Bill Amendment: IL HB1454 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: SAFETY-TECH

Status: 2019-01-08 - Session Sine Die [HB1454 Detail]

Download: Illinois-2017-HB1454-House_Amendment_001.html

---

Rep. Emily McAsey

Filed: 4/21/2017

10000HB1454ham001 LRB100 03184 MJP 24974 a
AMENDMENT TO HOUSE BILL 1454
AMENDMENT NO. ______. Amend House Bill 1454 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
changing Sections 22.51 and 22.51a as follows:
(415 ILCS 5/22.51)
Sec. 22.51. Clean Construction or Demolition Debris Fill
Operations.
(a) No person shall conduct any clean construction or
demolition debris fill operation in violation of this Act or
any regulations or standards adopted by the Board.
(b)(1)(A) Beginning August 18, 2005 but prior to July 1,
2008, no person shall use 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 clean construction or

10000HB1454ham001 - 2 - LRB100 03184 MJP 24974 a
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
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 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 clean construction or demolition
debris as fill material in a current or former 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

10000HB1454ham001 - 3 - LRB100 03184 MJP 24974 a
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 clean
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 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

10000HB1454ham001 - 4 - LRB100 03184 MJP 24974 a
Act or (ii) in violation of any regulations or standards
adopted by the Board under this Act.
(4) This subsection (b) does not apply to:
(A) the use of 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 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 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
propose to the Board, and no later than September 1, 2006,
the Board shall adopt, regulations for the use of 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 clean construction or demolition debris

10000HB1454ham001 - 5 - LRB100 03184 MJP 24974 a
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 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
soil;
(ii) The approximate weight or volume of the
debris or soil; and
(iii) The date the debris or soil was received.
(d) This Section applies only to clean construction or
demolition debris that is not considered "waste" as provided in

10000HB1454ham001 - 6 - LRB100 03184 MJP 24974 a
Section 3.160 of this Act.
(e) For purposes of this Section:
(1) The term "operator" means a person responsible for
the operation and maintenance of a clean construction or
demolition debris fill operation.
(2) The term "owner" means a person who has any direct
or indirect interest in a clean construction or demolition
debris fill operation or in land on which a person operates
and maintains a 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 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 "uncontaminated soil" shall have the same
meaning as uncontaminated soil under Section 3.160 of this
Act.
(f)(1) No later than July 30, 2011 one year after (the
effective date of P.A. 96-1416) this amendatory Act of the 96th
General Assembly, the Agency shall propose to the Board, and,
no later than one year after the Board's receipt of the
Agency's proposal, the Board shall adopt, rules for the use of

10000HB1454ham001 - 7 - LRB100 03184 MJP 24974 a
clean construction or demolition debris and uncontaminated
soil as fill material at clean construction or demolition
debris fill operations. The rules must include standards and
procedures necessary to protect groundwater, which may
include, but shall not be limited to, the following:
requirements regarding testing and certification of soil used
as fill material, surface water runoff, liners or other
protective barriers, monitoring (including, but not limited
to, groundwater monitoring), corrective action, recordkeeping,
reporting, closure and post-closure care, financial assurance,
post-closure land use controls, location standards, and the
modification of existing permits to conform to the requirements
of this Act and Board rules. The rules may also include limits
on the use of recyclable concrete and asphalt as fill material
at clean construction or demolition debris fill operations,
taking into account factors such as technical feasibility,
economic reasonableness, and the availability of markets for
such materials.
(2) Until the effective date of the Board rules adopted
under subdivision (f)(1) of this Section, and in addition to
any other requirements, owners and operators of clean
construction or demolition debris fill operations must do all
of the following in subdivisions (f)(2)(A) through (f)(2)(D) of
this Section for all clean construction or demolition debris
and uncontaminated soil accepted for use as fill material. The
requirements in subdivisions (f)(2)(A) through (f)(2)(D) of

10000HB1454ham001 - 8 - LRB100 03184 MJP 24974 a
this Section shall not limit any rules adopted by the Board.
(A) Document the following information for each load of
clean construction or demolition debris or uncontaminated
soil received: (i) the name of the hauler, the address of
the site of origin, and the owner and the operator of the
site of origin of the clean construction or demolition
debris or uncontaminated soil, (ii) the weight or volume of
the clean construction or demolition debris or
uncontaminated soil, and (iii) the date the clean
construction or demolition debris or uncontaminated soil
was received.
(B) For all soil, obtain 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
uncontaminated soil or (ii) a certification from a licensed
Professional Engineer or licensed Professional Geologist
that the soil is uncontaminated soil. Certifications
required under this subdivision (f)(2)(B) must be on forms
and in a format prescribed by the Agency.
(C) Confirm that the clean construction or demolition
debris or uncontaminated soil was not removed from a site
as 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 part of a Closure or

10000HB1454ham001 - 9 - LRB100 03184 MJP 24974 a
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, or
from the real property.
(D) Document all activities required under subdivision
(f)(2) of this Section. 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.
(3) Owners and operators of clean construction or
demolition debris fill operations must maintain all
documentation required under subdivision (f)(2) of this
Section for a minimum of 3 years following the receipt of each
load of clean construction or demolition debris or
uncontaminated 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

10000HB1454ham001 - 10 - LRB100 03184 MJP 24974 a
the documentation must be made available to the Agency and to
units of local government for inspection and copying during
normal business hours. The Agency may prescribe forms and
formats for the documentation required under subdivision
(f)(2) of this Section.
Chemical analysis conducted under subdivision (f)(2) of
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.
(4) Within one year after the effective date of this
amendatory Act of the 100th General Assembly, the Board shall
adopt amendments to the rules adopted under subdivision (f)(1)
of this Section to require groundwater monitoring at all clean
construction or demolition debris fill operations. The
groundwater monitoring requirements adopted under this
subdivision shall be designed to detect and prevent exceedances
of the Board's Class I groundwater quality standards. The
groundwater monitoring requirements adopted under this
subdivision shall include, but shall not be limited to, the
following: groundwater monitoring frequency; a methodology
specifying the minimum required number of groundwater
monitoring wells and well locations that must be reviewed and
approved by the Agency; installation of the groundwater
monitoring system within one year after the Board adopts these
rules; monitoring duration, that shall include post-closure

10000HB1454ham001 - 11 - LRB100 03184 MJP 24974 a
monitoring for at least 5 years after the Agency issues to the
owner or operator a certification of closure; remedial action
procedures to address any exceedances of the Class I
groundwater standards; and financial assurance for corrective
action, closure, and post-closure. Groundwater monitoring
shall be required for all clean construction or demolition
debris fill operations that have not gone through closure by
the effective date of this amendatory Act of the 100th General
Assembly.
(g)(1) No person shall use soil other than uncontaminated
soil as fill material at a clean construction or demolition
debris fill operation.
(2) No person shall use construction or demolition debris
other than clean construction or demolition debris as fill
material at a clean construction or demolition debris fill
operation.
(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
(415 ILCS 5/22.51a)
Sec. 22.51a. Uncontaminated Soil Fill Operations.
(a) For purposes of this Section:
(1) The term "uncontaminated soil" shall have the same
meaning as uncontaminated soil under Section 3.160 of this
Act.
(2) The term "uncontaminated soil fill operation"
means a current or former quarry, mine, or other excavation

10000HB1454ham001 - 12 - LRB100 03184 MJP 24974 a
where uncontaminated soil is used as fill material, but
does not include a clean construction or demolition debris
fill operation.
(b) No person shall use soil other than uncontaminated soil
as fill material at an uncontaminated soil fill operation.
(c) Owners and operators of uncontaminated soil fill
operations must register the fill operations with the Agency.
Uncontaminated soil fill operations that received
uncontaminated soil prior to the effective date of this
amendatory Act of the 96th General Assembly must be registered
with the Agency no later than March 31, 2011. Uncontaminated
soil fill operations that first receive uncontaminated soil on
or after the effective date of this amendatory Act of the 96th
General Assembly must be registered with the Agency prior to
the receipt of any uncontaminated soil. Registrations must be
submitted on forms and in a format prescribed by the Agency.
(d)(1) No later than July 30, 2011 one year after (the
effective date of P.A. 96-1416) this amendatory Act of the 96th
General Assembly, the Agency shall propose to the Board, and,
no later than one year after the Board's receipt of the
Agency's proposal, the Board shall adopt, rules for the use of
uncontaminated soil as fill material at uncontaminated soil
fill operations. The rules must include standards and
procedures necessary to protect groundwater, which shall
include, but shall not be limited to, testing and certification
of soil used as fill material and requirements for

10000HB1454ham001 - 13 - LRB100 03184 MJP 24974 a
recordkeeping.
(2) Until the effective date of the Board rules adopted
under subdivision (d)(1) of this Section, owners and operators
of uncontaminated soil fill operations must do all of the
following in subdivisions (d)(2)(A) through (d)(2)(F) of this
Section for all uncontaminated soil accepted for use as fill
material. The requirements in subdivisions (d)(2)(A) through
(d)(2)(F) of this Section shall not limit any rules adopted by
the Board.
(A) Document the following information for each load of
uncontaminated soil received: (i) the name of the hauler,
the address of the site of origin, and the owner and the
operator of the site of origin of the uncontaminated soil,
(ii) the weight or volume of the uncontaminated soil, and
(iii) the date the uncontaminated soil was received.
(B) Obtain 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 uncontaminated soil or (ii)
a certification from a licensed Professional Engineer or a
licensed Professional Geologist that the soil is
uncontaminated soil. Certifications required under this
subdivision (d)(2)(B) must be on forms and in a format
prescribed by the Agency.
(C) Confirm that the uncontaminated soil was not
removed from a site as part of a cleanup or removal of

10000HB1454ham001 - 14 - LRB100 03184 MJP 24974 a
contaminants, including, but not limited to, activities
conducted under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended; as
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, or from the real property.
(D) Visually inspect each load to confirm that only
uncontaminated soil is being accepted for use as fill
material.
(E) Screen each load of uncontaminated soil using a
device that is approved by the Agency and detects volatile
organic compounds. Such a device may include, but is not
limited to, a photo ionization detector or a flame
ionization detector. All screening devices shall be
operated and maintained in accordance with the
manufacturer's specifications. Unacceptable soil must be
rejected from the fill operation.
(F) Document all activities required under subdivision
(d)(2) of this Section. Documentation of any chemical
analysis must include, but is not limited to, (i) a copy of
the lab analysis, (ii) accreditation status of the

10000HB1454ham001 - 15 - LRB100 03184 MJP 24974 a
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.
(3) Owners and operators of uncontaminated soil fill
operations must maintain all documentation required under
subdivision (d)(2) of this Section for a minimum of 3 years
following the receipt of each load of uncontaminated 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 and to units
of local government for inspection and copying during normal
business hours. The Agency may prescribe forms and formats for
the documentation required under subdivision (d)(2) of this
Section.
Chemical analysis conducted under subdivision (d)(2) of
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.
(4) Within one year after the effective date of this
amendatory Act of the 100th General Assembly, the Board shall
adopt amendments to the rules adopted under subdivision (d)(1)

10000HB1454ham001 - 16 - LRB100 03184 MJP 24974 a
of this Section to require groundwater monitoring at all
uncontaminated soil fill operations. The groundwater
monitoring requirements adopted under this subdivision shall
be designed to detect and prevent exceedances of the Board's
Class I groundwater quality standards. The groundwater
monitoring requirements adopted under this subdivision shall
include, but shall not be limited to, the following:
groundwater monitoring frequency; a methodology specifying the
minimum required number of groundwater monitoring wells and
well locations that must be reviewed and approved by the
Agency; installation of the groundwater monitoring system
within one year after the Board adopts these rules; monitoring
duration, that shall include post-closure monitoring for at
least 5 years after the Agency receives the owner's or
operator's certification of closure; remedial action
procedures to address any exceedances of the Class I
groundwater standards; and financial assurance for corrective
action, closure, and post-closure. Groundwater monitoring
shall be required for all uncontaminated soil fill operations
that have not gone through closure by the effective date of
this amendatory Act of the 100th General Assembly.
(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.".