Bill Text: IL SB1925 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Environmental Protection Act. Provides that, before approving, or approving with conditions, an application for a Beneficial Use Determination, the Agency must conduct an evaluation of the prospective owner's or operator's prior experience in waste management operations and clean construction or demolition debris fill operations. Authorizes the Agency to deny an application for a Beneficial Use Determination if the prospective owner or operator, or any employee or officer of the prospective owner or operator, has a history of gross carelessness or incompetence or has repeatedly violated federal, State, or local laws.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0296 [SB1925 Detail]

Download: Illinois-2013-SB1925-Amended.html

---

Sen. David Koehler

Filed: 3/15/2013

09800SB1925sam001 LRB098 10484 JDS 42956 a
AMENDMENT TO SENATE BILL 1925
AMENDMENT NO. ______. Amend Senate Bill 1925 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
changing Section 22.54 as follows:
(415 ILCS 5/22.54)
Sec. 22.54. Beneficial Use Determinations. The purpose of
this Section is to allow the Agency to determine that a
material otherwise required to be managed as waste may be
managed as non-waste if that material is used beneficially and
in a manner that is protective of human health and the
environment.
(a) To the extent allowed by federal law, the Agency may,
upon the request of an applicant, make a written determination
that a material is used beneficially (rather than discarded)
and, therefore, not a waste if the applicant demonstrates all

09800SB1925sam001 - 2 - LRB098 10484 JDS 42956 a
of the following:
(1) The chemical and physical properties of the
material are comparable to similar commercially available
materials.
(2) The market demand for the material is such that all
of the following requirements are met:
(A) The material will be used within a reasonable
time.
(B) The material's storage prior to use will be
minimized.
(C) The material will not be abandoned.
(3) The material is legitimately beneficially used.
For the purposes of this item (3) of subsection (a) of this
Section, a material is "legitimately beneficially used" if
the applicant demonstrates all of the following:
(A) The material is managed separately from waste,
as a valuable material, and in a manner that maintains
its beneficial usefulness, including, but not limited
to, storing in a manner that minimizes the material's
loss and maintains its beneficial usefulness.
(B) The material is used as an effective substitute
for a similar commercially available material. For the
purposes of this paragraph (B) of item (3) of
subsection (a) of this Section, a material is "used as
an effective substitute for a commercially available
material" if the applicant demonstrates one or more of

09800SB1925sam001 - 3 - LRB098 10484 JDS 42956 a
the following:
(i) The material is used as a valuable raw
material or ingredient to produce a legitimate end
product.
(ii) The material is used directly as a
legitimate end product in place of a similar
commercially available product.
(iii) The material replaces a catalyst or
carrier to produce a legitimate end product.
The applicant's demonstration under this paragraph
(B) of item (3) of subsection (a) of this Section must
include, but is not limited to, a description of the
use of the material, a description of the use of the
legitimate end product, and a demonstration that the
use of the material is comparable to the use of similar
commercially available products.
(C) The applicant demonstrates all of the
following:
(i) The material is used under paragraph (B) of
item (3) of subsection (a) of this Section within a
reasonable time.
(ii) The material's storage prior to use is
minimized.
(iii) The material is not abandoned.
(4) The management and use of the material will not
cause, threaten, or allow the release of any contaminant

09800SB1925sam001 - 4 - LRB098 10484 JDS 42956 a
into the environment, except as authorized by law.
(5) The management and use of the material otherwise
protects human health and safety and the environment.
(b) Applications for beneficial use determinations must be
submitted on forms and in a format prescribed by the Agency.
Agency approval, approval with conditions, or disapproval of an
application for a beneficial use determination must be in
writing. Approvals with conditions and disapprovals of
applications for a beneficial use determination must include
the Agency's reasons for the conditions or disapproval, and
they are subject to review under Section 40 of this Act.
(c) Beneficial use determinations shall be effective for a
period approved by the Agency, but that period may not exceed 5
years. Material that is beneficially used (i) in accordance
with a beneficial use determination, (ii) during the effective
period of the beneficial use determination, and (iii) by the
recipient of a beneficial use determination shall maintain its
non-waste status after the effective period of the beneficial
use determination unless its use no longer complies with the
terms of the beneficial use determination or the material
otherwise becomes waste.
(d) No recipient of a beneficial use determination shall
manage or use the material that is the subject of the
determination in violation of the determination or any
conditions in the determination, unless the material is managed
as waste.

09800SB1925sam001 - 5 - LRB098 10484 JDS 42956 a
(e) A beneficial use determination shall terminate by
operation of law if, due to a change in law, it conflicts with
the law; however, the recipient of the determination may apply
for a new beneficial use determination that is consistent with
the law as amended.
(f) This Section does not apply to hazardous waste, coal
combustion waste, coal combustion by-product, sludge applied
to the land, potentially infectious medical waste, or used oil.
(g) This Section does not apply to material that is burned
for energy recovery, that is used to produce a fuel, or that is
otherwise contained in a fuel.
(h) This Section does not apply to waste from the steel and
foundry industries that is (i) classified as beneficially
usable waste under Board rules and (ii) beneficially used in
accordance with Board rules governing the management of
beneficially usable waste from the steel and foundry
industries. This Section does apply to other beneficial uses of
waste from the steel and foundry industries, including, but not
limited to, waste that is classified as beneficially usable
waste but not used in accordance with the Board's rules
governing the management of beneficially usable waste from the
steel and foundry industries. No person shall use iron slags,
steelmaking slags, or foundry sands for land reclamation
purposes unless they have obtained a beneficial use
determination for such use under this Section.
(i) For purposes of this Section, the term "commercially

09800SB1925sam001 - 6 - LRB098 10484 JDS 42956 a
available material" means virgin material that (i) meets
industry standards for a specific use and (ii) is normally sold
for such use. For purposes of this Section, the term
"commercially available product" means a product made of virgin
material that (i) meets industry standards for a specific use
and (ii) is normally sold for such use.
(j) Before issuing a beneficial use determination for the
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:
(1) repeated violations of federal, state, or local
laws, rules, regulations, standards, or ordinances in the
operation of asphalt shingle recycling operation
facilities or sites;
(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,

09800SB1925sam001 - 7 - LRB098 10484 JDS 42956 a
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.)".