Great Lakes water, such as the availability of
federal project funds, water consumption and
use, current and projected water levels, levels
and sources of water pollution, invasive
species, current laws and regulations including
the Great Lakes Compact, etc. Requires the
Task Force to submit an annual report to the
General Assembly recommending any legisla-tive
proposals to protect the water quality and
supply of the Great Lakes.
Solid Waste Disposal
& Recycling Legislation
P.A. 96-489/SB 2034. Signed into law on
August 14, 2009; effective August 14, 2009.
Amends the Environmental Protection Act.
Authorizes the Illinois EPA to issue determina-tions
that certain materials otherwise required
to be managed as waste can instead be consid-ered
non-waste if they are beneficially reused
in a manner that protects human health and the
environment. Requires persons applying for
such “beneficial use determinations” to
demonstrate that the reuse is protective of
human health and the environment, and is a
legitimate reuse. Provides that beneficial use
determinations are effective for a period of 5
years and are automatically extended upon
request unless an extension is denied by the
Illinois EPA in writing. Provides for appeal of
the Agency’s decision to the Illinois Pollution
Control Board. Excludes certain types of wastes.
P.A. 96-737/SB 2103. Signed into law on
August 25, 2009; effective August 25, 2009.
Amends the Environmental Protection Act.
Authorizes the Illinois EPA to issue adminis-trative
citations for certain violations under the
Agency’s Used Tire Program. Specifically,
authorizes the Agency to issue administrative
citations for: 1) causing or allowing the accu-mulation
of water in stored used tires; 2) fail-ure
of a tire retailer to collect the Tire User Fee
or file a return with the Illinois Department of
Revenue; or 3) transporting used or waste tires
in a vehicle that is not properly registered or
placarded. The penalty for a violation would
be $1,500. Exempts from the Illinois EPA’s
authority to issue administrative citations for
tire violations for those used or waste tires
located at a residential household with 12 or
fewer used or waste tires on site.
P.A. 96-1416/SB 3721. Signed into law on
July 30, 2010; effective July 30, 2010. Amends
the Environmental Protection Act. Requires
the Illinois Pollution Control Board (IPCB) to
adopt rules that define “uncontaminated soil”
for purposes of clean construction or demoli-tion
debris (CCDD) and uncontaminated soil
generated from construction or demolition
activities. Requires the IPCB to adopt additional
appropriate technical standards for CCDD fill
sites, and until such rules are adopted provides
additional inspection standards for material
being accepted at CCDD fill sites. Among
other things, the technical standards adopted
by the IPCB may include limitations on the
use of recyclable concrete and asphalt as fill.
Brings “soil-only” fill sites under regulation by
requiring the IPCB to adopt appropriate tech-nical
standards for “soil-only” fill sites, providing
interim soil inspection standards until IPCB
rules are adopted, and requiring “soil-only” fill
sites to register with the Illinois EPA.
Creates a state tipping fee for CCDD fill sites
of 20 cents per cubic yard or 14 cents per ton
of material received at such sites (approxi-mately
one-fifth of the current landfill tipping
fee). Proceeds would be used by the Illinois
EPA for inspection and enforcement activities
related to the use of CCDD and uncontaminat-ed
soil as fill. Also authorizes local govern-ments
(counties) that have delegation agree-ments
with the Agency to inspect CCDD fill
sites to impose their own local tipping fee of
up to 10 cents per cubic yard or 7 cents per
ton of material received at CCDD fill sites. No
state or local tipping fees would be imposed
on “soil-only” sites under this bill.
Authorizes the Illinois EPA as well as those
counties that have delegation agreements with
the Agency to issue administrative citations
(ACs) for violations.
P.A. 96-611/SB 125. Signed into law on
August 24, 2009; effective August 24, 2009.
Amends the Environmental Protection Act
(EPAct). Excludes the portion of any site or
facility accepting exclusively general construc-tion
debris, located in a county with a popula-
64
BIENNIAL REPORT 2009-2010 • ILLINOIS ENVIRONMENTAL PROTECTION AGENCY