Bill Text: IL SB1522 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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 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 any exceedance 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB1522 Detail]

Download: Illinois-2023-SB1522-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1522 Introduced 2/8/2023, by Sen. Laura Ellman 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 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 any exceedance 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.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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
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

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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
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

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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 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;

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(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
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

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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 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

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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
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

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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 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

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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 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

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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
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.

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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 180 days after the effective date of this
amendatory Act of the 103rd 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 any
exceedance 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, which shall include
post-closure 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 exceedance of the
Class I groundwater standards; and financial assurance for
corrective action, closure, and post-closure. Groundwater

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monitoring shall be required for all clean construction or
demolition debris fill operations unless, before the effective
date of this amendatory Act of the 103rd General Assembly, the
owner or operator has completed post-closure maintenance and
received written notification from the Agency that the permit
is terminated.
(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 where uncontaminated soil is used as fill
material, but does not include a clean construction or
demolition debris fill operation.

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(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 recordkeeping.
(2) Until the effective date of the Board rules adopted

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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
contaminants, including, but not limited to, activities

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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
laboratory performing the analysis, and (iii)

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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 180 days after the effective date of this
amendatory Act of the 103rd General Assembly, the Board shall
adopt amendments to the rules adopted under subdivision (d)(1)
of this Section to require groundwater monitoring at all

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uncontaminated soil fill operations. The groundwater
monitoring requirements adopted under this subdivision shall
be designed to detect and prevent any exceedance 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, which 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 exceedance 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
unless, before the effective date of this amendatory Act of
the 103rd General Assembly, the owner or operator has
submitted to the Agency: (A) a certification by a licensed
Professional Engineer or licensed Professional Geologist that
post-closure maintenance has been completed; and (B) an
affidavit demonstrating that post-closure maintenance is no
longer necessary.
(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)

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