100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3506
 
Introduced 2/16/2018, by Sen. Pat McGuire
 
SYNOPSIS AS INTRODUCED:



415 ILCS 5/22.51
415 ILCS 5/22.51a

 Amends the Environmental Protection Act. Provides that within 180 days after the effective date of the amendatory Act, the Pollution Control Board shall adopt amendments to the rules adopted under specified provisions of the Act to require groundwater monitoring at all clean construction or demolition debris fill operations and all uncontaminated soil fill operations. Provides that the groundwater monitoring requirements adopted under specified provisions shall be designed to detect and prevent exceedances of the Board's Class I groundwater quality standards and meet specified requirements. Provides that groundwater monitoring shall be required for all clean construction or demolition debris fill operations and all uncontaminated soil fill operations unless, before the effective date of the amendatory Act, the owner or operator has completed post-closure maintenance and, for clean construction or demolition debris fill operations, received specified notice from the Environmental Protection Agency, or, for uncontaminated soil fill operations, submitted specified information to the Agency. Effective immediately.



LRB100 15895 MJP 31007 b


 
 
A BILL FOR
 


SB3506LRB100 15895 MJP 31007 b



1 AN ACT concerning safety.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Environmental Protection Act is amended by 
5changing Sections 22.51 and 22.51a as follows:

6 (415 ILCS 5/22.51)

7 Sec. 22.51. Clean Construction or Demolition Debris Fill 
8Operations.
9 (a) No person shall conduct any clean construction or 
10demolition debris fill operation in violation of this Act or 
11any regulations or standards adopted by the Board.
12 (b)(1)(A) Beginning August 18, 2005 but prior to July 1, 
132008, no person shall use clean construction or demolition 
14debris as fill material in a current or former quarry, mine, or 
15other excavation, unless they have applied for an interim 
16authorization from the Agency for the clean construction or 
17demolition debris fill operation.
18 (B) The Agency shall approve an interim authorization upon 
19its receipt of a written application for the interim 
20authorization that is signed by the site owner and the site 
21operator, or their duly authorized agent, and that contains the 
22following information: (i) the location of the site where the 
23clean construction or demolition debris fill operation is 
 
 
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1taking place, (ii) the name and address of the site owner, 
2(iii) the name and address of the site operator, and (iv) the 
3types and amounts of clean construction or demolition debris 
4being used as fill material at the site.
5 (C) The Agency may deny an interim authorization if the 
6site owner or the site operator, or their duly authorized 
7agent, fails to provide to the Agency the information listed in 
8subsection (b)(1)(B) of
this Section. Any denial of an interim 
9authorization shall be subject to appeal to the Board in 
10accordance with the procedures of Section 40 of this Act.
11 (D) No person shall use clean construction or demolition 
12debris as fill material in a current or former quarry, mine, or 
13other excavation for which the Agency has denied interim 
14authorization under subsection (b)(1)(C) of this Section. The 
15Board may stay the prohibition of this subsection (D) during 
16the pendency of an appeal of the Agency's denial of the interim 
17authorization brought under subsection (b)(1)(C) of this 
18Section.
19 (2) Beginning September 1, 2006, owners and
operators of 
20clean construction or demolition debris fill operations shall, 
21in accordance with a schedule prescribed by the Agency, submit 
22to the Agency applications for the
permits required under this 
23Section. The Agency shall notify owners and operators in 
24writing of the due date for their permit application. The due 
25date shall be no less than 90 days after the date of the 
26Agency's written notification. Owners and operators who do not 
 
 
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1receive a written notification from the Agency by October 1, 
22007, shall submit a permit application to the Agency by 
3January 1, 2008. The interim authorization of owners and 
4operators who fail to submit a permit application to the Agency 
5by the permit application's due date shall terminate on (i) the 
6due
date established by the Agency if the owner or operator 
7received a written notification from the Agency prior to

8October 1, 2007, or (ii) or January 1, 2008, if the owner or 
9operator did not receive a written notification from the Agency 
10by October 1, 2007.
11 (3) On and after July 1, 2008, no person shall use clean 
12construction or demolition debris as fill material in a current 
13or former quarry, mine, or other excavation (i) without a 
14permit granted by the Agency for the clean construction or 
15demolition debris fill operation or in violation of any 
16conditions imposed by such permit, including periodic reports 
17and full access to adequate records and the inspection of 
18facilities, as may be necessary to assure compliance with this 
19Act and with Board regulations and standards adopted under this 
20Act or (ii) in violation of any regulations or standards 
21adopted by the Board under this Act.
22 (4) This subsection (b) does not apply to:
23  (A) the use of clean construction or demolition debris 
24 as fill material in a current or former quarry, mine, or 
25 other excavation located on the site where the clean 
26 construction or demolition debris was generated;
 
 
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1  (B) the use of clean construction or demolition debris 
2 as fill material in an excavation other than a current or 
3 former quarry or mine if this use complies with Illinois 
4 Department of Transportation specifications; or

5  (C) current or former quarries, mines, and other 
6 excavations that do not use clean construction or 
7 demolition debris as fill material.

8 (c) In accordance with Title VII of this Act, the Board may 
9adopt regulations to promote the purposes of this Section. The 
10Agency shall consult with the mining and construction 
11industries during the development of any regulations to promote 
12the purposes of this Section.
13  (1) No later than December 15, 2005, the Agency shall 
14 propose to the Board, and no later than September 1, 2006, 
15 the Board shall adopt, regulations for the use of clean 
16 construction or demolition debris as fill material in 
17 current and former quarries, mines, and other excavations. 
18 Such regulations shall include, but shall not be limited 
19 to, standards for clean construction or demolition debris 
20 fill operations and the submission and review of permits 
21 required under this Section.
22  (2) Until the Board adopts rules under subsection 
23 (c)(1) of this Section, all persons using clean 
24 construction or
demolition debris as fill material in a 
25 current or former quarry, mine, or other excavation shall:
26   (A) Assure that only clean construction or 
 
 
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1 demolition debris is being used as fill material by 
2 screening each truckload of material received using a 
3 device approved by the Agency that detects volatile 
4 organic compounds. Such devices may include, but are 
5 not limited to, photo ionization detectors. All 
6 screening devices shall be operated and maintained in 
7 accordance with manufacturer's specifications. 
8 Unacceptable fill material shall be rejected from the 
9 site; and
10   (B) Retain for a minimum of 3 years the following 
11 information:
12    (i) The name of the hauler, the name of the 
13 generator, and place of origin of the debris or 
14 soil;
15    (ii) The approximate weight or volume of the 
16 debris or soil; and
17    (iii) The date the debris or soil was received.
18 (d) This Section applies only to clean construction or 
19demolition debris that is not considered "waste" as provided in 
20Section 3.160 of this Act.
21 (e) For purposes of this Section:
22  (1) The term "operator" means a person responsible for 
23 the operation and maintenance of a clean construction or 
24 demolition debris fill operation.
25  (2) The term "owner" means a person who has any direct 
26 or indirect interest in a clean construction or demolition 
 
 
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1 debris fill operation or in land on which a person operates 
2 and maintains a clean construction or demolition debris 
3 fill operation. A "direct or indirect interest" does not 
4 include the ownership of publicly traded stock. The "owner" 
5 is the "operator" if there is no other person who is 
6 operating and maintaining a clean construction or 
7 demolition debris fill operation.

8  (3) The term "clean construction or demolition debris 
9 fill operation" means a current or former quarry, mine, or 
10 other excavation where clean construction or demolition 
11 debris is used as fill material.
12  (4) The term "uncontaminated soil" shall have the same 
13 meaning as uncontaminated soil under Section 3.160 of this 
14 Act.
15 (f)(1) No later than July 30, 2011 one year after (the 
16effective date of P.A. 96-1416) this amendatory Act of the 96th 
17General Assembly, the Agency shall propose to the Board, and, 
18no later than one year after the Board's receipt of the 
19Agency's proposal, the Board shall adopt, rules for the use of 
20clean construction or demolition debris and uncontaminated 
21soil as fill material at clean construction or demolition 
22debris fill operations. The rules must include standards and 
23procedures necessary to protect groundwater, which may 
24include, but shall not be limited to, the following: 
25requirements regarding testing and certification of soil used 
26as fill material, surface water runoff, liners or other 
 
 
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1protective barriers, monitoring (including, but not limited 
2to, groundwater monitoring), corrective action, recordkeeping, 
3reporting, closure and post-closure care, financial assurance, 
4post-closure land use controls, location standards, and the 
5modification of existing permits to conform to the requirements 
6of this Act and Board rules. The rules may also include limits 
7on the use of recyclable concrete and asphalt as fill material 
8at clean construction or demolition debris fill operations, 
9taking into account factors such as technical feasibility, 
10economic reasonableness, and the availability of markets for 
11such materials.
12 (2) Until the effective date of the Board rules adopted 
13under subdivision (f)(1) of this Section, and in addition to 
14any other requirements, owners and operators of clean 
15construction or demolition debris fill operations must do all 
16of the following in subdivisions (f)(2)(A) through (f)(2)(D) of 
17this Section for all clean construction or demolition debris 
18and uncontaminated soil accepted for use as fill material. The 
19requirements in subdivisions (f)(2)(A) through (f)(2)(D) of 
20this Section shall not limit any rules adopted by the Board.
21  (A) Document the following information for each load of 
22 clean construction or demolition debris or uncontaminated 
23 soil received: (i) the name of the hauler, the address of 
24 the site of origin, and the owner and the operator of the 
25 site of origin of the clean construction or demolition 
26 debris or uncontaminated soil, (ii) the weight or volume of 
 
 
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1 the clean construction or demolition debris or 
2 uncontaminated soil, and (iii) the date the clean 
3 construction or demolition debris or uncontaminated soil 
4 was received.
5  (B) For all soil, obtain either (i) a certification 
6 from the owner or operator of the site from which the soil 
7 was removed that the site has never been used for 
8 commercial or industrial purposes and is presumed to be 
9 uncontaminated soil or (ii) a certification from a licensed 
10 Professional Engineer or licensed Professional Geologist 
11 that the soil is uncontaminated soil. Certifications 
12 required under this subdivision (f)(2)(B) must be on forms 
13 and in a format prescribed by the Agency.
14  (C) Confirm that the clean construction or demolition 
15 debris or uncontaminated soil was not removed from a site 
16 as part of a cleanup or removal of contaminants, including, 
17 but not limited to, activities conducted under the 
18 Comprehensive Environmental Response, Compensation, and 
19 Liability Act of 1980, as amended; as part of a Closure or 
20 Corrective Action under the Resource Conservation and 
21 Recovery Act, as amended; or under an Agency remediation 
22 program, such as the Leaking Underground Storage Tank 
23 Program or Site Remediation Program, but excluding sites 
24 subject to Section 58.16 of this Act where there is no 
25 presence or likely presence of a release or a substantial 
26 threat of a release of a regulated substance at, on, or 
 
 
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1 from the real property.
2  (D) Document all activities required under subdivision 
3 (f)(2) of this Section. Documentation of any chemical 
4 analysis must include, but is not limited to, (i) a copy of 
5 the lab analysis, (ii) accreditation status of the 
6 laboratory performing the analysis, and (iii) 
7 certification by an authorized agent of the laboratory that 
8 the analysis has been performed in accordance with the 
9 Agency's rules for the accreditation of environmental 
10 laboratories and the scope of accreditation.
11 (3) Owners and operators of clean construction or 
12demolition debris fill operations must maintain all 
13documentation required under subdivision (f)(2) of this 
14Section for a minimum of 3 years following the receipt of each 
15load of clean construction or demolition debris or 
16uncontaminated soil, except that documentation relating to an 
17appeal, litigation, or other disputed claim must be maintained 
18until at least 3 years after the date of the final disposition 
19of the appeal, litigation, or other disputed claim. Copies of 
20the documentation must be made available to the Agency and to 
21units of local government for inspection and copying during 
22normal business hours. The Agency may prescribe forms and 
23formats for the documentation required under subdivision 
24(f)(2) of this Section.
25 Chemical analysis conducted under subdivision (f)(2) of 
26this Section must be conducted in accordance with the 
 
 
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1requirements of 35 Ill. Adm. Code 742, as amended, and "Test 
2Methods for Evaluating Solid Waste, Physical/Chemical 
3Methods", USEPA Publication No. SW-846, as amended.
4 (4) Within 180 days after the effective date of this 
5amendatory Act of the 100th General Assembly, the Board shall 
6adopt amendments to the rules adopted under subdivision (f)(1) 
7of this Section to require groundwater monitoring at all clean 
8construction or demolition debris fill operations. The 
9groundwater monitoring requirements adopted under this 
10subdivision shall be designed to detect and prevent exceedances 
11of the Board's Class I groundwater quality standards. The 
12groundwater monitoring requirements adopted under this 
13subdivision shall include, but shall not be limited to, the 
14following: groundwater monitoring frequency; a methodology 
15specifying the minimum required number of groundwater 
16monitoring wells and well locations that must be reviewed and 
17approved by the Agency; installation of the groundwater 
18monitoring system within one year after the Board adopts these 
19rules; monitoring duration, that shall include post-closure 
20monitoring for at least 5 years after the Agency issues to the 
21owner or operator a certification of closure; remedial action 
22procedures to address any exceedances of the Class I 
23groundwater standards; and financial assurance for corrective 
24action, closure, and post-closure. Groundwater monitoring 
25shall be required for all clean construction or demolition 
26debris fill operations unless, before the effective date of 
 
 
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1this amendatory Act of the 100th General Assembly, the owner or 
2operator has completed post-closure maintenance and received 
3written notification from the Agency that the permit is 
4terminated. 
5 (g)(1) No person shall use soil other than uncontaminated 
6soil as fill material at a clean construction or demolition 
7debris fill operation.
8 (2) No person shall use construction or demolition debris 
9other than clean construction or demolition debris as fill 
10material at a clean construction or demolition debris fill 
11operation. 

12(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)

13 (415 ILCS 5/22.51a)
14 Sec. 22.51a. Uncontaminated Soil Fill Operations.
15 (a) For purposes of this Section:
16  (1) The term "uncontaminated soil" shall have the same 
17 meaning as uncontaminated soil under Section 3.160 of this 
18 Act.
19  (2) The term "uncontaminated soil fill operation" 
20 means a current or former quarry, mine, or other excavation 
21 where uncontaminated soil is used as fill material, but 
22 does not include a clean construction or demolition debris 
23 fill operation.
24 (b) No person shall use soil other than uncontaminated soil 
25as fill material at an uncontaminated soil fill operation.
 
 
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1 (c) Owners and operators of uncontaminated soil fill 
2operations must register the fill operations with the Agency. 
3Uncontaminated soil fill operations that received 
4uncontaminated soil prior to the effective date of this 
5amendatory Act of the 96th General Assembly must be registered 
6with the Agency no later than March 31, 2011. Uncontaminated 
7soil fill operations that first receive uncontaminated soil on 
8or after the effective date of this amendatory Act of the 96th 
9General Assembly must be registered with the Agency prior to 
10the receipt of any uncontaminated soil. Registrations must be 
11submitted on forms and in a format prescribed by the Agency.
12 (d)(1) No later than July 30, 2011 one year after (the 
13effective date of P.A. 96-1416) this amendatory Act of the 96th 
14General Assembly, the Agency shall propose to the Board, and, 
15no later than one year after the Board's receipt of the 
16Agency's proposal, the Board shall adopt, rules for the use of 
17uncontaminated soil as fill material at uncontaminated soil 
18fill operations. The rules must include standards and 
19procedures necessary to protect groundwater, which shall 
20include, but shall not be limited to, testing and certification 
21of soil used as fill material and requirements for 
22recordkeeping.
23 (2) Until the effective date of the Board rules adopted 
24under subdivision (d)(1) of this Section, owners and operators 
25of uncontaminated soil fill operations must do all of the 
26following in subdivisions (d)(2)(A) through (d)(2)(F) of this 
 
 
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1Section for all uncontaminated soil accepted for use as fill 
2material. The requirements in subdivisions (d)(2)(A) through 
3(d)(2)(F) of this Section shall not limit any rules adopted by 
4the Board.
5  (A) Document the following information for each load of 
6 uncontaminated soil received: (i) the name of the hauler, 
7 the address of the site of origin, and the owner and the 
8 operator of the site of origin of the uncontaminated soil, 
9 (ii) the weight or volume of the uncontaminated soil, and 
10 (iii) the date the uncontaminated soil was received.
11  (B) Obtain either (i) a certification from the owner or 
12 operator of the site from which the soil was removed that 
13 the site has never been used for commercial or industrial 
14 purposes and is presumed to be uncontaminated soil or (ii) 
15 a certification from a licensed Professional Engineer or a 
16 licensed Professional Geologist that the soil is 
17 uncontaminated soil. Certifications required under this 
18 subdivision (d)(2)(B) must be on forms and in a format 
19 prescribed by the Agency.
20  (C) Confirm that the uncontaminated soil was not 
21 removed from a site as part of a cleanup or removal of 
22 contaminants, including, but not limited to, activities 
23 conducted under the Comprehensive Environmental Response, 
24 Compensation, and Liability Act of 1980, as amended; as 
25 part of a Closure or Corrective Action under the Resource 
26 Conservation and Recovery Act, as amended; or under an 
 
 
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1 Agency remediation program, such as the Leaking 
2 Underground Storage Tank Program or Site Remediation 
3 Program, but excluding sites subject to Section 58.16 of 
4 this Act where there is no presence or likely presence of a 
5 release or a substantial threat of a release of a regulated 
6 substance at, on, or from the real property.
7  (D) Visually inspect each load to confirm that only 
8 uncontaminated soil is being accepted for use as fill 
9 material.
10  (E) Screen each load of uncontaminated soil using a 
11 device that is approved by the Agency and detects volatile 
12 organic compounds. Such a device may include, but is not 
13 limited to, a photo ionization detector or a flame 
14 ionization detector. All screening devices shall be 
15 operated and maintained in accordance with the 
16 manufacturer's specifications. Unacceptable soil must be 
17 rejected from the fill operation.
18  (F) Document all activities required under subdivision 
19 (d)(2) of this Section. Documentation of any chemical 
20 analysis must include, but is not limited to, (i) a copy of 
21 the lab analysis, (ii) accreditation status of the 
22 laboratory performing the analysis, and (iii) 
23 certification by an authorized agent of the laboratory that 
24 the analysis has been performed in accordance with the 
25 Agency's rules for the accreditation of environmental 
26 laboratories and the scope of accreditation. 
 
 
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1 (3) Owners and operators of uncontaminated soil fill 
2operations must maintain all documentation required under 
3subdivision (d)(2) of this Section for a minimum of 3 years 
4following the receipt of each load of uncontaminated soil, 
5except that documentation relating to an appeal, litigation, or 
6other disputed claim must be maintained until at least 3 years 
7after the date of the final disposition of the appeal, 
8litigation, or other disputed claim. Copies of the 
9documentation must be made available to the Agency and to units 
10of local government for inspection and copying during normal 
11business hours. The Agency may prescribe forms and formats for 
12the documentation required under subdivision (d)(2) of this 
13Section.
14 Chemical analysis conducted under subdivision (d)(2) of 
15this Section must be conducted in accordance with the 
16requirements of 35 Ill. Adm. Code 742, as amended, and "Test 
17Methods for Evaluating Solid Waste, Physical/Chemical 
18Methods", USEPA Publication No. SW-846, as amended. 

19 (4) Within 180 days after the effective date of this 
20amendatory Act of the 100th General Assembly, the Board shall 
21adopt amendments to the rules adopted under subdivision (d)(1) 
22of this Section to require groundwater monitoring at all 
23uncontaminated soil fill operations. The groundwater 
24monitoring requirements adopted under this subdivision shall 
25be designed to detect and prevent exceedances of the Board's 
26Class I groundwater quality standards. The groundwater 
 
 
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1monitoring requirements adopted under this subdivision shall 
2include, but shall not be limited to, the following: 
3groundwater monitoring frequency; a methodology specifying the 
4minimum required number of groundwater monitoring wells and 
5well locations that must be reviewed and approved by the 
6Agency; installation of the groundwater monitoring system 
7within one year after the Board adopts these rules; monitoring 
8duration, that shall include post-closure monitoring for at 
9least 5 years after the Agency receives the owner's or 
10operator's certification of closure; remedial action 
11procedures to address any exceedances of the Class I 
12groundwater standards; and financial assurance for corrective 
13action, closure, and post-closure. Groundwater monitoring 
14shall be required for all uncontaminated soil fill operations 
15unless, before the effective date of this amendatory Act of the 
16100th General Assembly, the owner or operator has submitted to 
17the Agency: (A) a certification by a licensed Professional 
18Engineer or licensed Professional Geologist that post-closure 
19maintenance has been completed; and (B) an affidavit 
20demonstrating that post-closure maintenance is no longer 
21necessary. 
22(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)


23 Section 99. Effective date. This Act takes effect upon 
24becoming law.