Bill Text: IL SB0543 | 2015-2016 | 99th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning NPDES discharge fees.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Passed) 2015-07-10 - Public Act . . . . . . . . . 99-0020 [SB0543 Detail]
Download: Illinois-2015-SB0543-Enrolled.html
Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning NPDES discharge fees.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Passed) 2015-07-10 - Public Act . . . . . . . . . 99-0020 [SB0543 Detail]
Download: Illinois-2015-SB0543-Enrolled.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning safety.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Section 3.135 as follows:
| ||||||
6 | (415 ILCS 5/3.135) (was 415 ILCS 5/3.94)
| ||||||
7 | Sec. 3.135. Coal combustion by-product; CCB.
| ||||||
8 | (a) "Coal combustion
by-product" (CCB) means coal | ||||||
9 | combustion waste when used beneficially in any of
the following | ||||||
10 | ways: | ||||||
11 | (1) The extraction or recovery of material compounds | ||||||
12 | contained within CCB.
| ||||||
13 | (2) The use of CCB as a raw ingredient or mineral | ||||||
14 | filler in the
manufacture of the following commercial | ||||||
15 | products: cement; concrete and concrete mortars; | ||||||
16 | cementious products
including block, pipe and | ||||||
17 | precast/prestressed components; asphalt or cementious | ||||||
18 | roofing products; plastic products including pipes and | ||||||
19 | fittings; paints
and metal alloys; kiln fired products | ||||||
20 | including bricks, blocks, and tiles; abrasive media; | ||||||
21 | gypsum wallboard; asphaltic concrete, or asphalt based | ||||||
22 | paving material. | ||||||
23 | (3) CCB used (A) in accordance with the Illinois |
| |||||||
| |||||||
1 | Department of Transportation ("IDOT") standard
| ||||||
2 | specifications and subsection (a-5) of this Section or (B)
| ||||||
3 | under the
approval of the Department of Transportation for | ||||||
4 | IDOT projects.
| ||||||
5 | (4) Bottom ash used as antiskid material, athletic | ||||||
6 | tracks, or foot paths.
| ||||||
7 | (5) Use in the
stabilization or modification of
soils | ||||||
8 | providing the CCB meets the IDOT
specifications for soil | ||||||
9 | modifiers.
| ||||||
10 | (6) CCB used as a functionally equivalent substitute | ||||||
11 | for agricultural lime as a soil conditioner .
| ||||||
12 | (6.5) CCB that is a synthetic gypsum that: | ||||||
13 | (A) has a calcium sulfate dihydrate content | ||||||
14 | greater than 90%, by dry weight, and is generated by the | ||||||
15 | lime or limestone forced oxidation process; | ||||||
16 | (B) is registered with the Illinois Department of | ||||||
17 | Agriculture as a fertilizer or soil amendment and is used | ||||||
18 | as a fertilizer or soil amendment; | ||||||
19 | (C) is a functionally equivalent substitute for | ||||||
20 | mined gypsum (calcium sulfate dihydrate) used as a | ||||||
21 | fertilizer or soil amendment; | ||||||
22 | (D) is used in accordance with, and applied at a | ||||||
23 | rate consistent with, documented recommendations of a | ||||||
24 | qualified agricultural professional or institution, | ||||||
25 | including, but not limited to any of the following: | ||||||
26 | certified crop adviser, agronomist, university researcher, |
| |||||||
| |||||||
1 | federal Natural Resources Conservation Service | ||||||
2 | Conservation Practice Standard regarding the amendment of | ||||||
3 | soil properties with gypsum, or State-approved nutrient | ||||||
4 | management plan; but in no case is applied at a rate | ||||||
5 | greater than 5 dry tons per acre per year; and | ||||||
6 | (E) has not been mixed with any waste. | ||||||
7 | (7) Bottom ash used in non-IDOT pavement sub-base or
| ||||||
8 | base, pipe bedding, or foundation
backfill.
| ||||||
9 | (8) Structural fill, designed and constructed | ||||||
10 | according to ASTM standard E2277-03 or Illinois Department | ||||||
11 | of Transportation specifications, when used in an | ||||||
12 | engineered application or combined
with cement, sand, or | ||||||
13 | water to produce a controlled strength fill material
and | ||||||
14 | covered with 12 inches of soil unless infiltration is | ||||||
15 | prevented by the
material itself or other cover material.
| ||||||
16 | (9) Mine subsidence, mine fire control, mine sealing, | ||||||
17 | and mine reclamation. | ||||||
18 | (a-5) Except to the extent that the uses are otherwise | ||||||
19 | authorized by law
without such restrictions, the uses specified | ||||||
20 | in items (a)(3)(A) and (a)(7) through (9) shall be subject to | ||||||
21 | the
following conditions:
| ||||||
22 | (A) CCB shall not have been mixed with hazardous waste | ||||||
23 | prior to use.
| ||||||
24 | (B) CCB shall not exceed Class I Groundwater Standards | ||||||
25 | for
metals when
tested utilizing test method ASTM D3987-85. | ||||||
26 | The sample or samples tested shall be representative of the |
| |||||||
| |||||||
1 | CCB being considered for use.
| ||||||
2 | (C) Unless otherwise exempted, users of CCB for the | ||||||
3 | purposes described in items (a)(3)(A) and (a)(7) through | ||||||
4 | (9) of this Section shall provide notification
to the | ||||||
5 | Agency for each project utilizing CCB documenting the | ||||||
6 | quantity of CCB
utilized and certification of compliance | ||||||
7 | with conditions (A) and (B) of this subsection.
| ||||||
8 | Notification shall not be required for users of CCB for | ||||||
9 | purposes described in items (a)(1), (a)(2), (a)(3)(B), | ||||||
10 | (a)(4), (a)(5) and (a)(6) of this Section, or as required | ||||||
11 | specifically under a beneficial use determination as | ||||||
12 | provided under this Section, or pavement base, parking lot | ||||||
13 | base, or
building base projects utilizing less than 10,000 | ||||||
14 | tons, flowable fill/grout
projects utilizing less than | ||||||
15 | 1,000 cubic yards or other applications utilizing
less than | ||||||
16 | 100 tons.
| ||||||
17 | (D) Fly ash shall be managed in a manner that minimizes | ||||||
18 | the generation
of airborne particles and dust using | ||||||
19 | techniques such as moisture conditioning,
granulating, | ||||||
20 | inground application, or other demonstrated method.
| ||||||
21 | (E) CCB is not to be accumulated speculatively. CCB is | ||||||
22 | not accumulated
speculatively if during the calendar year, | ||||||
23 | the CCB used is equal to 75% of the
CCB by weight or volume | ||||||
24 | accumulated at the beginning of the period.
| ||||||
25 | (F) CCB shall include any prescribed mixture of fly | ||||||
26 | ash, bottom ash, boiler slag, flue gas desulfurization |
| |||||||
| |||||||
1 | scrubber sludge, fluidized bed combustion ash, and stoker | ||||||
2 | boiler ash and shall be tested as intended for use.
| ||||||
3 | (b) To encourage and promote the utilization of CCB in | ||||||
4 | productive and beneficial
applications, upon request by the | ||||||
5 | applicant, the Agency shall make a written beneficial use | ||||||
6 | determination that coal-combustion
waste is CCB when used in a | ||||||
7 | manner other than those uses specified in subsection (a) of | ||||||
8 | this Section if the applicant demonstrates that use of the | ||||||
9 | coal-combustion waste satisfies all of the following criteria: | ||||||
10 | the use will not cause, threaten, or allow the discharge of any | ||||||
11 | contaminant into the environment; the use will otherwise | ||||||
12 | protect human health and safety and the environment; and the | ||||||
13 | use constitutes a legitimate use of the coal-combustion waste | ||||||
14 | as an ingredient or raw material that is an effective | ||||||
15 | substitute for an analogous ingredient or raw material.
| ||||||
16 | The Agency's beneficial use determinations may allow the | ||||||
17 | uses set forth in items (a)(3)(A) and (a)(7) through (9) of | ||||||
18 | this Section without the CCB being subject to the restrictions | ||||||
19 | set forth in subdivisions (a-5)(B) and (a-5)(E) of this | ||||||
20 | Section.
| ||||||
21 | Within 90 days after the receipt of an application for a | ||||||
22 | beneficial use determination under this subsection (b), the | ||||||
23 | Agency shall, in writing, approve, disapprove, or approve with | ||||||
24 | conditions the beneficial use. Any disapproval or approval with | ||||||
25 | conditions shall include the Agency's reasons for the | ||||||
26 | disapproval or conditions. Failure of the Agency to issue a |
| |||||||
| |||||||
1 | decision within 90 days shall constitute disapproval of the | ||||||
2 | beneficial use request. These beneficial use determinations | ||||||
3 | are subject to review under Section 40 of this Act.
| ||||||
4 | Any approval of a beneficial use under this subsection (b) | ||||||
5 | shall become effective upon the date of the Agency's written | ||||||
6 | decision and remain in effect for a period of 5 years. If an | ||||||
7 | applicant desires to continue a beneficial use after the | ||||||
8 | expiration of the 5-year period, the applicant must submit an | ||||||
9 | application for renewal no later than 90 days prior to the | ||||||
10 | expiration. The beneficial use approval shall be automatically | ||||||
11 | extended unless denied by the Agency in writing with the | ||||||
12 | Agency's reasons for disapproval, or unless the Agency has | ||||||
13 | requested an extension for review, in which case the use will | ||||||
14 | continue to be allowed until an Agency determination is made. | ||||||
15 | Coal-combustion waste for which a beneficial use is | ||||||
16 | approved pursuant to this subsection (b) shall be considered | ||||||
17 | CCB during the effective period of the approval, as long as it | ||||||
18 | is used in accordance with the approval and any conditions. | ||||||
19 | Notwithstanding the other provisions of this subsection | ||||||
20 | (b), written beneficial use determination applications for the | ||||||
21 | use of CCB at sites governed by the federal Surface Mining | ||||||
22 | Control and Reclamation Act of 1977 (P.L. 95-87) or the rules | ||||||
23 | and regulations thereunder, or by any law or rule or regulation | ||||||
24 | adopted by the State of Illinois pursuant thereto, shall be | ||||||
25 | reviewed and approved by the Office of Mines and Minerals | ||||||
26 | within the Department of Natural Resources pursuant to 62 Ill. |
| |||||||
| |||||||
1 | Adm. Code §§ 1700-1850. Further, appeals of those | ||||||
2 | determinations shall be made pursuant to the Illinois | ||||||
3 | Administrative Review Law.
| ||||||
4 | The Board shall adopt rules establishing standards and | ||||||
5 | procedures for the Agency's issuance of beneficial use | ||||||
6 | determinations under this subsection (b). The Board rules may | ||||||
7 | also, but are not required to, include standards and procedures | ||||||
8 | for the revocation of the beneficial use determinations. Prior | ||||||
9 | to the effective date of Board rules adopted under this | ||||||
10 | subsection (b), the Agency is authorized to make beneficial use | ||||||
11 | determinations in accordance with this subsection (b). | ||||||
12 | The Agency is authorized to prepare and distribute guidance | ||||||
13 | documents relating to its administration of this Section. | ||||||
14 | Guidance documents prepared under this subsection are not rules | ||||||
15 | for the purposes of the Illinois Administrative Procedure Act.
| ||||||
16 | (Source: P.A. 97-510, eff. 8-23-11.)
|