Rep. Emily McAsey
Filed: 4/21/2017
 
 


 




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1
AMENDMENT TO HOUSE BILL 1454 




2 AMENDMENT NO. ______. Amend House Bill 1454 by replacing 
3everything after the enacting clause with the following:


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 
 
 
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1demolition debris fill operation.
2 (B) The Agency shall approve an interim authorization upon 
3its receipt of a written application for the interim 
4authorization that is signed by the site owner and the site 
5operator, or their duly authorized agent, and that contains the 
6following information: (i) the location of the site where the 
7clean construction or demolition debris fill operation is 
8taking place, (ii) the name and address of the site owner, 
9(iii) the name and address of the site operator, and (iv) the 
10types and amounts of clean construction or demolition debris 
11being used as fill material at the site.
12 (C) The Agency may deny an interim authorization if the 
13site owner or the site operator, or their duly authorized 
14agent, fails to provide to the Agency the information listed in 
15subsection (b)(1)(B) of
this Section. Any denial of an interim 
16authorization shall be subject to appeal to the Board in 
17accordance with the procedures of Section 40 of this Act.
18 (D) No person shall use clean construction or demolition 
19debris as fill material in a current or former quarry, mine, or 
20other excavation for which the Agency has denied interim 
21authorization under subsection (b)(1)(C) of this Section. The 
22Board may stay the prohibition of this subsection (D) during 
23the pendency of an appeal of the Agency's denial of the interim 
24authorization brought under subsection (b)(1)(C) of this 
25Section.
26 (2) Beginning September 1, 2006, owners and
operators of 
 
 
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1clean construction or demolition debris fill operations shall, 
2in accordance with a schedule prescribed by the Agency, submit 
3to the Agency applications for the
permits required under this 
4Section. The Agency shall notify owners and operators in 
5writing of the due date for their permit application. The due 
6date shall be no less than 90 days after the date of the 
7Agency's written notification. Owners and operators who do not 
8receive a written notification from the Agency by October 1, 
92007, shall submit a permit application to the Agency by 
10January 1, 2008. The interim authorization of owners and 
11operators who fail to submit a permit application to the Agency 
12by the permit application's due date shall terminate on (i) the 
13due
date established by the Agency if the owner or operator 
14received a written notification from the Agency prior to

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

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

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

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

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

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

24 (4) Within one year after the effective date of this 
25amendatory Act of the 100th General Assembly, the Board shall 
26adopt amendments to the rules adopted under subdivision (d)(1) 
 
 
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1of this Section to require groundwater monitoring at all 
2uncontaminated soil fill operations. The groundwater 
3monitoring requirements adopted under this subdivision shall 
4be designed to detect and prevent exceedances of the Board's 
5Class I groundwater quality standards. The groundwater 
6monitoring requirements adopted under this subdivision shall 
7include, but shall not be limited to, the following: 
8groundwater monitoring frequency; a methodology specifying the 
9minimum required number of groundwater monitoring wells and 
10well locations that must be reviewed and approved by the 
11Agency; installation of the groundwater monitoring system 
12within one year after the Board adopts these rules; monitoring 
13duration, that shall include post-closure monitoring for at 
14least 5 years after the Agency receives the owner's or 
15operator's certification of closure; remedial action 
16procedures to address any exceedances of the Class I 
17groundwater standards; and financial assurance for corrective 
18action, closure, and post-closure. Groundwater monitoring 
19shall be required for all uncontaminated soil fill operations 
20that have not gone through closure by the effective date of 
21this amendatory Act of the 100th General Assembly. 
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.".