Bill Amendment: IL HB4331 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: OPIOID OVERDOSE REPORTING

Status: 2019-01-08 - Session Sine Die [HB4331 Detail]

Download: Illinois-2017-HB4331-Senate_Amendment_001.html

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Sen. Michael E. Hastings

Filed: 5/29/2018

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AMENDMENT TO HOUSE BILL 4331
AMENDMENT NO. ______. Amend House Bill 4331 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
changing Section 22.51 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

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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

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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

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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

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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

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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 one year after the effective date of
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 clean construction or demolition

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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

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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

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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

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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.
(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.
(h) The Board shall adopt rules allowing the owner or
operator of a permitted clean construction or demolition debris
fill operation consisting of more than 40 acres but less than
75 acres and located in a county with a population over
2,000,000 to apply to the Agency to transfer a portion of the
site to another person before termination of the permit, and to
have the transferred portion of the site removed from the
permit before completion of closure and post-closure
maintenance, if the following requirements are met:

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(1) The owner or operator shall file with the Agency:
(A) an application to modify the clean
construction or demolition debris fill operation
permit to recognize a change in ownership of the
transferred property before completion of closure and
post-closure maintenance;
(B) documentation identifying the portion of the
site being transferred, including, but not limited to,
a survey of the portion of the clean construction or
demolition debris fill operation being transferred;
and
(C) a copy of the new owner's plans for the portion
of the site being transferred that document how the
site will be developed, including, but not limited to,
plans demonstrating how the closure and post-closure
requirements set forth in Board rules will be
satisfied.
(2) The owner or operator of the site shall conduct a
Phase I and Phase II Environmental Site Assessment in
accordance with Board rules and provide a copy of each
assessment to the prospective owner and to the Agency as
part of an application to modify the clean construction or
demolition debris fill operation permit to remove a portion
of the site from the permit.
(3) The portion of the site being transferred shall be
filled to within at least 3 feet of the final fill

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elevation that would otherwise be required under the
closure and post-closure maintenance requirements in the
permit.
(4) The owner or operator shall post with the Agency a
performance bond for purposes of closure and post-closure
maintenance of the portion of the site being transferred.
The bond shall be directly related to the estimate of the
costs for the Agency to remediate the transferred portion
of the site to a condition consistent with the closure and
post-closure maintenance requirements applicable to the
site. The bond required under this paragraph shall not
affect in any way any obligation or liability of any person
under this Act or any other State or federal law.
(5) The person to whom a portion of a permitted clean
construction or demolition debris fill operation is
transferred must complete closure and post-closure
maintenance for the transferred portion of the site in
accordance with Board rules. The rules adopted under this
subsection shall also specify the conditions under which
the State is entitled to collect moneys from the
performance bond required under paragraph (4).
(6) Any money forfeited to the State of Illinois from
any performance bond required under this subsection shall
be deposited in to the Landfill Closure and Post-Closure
Fund established under Section 21.1 of this Act and shall,
upon approval by the Governor and the Director of the

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Agency, be used by and under the direction of the Agency
for the purposes for which the performance bond was issued.
The Agency shall have the authority to approve or
disapprove any performance bond posted in accordance with
the rules adopted under this subsection. If the Agency
disapproves a performance bond required under the rules
adopted under this subsection, the person whose
performance bond is disapproved by the Agency may contest
the disapproval in the same manner as the appeal of a
permit denial under Section 40 of this Act. Until such time
as the Agency either collects bond money forfeited to the
State in accordance with rules adopted by the Board under
this Section or the Agency releases the bond in favor of
the site owner or operator who posted the bond, the name
and address of the current owner of the portion of the
clean construction or demolition debris site transferred
under this subsection shall be provided to the Agency for
record keeping purposes.
(7) The Agency is authorized to enter into contracts
and agreements as it may deem necessary to carry out the
purposes of this subsection or rules adopted under this
subsection. Neither the State, the Director of the Agency,
nor any State employee shall be liable for any damages or
injuries arising out of or resulting from any action taken
under this subsection or rules adopted under this
subsection.

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(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.".