt Control and Screening
Plan that includes, but is not limited to, the following:
(A) Documentation from the owner or operator
of the site where the restricted fill soil, general
fill soil, painted construction or demolition
debris, or clean construction or demolition debris
was removed that contains the following
information for each load received: (i) location
of the removal site, (ii) the owner of the removal
site, (iii) the site operator or general
contractor responsible for removal, and (iv) the
hauler of the load.
(B) For all soil, 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 or (ii)
a certification from a Licensed Professional
Engineer that the soil is restricted fill soil or
general fill soil. Certifications required under
subdivision (d)(4)(B) of this Section must be on
forms and in a format prescribed by the Agency.
(C) Chemical analysis of paint on painted
construction or demolition debris to confirm that
the paint does not exceed the Class I Soil
Component of the Groundwater Ingestion Exposure

SB1607 Engrossed - 35 - LRB096 09569 JDS 19730 b
Route Values listed in Table A of 35 Ill. Adm. Code
742, Appendix B, as amended. Chemical analysis is
not required for pavement markings that conform to
Illinois Department of Transportation
specifications.
(D) A visual inspection to confirm that only
restricted fill soil, painted construction or
demolition debris, clean construction or
demolition debris, or general fill soil is being
accepted for use as fill.
(E) Screening of the soil with a photo
ionization detector or a flame ionization
detector, in accordance with procedures approved
by the Agency in the CCDD fill operation permit, to
confirm that the soil is consistent with the
definitions of restricted fill soil or general
fill soil and any chemical analysis used to
determine that the soil is restricted fill soil or
general fill soil.
(F) Confirmation that the soil was not removed
from a site as a 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 a part of a
Closure or Corrective Action under the Resource

SB1607 Engrossed - 36 - LRB096 09569 JDS 19730 b
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, to, or from the real property.
(G) Documentation of all activities conducted
under the Receipt Control and Screening Plan.
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. Documentation must be
submitted on forms and in a format prescribed by
the Agency.
(5) The owner or operator of the CCDD fill operation
must develop and implement a Testing and Sampling Plan
which ensures that soil used as fill does not exceed the
Class I Soil Component of the Groundwater Ingestion
Exposure Route Values listed in Table A of 35 Ill. Adm.

SB1607 Engrossed - 37 - LRB096 09569 JDS 19730 b
Code 742, Appendix B, as amended. The Testing and Sampling
Plan must include, but is not limited to, the following:
(A) For every 500 cubic yards of soil used as
fill, a minimum of one representative soil sample
must be screened with an X-ray Fluorescence
Spectroscopy instrument in accordance with
procedures approved by the Agency in the CCDD fill
operation permit. Soil samples must be screened
after the soil is placed as fill at the site. If a
screening sample indicates that soil may exceed
the Class I Soil Component of the Groundwater
Ingestion Exposure Route Values listed in Table A
of 35 Ill. Adm. Code 742, Appendix B, as amended,
then additional representative soil samples must
be collected and analyzed by a laboratory for all
of the chemicals listed in Table A of 35 Ill. Adm.
Code 742, Appendix B, as amended, to determine
whether the soil exceeds the Class I Soil Component
of the Groundwater Ingestion Exposure Route Values
listed in Table A of 35 Ill. Adm. Code 742,
Appendix B, as amended. All soil that exceeds the
Class I Soil Component of the Groundwater
Ingestion Exposure Route Values listed in Table A
of 35 Ill. Adm. Code 742, Appendix B, as amended,
must be removed and disposed of at a landfill.
(B) In addition to the screening and sampling

SB1607 Engrossed - 38 - LRB096 09569 JDS 19730 b
required under subdivision (d)(5)(A) of this
Section, for every 2,500 cubic yards of soil used
as fill a minimum of one representative soil sample
must be collected and analyzed by a laboratory for
all of the chemicals listed in Table A of 35 Ill.
Adm. Code 742, Appendix B, as amended, to determine
whether the soil exceeds the Class I Soil Component
of the Groundwater Ingestion Exposure Route Values
listed in Table A of 35 Ill. Adm. Code 742,
Appendix B, as amended. The samples may be combined
into composite samples as approved by the Agency in
the CCDD fill operation permit. Copies of the
laboratory analytical results must be submitted to
the Agency at least quarterly. The results must be
submitted in a form and manner prescribed by the
Agency. All soil that exceeds the Class I Soil
Component of the Groundwater Ingestion Exposure
Route Values listed in Table A of 35 Ill. Adm. Code
742, Appendix B, as amended, must be removed and
disposed at a landfill.
(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 a clean construction or
demolition debris fill operation:
(1) The term "operator" means a person responsible for

SB1607 Engrossed - 39 - LRB096 09569 JDS 19730 b
the operation and maintenance of a CCDD clean construction
or demolition debris fill operation.
(2) The term "owner" means a person who has any direct
or indirect interest in a CCDD clean construction or
demolition debris fill operation or in land on which a
person operates and maintains a CCDD 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 CCDD 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 "other excavation" does not include holes,
trenches, or similar earth removal created as part of
normal construction, removal, or maintenance of a
structure, utility, or transportation infrastructure.
(f) Owners and operators of CCDD fill operations that are
not permitted under subsection (d) of this Section to use
restricted fill soil or painted construction or demolition
debris as fill material must do all of the following:
(1) Develop and implement a Receipt Control and
Screening Plan that includes, but is not limited to, the
following:

SB1607 Engrossed - 40 - LRB096 09569 JDS 19730 b
(A) Documentation from the owner or operator of the
site where the general fill soil or clean construction
or demolition debris was removed that contains the
following information for each load received: (i)
location of the removal site; (ii) the owner of the
removal site; (iii) the site operator or general
contractor responsible for removal; and (iv) the
hauler of the load.
(B) For all soil, 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
general fill soil, or (ii) a certification from a
Licensed Professional Engineer that the soil is
general fill soil. Certifications required under
subdivision (f)(1)(B) of this Section must be on forms
and in a format prescribed by the Agency.
(C) A visual inspection to confirm that only clean
construction or demolition debris or general fill soil
is being accepted for use as fill.
(D) Screening of the soil with a photo ionization
detector or a flame ionization detector, in accordance
with procedures approved by the Agency in the CCDD fill
operation permit, to confirm that the soil is
consistent with the definition of general fill soil and
any chemical analysis used to determine that the soil

SB1607 Engrossed - 41 - LRB096 09569 JDS 19730 b
is general fill soil.
(E) Confirmation that the soil was not removed from
a site as a 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 a 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, to, or from the real
property.
(F) Documentation of all activities conducted
under the Receipt Control and Screening Plan.
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. Documentation must be

SB1607 Engrossed - 42 - LRB096 09569 JDS 19730 b
submitted on forms and in a format prescribed by the
Agency.
(2) Develop and implement a Testing and Sampling Plan
which ensures that soil used as fill does not exceed the
most stringent Tier 1 exposure route values adopted by the
Board under Title XVII of this Act. The most stringent Tier
1 exposure route values adopted by the Board under Title
XVII of this Act shall be determined in the manner set
forth in the definition of general fill soil under Section
3.508 of this Act. The Testing and Sampling Plan must
include, but is not limited to, all of the following:
(A) For every 2,500 cubic yards of soil used as
fill, a minimum of one representative soil sample must
be collected and analyzed by a laboratory for all of
the chemicals listed in Table A of 35 Ill. Adm. Code
742, Appendix B, as amended, to determine whether the
soil exceeds the most stringent Tier 1 exposure route
values adopted by the Board under Title XVII of this
Act. The samples may be combined into composite samples
as approved by the Agency in the CCDD fill operation
permit. Copies of the laboratory analytical results
must be submitted to the Agency in a form and manner to
be determined by the Agency at least quarterly. The
results must be submitted in a form and manner
prescribed by the Agency.
(B) All soil that exceeds the most stringent Tier 1

SB1607 Engrossed - 43 - LRB096 09569 JDS 19730 b
exposure route values adopted by the Board under Title
XVII of this Act must be removed and disposed at a
landfill.
(3) A closure and post-closure care plan that includes,
but is not limited to, covering, within 90 days after
completion of the filling or as approved by the Agency, all
clean construction or demolition debris with a minimum of 3
feet of general fill soil, a road, pavement, or structure.
(g) Owners and operators of clean construction or
demolition debris fill operations must maintain all
documentation required under this Section until at least 3
years after the date of receipt of the restricted fill soil,
painted construction or demolition debris, clean construction
or demolition debris, or general fill 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 for inspection and copying during
normal business hours.
Chemical analysis conducted under this Section must be
conducted in accordance with the requirements of 35 Ill. Adm.
Code 742 and "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods", USEPA Publication No. SW-846, as
amended.
(h) Except at CCDD fill operations permitted under

SB1607 Engrossed - 44 - LRB096 09569 JDS 19730 b
subsection (d) of this Section to use restricted fill soil as
fill material, no person shall use soil other than general fill
soil as fill material at a CCDD fill operation. At CCDD fill
operations permitted under subsection (d) of this Section to
use restricted fill soil as fill material, no person shall use
soil other than restricted fill soil or general fill soil as
fill material.
(h-5) Except at CCDD fill operations permitted under
subsection (d) of this Section to use painted construction or
demolition debris as fill material, no person shall use
construction or demolition debris other than clean
construction or demolition debris as fill material at a CCDD
fill operation. At CCDD fill operations permitted under
subsection (d) of this Section to use painted construction or
demolition debris as fill material, no person shall use
construction or demolition debris other than painted
construction or demolition debris or clean construction or
demolition debris as fill material.
(i) No person shall use, or cause or allow the use of, any
site on which a land use restriction has been recorded under
subdivision (d)(1) of this Section in a manner that is
inconsistent with the land use restriction unless the land use
restriction has been removed in accordance with subdivision
(d)(1) of this Section.
(j) After completion of filling at a CCDD fill operation
where restricted fill soil has been used as fill material, no

SB1607 Engrossed - 45 - LRB096 09569 JDS 19730 b
person shall occupy, or cause or allow the occupancy, of any
building at the site unless the building control technologies
required under subdivision (d)(2) of this Section have been
installed and are maintained. No person shall perform any
activity that disturbs the building controls technologies
unless the site is entered into the Agency's Site Remediation
Program and the activity is approved by the Agency as
consistent with Title XVII of this Act and rules adopted
thereunder.
(l) No person other than the State of Illinois, its
agencies and institutions, or a unit of local government shall
use restricted fill soil or painted construction or demolition
debris as fill material in a current or former quarry, mine, or
other excavation unless that person has posted with the Agency
a performance bond or other security for the purpose of
insuring (i) closure of the site in accordance with this
Section and its regulations and (ii) completion of corrective
action remedies required under this Act and its regulations.
The amount of the performance bond or other security shall be
directly related to the design and volume of the site. The cost
estimate for the performance bond or other security shall be
calculated using a period of time not to exceed 30 years beyond
closure and may be a shorter period as may be approved or
required by the Agency. Cost estimates shall be in current
dollars. Any moneys forfeited to the State from any performance
bond or other security required under this subsection shall be

SB1607 Engrossed - 46 - LRB096 09569 JDS 19730 b
placed in the Landfill Closure and Post-Closure Fund and shall,
upon approval by the Governor and the Director, be used by and
under the direction of the Agency for the purposes for which
such performance bond or other security was issued.
The Agency is authorized to enter into such contracts and
agreements as it may deem necessary to carry out the purposes
of this Section. Neither the State, nor the Director, nor any
State employee is liable for any damages or injuries arising
out of or resulting from any action taken under this Section.
Nothing in this Section shall bar a cause of action by the
State for any other penalty or relief provided by this Act or
any other law.
The Agency has the authority to approve or disapprove any
performance bond or other security posted under this subsection
(l). Any person whose performance bond or other security is
disapproved by the Agency may contest the disapproval as a
permit denial appeal under Section 40 of this Act.
(m) The Agency may establish the procedures it deems
necessary to implement and execute its responsibilities under
this Section.
(Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06.)
(415 ILCS 5/22.51a new)
Sec. 22.51a. Soil Fill Operations. This Section applies to
persons using soil as fill material at a soil fill operation.
(a) For purposes of this Section:

SB1607 Engrossed - 47 - LRB096 09569 JDS 19730 b
(1) The term "soil fill operation" means a current or
former quarry, mine, or other excavation, other than a
clean construction or demolition debris fill operation as
defined in subdivision (e)(3) of Section 22.51 of this Act,
where soil is used as fill material.
(2) The term "other excavation" does not include holes,
trenches, or similar earth removal created as part of
normal construction, removal, or maintenance of a
structure, utility, or transportation infrastructure.
(b) No person shall:
(1) Use soil as fill material at a soil fill operation
unless the requirements of this Section are met.
(2) Use soil other than general fill soil as fill
material at a soil fill operation.
(3) Use construction or demolition debris, including,
but not limited to, painted construction or demolition
debris and clean construction or demolition debris, as fill
material at a soil fill operation.
(c) On and after January 1, 2010, no person shall use soil
as fill material at a soil fill operation unless the owner or
operator of the soil fill operation has notified the Agency of
the soil fill operation. The notice must be submitted on forms
and in a format prescribed by the Agency.
(d) Owners and operators of soil fill operations must do
all of the following:
(1) Develop and implement a Receipt Control and

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Screening Plan that includes, but is not limited to, the
following:
(A) For all soil, 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 or (ii) a
certification from a Licensed Professional Engineer
that the soil is general fill soil. Certifications
required under this subdivision (d)(1)(A) of this
Section must be on forms and in format prescribed by
the Agency.
(B) A visual inspection to confirm that only
general fill soil is being accepted for use as fill.
(C) Screening of the soil with a photo ionization
detector or a flame ionization detector to confirm that
the soil is consistent with the definition of general
fill soil and any chemical analysis used to determine
that the soil is general fill soil.
(D) Confirmation that the soil was not removed from
a site as a part of the 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 a part of a Closure or
Corrective Action under the Resource Conservation and
Recovery Act, as amended; or under an Agency

SB1607 Engrossed - 49 - LRB096 09569 JDS 19730 b
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, to, or from the real
property.
(E) Documentation of all activities conducted
under the Receipt Control and Screening Plan.
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. Documentation must be
submitted on forms and in a format prescribed by the
Agency.
(2) Develop and implement a Testing and Sampling Plan
which ensures that soil used as fill does not exceed the
most stringent Tier 1 exposure route values adopted by the
Board under Title XVII of this Act. The most stringent Tier
1 exposure route values adopted by the Board under Title
XVII of this Act shall be determined in the manner set
forth in the definition of general fill soil under Section

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3.508 of this Act. The Testing and Sampling Plan must
include, but is not limited to, the following:
(A) For every 5,000 cubic yards of soil used as
fill, a minimum of one representative soil sample must
be collected and analyzed by a laboratory for all of
the chemicals listed in Table A of 35 Ill. Adm. Code
742, Appendix B, as amended, to determine whether the
soil exceeds the most stringent Tier 1 exposure route
values adopted by the Board under Title XVII of this
Act. The samples may be combined into composite samples
as approved by the Agency. Copies of the laboratory
analytical results must be submitted to the Agency at
least quarterly. The results must be submitted in a
form and manner prescribed by the Agency.
(B) All soil that exceeds the most stringent Tier 1
exposure route values adopted by the Board under Title
XVII of this Act must be removed and disposed of at a
landfill.
(e) Owners and operators of soil fill operations must
maintain all documentation required under this Section until at
least 3 years after the date of receipt of the 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 for inspection and copying during

SB1607 Engrossed - 51 - LRB096 09569 JDS 19730 b
normal business hours.
Chemical analysis conducted under 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.
(415 ILCS 5/22.54 new)
Sec. 22.54. Intergovernmental agreements. Notwithstanding
any other provisions of this Act, to the extent allowed by
federal law, the Agency may, through intergovernmental
agreements, authorize reuse of soil and clean construction or
demolition debris by State agencies, or by counties with a
population of 3,000,000 or more, or by units of local
government located in a county with a population of 3,000,000
or more, as long as the reuse is protective of human health and
the environment.
To the extent allowed by federal law, no permit is required
for the reuse of soil or clean construction or demolition
debris under agreements entered into under this Section. To the
extent allowed by federal law, soil and clean construction or
demolition debris reused under agreements entered into under
this Section are not waste. Intergovernmental Agreements are
not required for the purpose of reuse of general fill soil or
for the purpose of reuse of soil or clean construction or
demolition debris on the site from which it was removed.

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(415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)
Sec. 31.1. Administrative citation.
(a) The prohibitions specified in subsections (o) and (p)
of Section 21 and in Sections 22.51 and 22.51a of this Act
shall be enforceable either by administrative citation under
this Section or as otherwise provided by this Act.
(b) Whenever Agency personnel or personnel of a unit of
local government to which the Agency has delegated its
functions pursuant to subsection (r) of Section 4 of this Act,
on the basis of direct observation, determine that any person
has violated any provision of subsection (o) or (p) of Section
21 or any provision of Section 22.51 or 22.51a of this Act, the
Agency or such unit of local government may issue and serve an
administrative citation upon such person within not more than
60 days after the date of the observed violation. Each such
citation issued shall be served upon the person named therein
or such person's authorized agent for service of process, and
shall include the following information:
(1) a statement specifying the provisions of
subsection (o) or (p) of Section 21 or the provisions of
Section 22.51 or 22.51a of which the person was observed to
be in violation;
(2) a copy of the inspection report in which the Agency
or local government recorded the violation, which report
shall include the date and time of inspection, and weather

SB1607 Engrossed - 53 - LRB096 09569 JDS 19730 b
conditions prevailing during the inspection;
(3) the penalty imposed by subdivision (b)(4), or
(b)(4-5), or (b)(6) of Section 42 for such violation;
(4) instructions for contesting the administrative
citation findings pursuant to this Section, including
notification that the person has 35 days within which to
file a petition for review before the Board to contest the
administrative citation; and
(5) an affidavit by the personnel observing the
violation, attesting to their material actions and
observations.
(c) The Agency or unit of local government shall file a
copy of each administrative citation served under subsection
(b) of this Section with the Board no later than 10 days after
the date of service.
(d) (1) If the person named in the administrative citation
fails to petition the Board for review within 35 days from the
date of service, the Board shall adopt a final order, which
shall include the administrative citation and findings of
violation as alleged in the citation, and shall impose the
penalty specified in subdivision (b)(4), or (b)(4-5), or (b)(6)
of Section 42.
(2) If a petition for review is filed before the Board to
contest an administrative citation issued under subsection (b)
of this Section, the Agency or unit of local government shall
appear as a complainant at a hearing before the Board to be

SB1607 Engrossed - 54 - LRB096 09569 JDS 19730 b
conducted pursuant to Section 32 of this Act at a time not less
than 21 days after notice of such hearing has been sent by the
Board to the Agency or unit of local government and the person
named in the citation. In such hearings, the burden of proof
shall be on the Agency or unit of local government. If, based
on the record, the Board finds that the alleged violation
occurred, it shall adopt a final order which shall include the
administrative citation and findings of violation as alleged in
the citation, and shall impose the penalty specified in
subdivision (b)(4), or (b)(4-5), or (b)(6) of Section 42.
However, if the Board finds that the person appealing the
citation has shown that the violation resulted from
uncontrollable circumstances, the Board shall adopt a final
order which makes no finding of violation and which imposes no
penalty.
(e) Sections 10-25 through 10-60 of the Illinois
Administrative Procedure Act shall not apply to any
administrative citation issued under subsection (b) of this
Section.
(f) The other provisions of this Section shall not apply to
a sanitary landfill operated by a unit of local government
solely for the purpose of disposing of water and sewage
treatment plant sludges, including necessary stabilizing
materials.
(g) All final orders issued and entered by the Board
pursuant to this Section shall be enforceable by injunction,

SB1607 Engrossed - 55 - LRB096 09569 JDS 19730 b
mandamus or other appropriate remedy, in accordance with
Section 42 of this Act.
(Source: P.A. 92-16, eff. 6-28-01.)
(415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
Sec. 42. Civil penalties.
(a) Except as provided in this Section, any person that
violates any provision of this Act or any regulation adopted by
the Board, or any permit or term or condition thereof, or that
violates any order of the Board pursuant to this Act, shall be
liable for a civil penalty of not to exceed $50,000 for the
violation and an additional civil penalty of not to exceed
$10,000 for each day during which the violation continues; such
penalties may, upon order of the Board or a court of competent
jurisdiction, be made payable to the Environmental Protection
Trust Fund, to be used in accordance with the provisions of the
Environmental Protection Trust Fund Act.
(b) Notwithstanding the provisions of subsection (a) of
this Section:
(1) Any person that violates Section 12(f) of this Act
or any NPDES permit or term or condition thereof, or any
filing requirement, regulation or order relating to the
NPDES permit program, shall be liable to a civil penalty of
not to exceed $10,000 per day of violation.
(2) Any person that violates Section 12(g) of this Act
or any UIC permit or term or condition thereof, or any

SB1607 Engrossed - 56 - LRB096 09569 JDS 19730 b
filing requirement, regulation or order relating to the
State UIC program for all wells, except Class II wells as
defined by the Board under this Act, shall be liable to a
civil penalty not to exceed $2,500 per day of violation;
provided, however, that any person who commits such
violations relating to the State UIC program for Class II
wells, as defined by the Board under this Act, shall be
liable to a civil penalty of not to exceed $10,000 for the
violation and an additional civil penalty of not to exceed
$1,000 for each day during which the violation continues.
(3) Any person that violates Sections 21(f), 21(g),
21(h) or 21(i) of this Act, or any RCRA permit or term or
condition thereof, or any filing requirement, regulation
or order relating to the State RCRA program, shall be
liable to a civil penalty of not to exceed $25,000 per day
of violation.
(4) In an administrative citation action under Section
31.1 of this Act, any person found to have violated any
provision of subsection (o) of Section 21 of this Act shall
pay a civil penalty of $500 for each violation of each such
provision, plus any hearing costs incurred by the Board and
the Agency. Such penalties shall be made payable to the
Environmental Protection Trust Fund, to be used in
accordance with the provisions of the Environmental
Protection Trust Fund Act; except that if a unit of local
government issued the administrative citation, 50% of the

SB1607 Engrossed - 57 - LRB096 09569 JDS 19730 b
civil penalty shall be payable to the unit of local
government.
(4-5) In an administrative citation action under
Section 31.1 of this Act, any person found to have violated
any provision of subsection (p) of Section 21 of this Act
shall pay a civil penalty of $1,500 for each violation of
each such provision, plus any hearing costs incurred by the
Board and the Agency, except that the civil penalty amount
shall be $3,000 for each violation of any provision of
subsection (p) of Section 21 that is the person's second or
subsequent adjudication violation of that provision. The
penalties shall be deposited into the Environmental
Protection Trust Fund, to be used in accordance with the
provisions of the Environmental Protection Trust Fund Act;
except that if a unit of local government issued the
administrative citation, 50% of the civil penalty shall be
payable to the unit of local government.
(5) Any person who violates subsection 6 of Section
39.5 of this Act or any CAAPP permit, or term or condition
thereof, or any fee or filing requirement, or any duty to
allow or carry out inspection, entry or monitoring
activities, or any regulation or order relating to the
CAAPP shall be liable for a civil penalty not to exceed
$10,000 per day of violation.
(6) In an administrative citation action under Section
31.1 of this Act, any person without a permit issued under

SB1607 Engrossed - 58 - LRB096 09569 JDS 19730 b
Section 22.51 of this Act that is found to have violated
any provision of Section 22.51 of this Act shall pay a
civil penalty of $1,500 for each violation of each
provision, plus any hearing costs incurred by the Board and
the Agency, except that the civil penalty amount shall be
$3,000 for each violation of any provision of Section 22.51
that is the person's second or subsequent adjudicated
violation of that provision. Any person with a permit
issued under Section 22.51 of this Act that is found to
have violated any provision of Section 22.51 or the permit,
or any person that is found to have violated Section 22.51a
of this Act, shall pay a civil penalty of $1,000 for each
violation of each provision, plus any hearing costs
incurred by the Board and the Agency, except that the civil
penalty amount shall be $2,000 for each violation of any
provision of Section 22.51, the permit, or Section 22.51a,
that is the person's second or subsequent adjudicated
violation of that provision. The penalties shall be
deposited into the Environmental Protection Trust Fund, to
be used in accordance with the provisions of the
Environmental Protection Trust Fund Act; except that if a
delegated unit of local government issued the
administrative citation, 50% of the civil penalty shall be
payable to the unit of local government.
(b.5) In lieu of the penalties set forth in subsections (a)
and (b) of this Section, any person who fails to file, in a

SB1607 Engrossed - 59 - LRB096 09569 JDS 19730 b
timely manner, toxic chemical release forms with the Agency
pursuant to Section 25b-2 of this Act shall be liable for a
civil penalty of $100 per day for each day the forms are late,
not to exceed a maximum total penalty of $6,000. This daily
penalty shall begin accruing on the thirty-first day after the
date that the person receives the warning notice issued by the
Agency pursuant to Section 25b-6 of this Act; and the penalty
shall be paid to the Agency. The daily accrual of penalties
shall cease as of January 1 of the following year. All
penalties collected by the Agency pursuant to this subsection
shall be deposited into the Environmental Protection Permit and
Inspection Fund.
(c) Any person that violates this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order and causes the death
of fish or aquatic life shall, in addition to the other
penalties provided by this Act, be liable to pay to the State
an additional sum for the reasonable value of the fish or
aquatic life destroyed. Any money so recovered shall be placed
in the Wildlife and Fish Fund in the State Treasury.
(d) The penalties provided for in this Section may be
recovered in a civil action.
(e) The State's Attorney of the county in which the
violation occurred, or the Attorney General, may, at the
request of the Agency or on his own motion, institute a civil
action for an injunction, prohibitory or mandatory, to restrain

SB1607 Engrossed - 60 - LRB096 09569 JDS 19730 b
violations of this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any
Board order, or to require such other actions as may be
necessary to address violations of this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order.
(f) The State's Attorney of the county in which the
violation occurred, or the Attorney General, shall bring such
actions in the name of the people of the State of Illinois.
Without limiting any other authority which may exist for the
awarding of attorney's fees and costs, the Board or a court of
competent jurisdiction may award costs and reasonable
attorney's fees, including the reasonable costs of expert
witnesses and consultants, to the State's Attorney or the
Attorney General in a case where he has prevailed against a
person who has committed a wilful, knowing or repeated
violation of this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any
Board order.
Any funds collected under this subsection (f) in which the
Attorney General has prevailed shall be deposited in the
Hazardous Waste Fund created in Section 22.2 of this Act. Any
funds collected under this subsection (f) in which a State's
Attorney has prevailed shall be retained by the county in which
he serves.
(g) All final orders imposing civil penalties pursuant to

SB1607 Engrossed - 61 - LRB096 09569 JDS 19730 b
this Section shall prescribe the time for payment of such
penalties. If any such penalty is not paid within the time
prescribed, interest on such penalty at the rate set forth in
subsection (a) of Section 1003 of the Illinois Income Tax Act,
shall be paid for the period from the date payment is due until
the date payment is received. However, if the time for payment
is stayed during the pendency of an appeal, interest shall not
accrue during such stay.
(h) In determining the appropriate civil penalty to be
imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
(b)(5) of this Section, the Board is authorized to consider any
matters of record in mitigation or aggravation of penalty,
including but not limited to the following factors:
(1) the duration and gravity of the violation;
(2) the presence or absence of due diligence on the
part of the respondent in attempting to comply with
requirements of this Act and regulations thereunder or to
secure relief therefrom as provided by this Act;
(3) any economic benefits accrued by the respondent
because of delay in compliance with requirements, in which
case the economic benefits shall be determined by the
lowest cost alternative for achieving compliance;
(4) the amount of monetary penalty which will serve to
deter further violations by the respondent and to otherwise
aid in enhancing voluntary compliance with this Act by the
respondent and other persons similarly subject to the Act;

SB1607 Engrossed - 62 - LRB096 09569 JDS 19730 b
(5) the number, proximity in time, and gravity of
previously adjudicated violations of this Act by the
respondent;
(6) whether the respondent voluntarily self-disclosed,
in accordance with subsection (i) of this Section, the
non-compliance to the Agency; and
(7) whether the respondent has agreed to undertake a
"supplemental environmental project," which means an
environmentally beneficial project that a respondent
agrees to undertake in settlement of an enforcement action
brought under this Act, but which the respondent is not
otherwise legally required to perform.
In determining the appropriate civil penalty to be imposed
under subsection (a) or paragraph (1), (2), (3), or (5) of
subsection (b) of this Section, the Board shall ensure, in all
cases, that the penalty is at least as great as the economic
benefits, if any, accrued by the respondent as a result of the
violation, unless the Board finds that imposition of such
penalty would result in an arbitrary or unreasonable financial
hardship. However, such civil penalty may be off-set in whole
or in part pursuant to a supplemental environmental project
agreed to by the complainant and the respondent.
(i) A person who voluntarily self-discloses non-compliance
to the Agency, of which the Agency had been unaware, is
entitled to a 100% reduction in the portion of the penalty that
is not based on the economic benefit of non-compliance if the

SB1607 Engrossed - 63 - LRB096 09569 JDS 19730 b
person can establish the following:
(1) that the non-compliance was discovered through an
environmental audit or a compliance management system
documented by the regulated entity as reflecting the
regulated entity's due diligence in preventing, detecting,
and correcting violations;
(2) that the non-compliance was disclosed in writing
within 30 days of the date on which the person discovered
it;
(3) that the non-compliance was discovered and
disclosed prior to:
(i) the commencement of an Agency inspection,
investigation, or request for information;
(ii) notice of a citizen suit;
(iii) the filing of a complaint by a citizen, the
Illinois Attorney General, or the State's Attorney of
the county in which the violation occurred;
(iv) the reporting of the non-compliance by an
employee of the person without that person's
knowledge; or
(v) imminent discovery of the non-compliance by
the Agency;
(4) that the non-compliance is being corrected and any
environmental harm is being remediated in a timely fashion;
(5) that the person agrees to prevent a recurrence of
the non-compliance;

SB1607 Engrossed - 64 - LRB096 09569 JDS 19730 b
(6) that no related non-compliance events have
occurred in the past 3 years at the same facility or in the
past 5 years as part of a pattern at multiple facilities
owned or operated by the person;
(7) that the non-compliance did not result in serious
actual harm or present an imminent and substantial
endangerment to human health or the environment or violate
the specific terms of any judicial or administrative order
or consent agreement;
(8) that the person cooperates as reasonably requested
by the Agency after the disclosure; and
(9) that the non-compliance was identified voluntarily
and not through a monitoring, sampling, or auditing
procedure that is required by statute, rule, permit,
judicial or administrative order, or consent agreement.
If a person can establish all of the elements under this
subsection except the element set forth in paragraph (1) of
this subsection, the person is entitled to a 75% reduction in
the portion of the penalty that is not based upon the economic
benefit of non-compliance.
(j) In addition to an other remedy or penalty that may
apply, whether civil or criminal, any person who violates
Section 22.52 of this Act shall be liable for an additional
civil penalty of up to 3 times the gross amount of any
pecuniary gain resulting from the violation.
(Source: P.A. 94-272, eff. 7-19-05; 94-580, eff. 8-12-05;

SB1607 Engrossed - 65 - LRB096 09569 JDS 19730 b
95-331, eff. 8-21-07.)
Section 99. Effective date. This Act takes effect upon