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| Public Act 098-0296
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| SB1925 Enrolled | LRB098 10484 JDS 40715 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by |
changing Section 22.54 as follows:
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(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 |
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 |
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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 |
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. |
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(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 |
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 |
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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. |
(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 |
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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 |
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.
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(j) Before issuing a beneficial use determination for the |
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beneficial use of asphalt shingles, the Agency shall conduct an |
evaluation of the applicant's prior experience in asphalt |
shingle recycling operations. The Agency may deny such a |
beneficial use determination if the applicant, or any employee |
or officer of the applicant, has a history of any one or more |
of the following related to the operation of asphalt shingle |
recycling operation facilities or sites: |
(1) repeated violations of federal, State, or local |
laws, rules, regulations, standards, or ordinances; |
(2) conviction in a court of this State or another |
state of any crime that is a felony under the laws of this |
State; |
(3) conviction in a federal court of any crime that is |
a felony under federal law; |
(4) conviction in a court of this State or another |
state, or in a federal court, of forgery, official |
misconduct, bribery, perjury, or knowingly submitting |
false information under any environmental law, rule, |
regulation, or permit term or condition; or |
(5) gross carelessness or incompetence in the |
handling, storing, processing, transporting, disposing, or |
recycling of asphalt shingles. |
(Source: P.A. 96-489, eff. 8-14-09.)
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