Bill Text: IL SB2034 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Environmental Protection Act. Authorizes the Environmental Protection Agency ("the Agency") to make written determinations that certain materials that would otherwise be required to be managed as waste may be managed as non-waste if those materials are used beneficially and in a manner that is protective of human health and the environment. Requires applicants for beneficial use determinations to demonstrate that (i) the chemical and physical properties of the material are comparable to similar commercially available materials, (ii) the market demand for the material meets certain requirements, (iii) the material is legitimately beneficially used, (iv) the management and use of the material will not cause, threaten, or allow the release of any contaminant into the environment, except as authorized by law, and (v) the management and use of the material otherwise protects human health and safety and the environment. Authorizes applicants to seek review of the Agency's written decisions to disapprove of an application for a determination or to approve of it with conditions. Requires determinations to be effective for a period approved by the Agency, but that period may not exceed 5 years. Authorizes certain materials to maintain their non-waste status after the effective period of the determination under certain conditions. Prohibits recipients of a determination from managing or using the material that is the subject of the determination in violation of the determination or any conditions imposed by it, unless the material is managed as waste. Makes this Section inapplicable to certain types of materials. Defines "commercially available material" and "commercially available product". Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-14 - Public Act . . . . . . . . . 96-0489 [SB2034 Detail]

Download: Illinois-2009-SB2034-Enrolled.html

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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
adding Section 22.54 as follows:
(415 ILCS 5/22.54 new)
Sec. 22.54. Beneficial Use Determinations. The purpose of
this Section is to allow the Agency to determine that a
material otherwise required to be managed as waste may be
managed as non-waste if that material is used beneficially and
in a manner that is protective of human health and the
environment.
(a) To the extent allowed by federal law, the Agency may,
upon the request of an applicant, make a written determination
that a material is used beneficially (rather than discarded)
and, therefore, not a waste if the applicant demonstrates all
of the following:
(1) The chemical and physical properties of the
material are comparable to similar commercially available
materials.
(2) The market demand for the material is such that all
of the following requirements are met:
(A) The material will be used within a reasonable

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time.
(B) The material's storage prior to use will be
minimized.
(C) The material will not be abandoned.
(3) The material is legitimately beneficially used.
For the purposes of this item (3) of subsection (a) of this
Section, a material is "legitimately beneficially used" if
the applicant demonstrates all of the following:
(A) The material is managed separately from waste,
as a valuable material, and in a manner that maintains
its beneficial usefulness, including, but not limited
to, storing in a manner that minimizes the material's
loss and maintains its beneficial usefulness.
(B) The material is used as an effective substitute
for a similar commercially available material. For the
purposes of this paragraph (B) of item (3) of
subsection (a) of this Section, a material is "used as
an effective substitute for a commercially available
material" if the applicant demonstrates one or more of
the following:
(i) The material is used as a valuable raw
material or ingredient to produce a legitimate end
product.
(ii) The material is used directly as a
legitimate end product in place of a similar
commercially available product.

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(iii) The material replaces a catalyst or
carrier to produce a legitimate end product.
The applicant's demonstration under this paragraph
(B) of item (3) of subsection (a) of this Section must
include, but is not limited to, a description of the
use of the material, a description of the use of the
legitimate end product, and a demonstration that the
use of the material is comparable to the use of similar
commercially available products.
(C) The applicant demonstrates all of the
following:
(i) The material is used under paragraph (B) of
item (3) of subsection (a) of this Section within a
reasonable time.
(ii) The material's storage prior to use is
minimized.
(iii) The material is not abandoned.
(4) The management and use of the material will not
cause, threaten, or allow the release of any contaminant
into the environment, except as authorized by law.
(5) The management and use of the material otherwise
protects human health and safety and the environment.
(b) Applications for beneficial use determinations must be
submitted on forms and in a format prescribed by the Agency.
Agency approval, approval with conditions, or disapproval of an
application for a beneficial use determination must be in

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writing. Approvals with conditions and disapprovals of
applications for a beneficial use determination must include
the Agency's reasons for the conditions or disapproval, and
they are subject to review under Section 40 of this Act.
(c) Beneficial use determinations shall be effective for a
period approved by the Agency, but that period may not exceed 5
years. Material that is beneficially used (i) in accordance
with a beneficial use determination, (ii) during the effective
period of the beneficial use determination, and (iii) by the
recipient of a beneficial use determination shall maintain its
non-waste status after the effective period of the beneficial
use determination unless its use no longer complies with the
terms of the beneficial use determination or the material
otherwise becomes waste.
(d) No recipient of a beneficial use determination shall
manage or use the material that is the subject of the
determination in violation of the determination or any
conditions in the determination, unless the material is managed
as waste.
(e) A beneficial use determination shall terminate by
operation of law if, due to a change in law, it conflicts with
the law; however, the recipient of the determination may apply
for a new beneficial use determination that is consistent with
the law as amended.
(f) This Section does not apply to hazardous waste, coal
combustion waste, coal combustion by-product, sludge applied

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to the land, potentially infectious medical waste, or used oil.
(g) This Section does not apply to material that is burned
for energy recovery, that is used to produce a fuel, or that is
otherwise contained in a fuel.
(h) This Section does not apply to waste from the steel and
foundry industries that is (i) classified as beneficially
usable waste under Board rules and (ii) beneficially used in
accordance with Board rules governing the management of
beneficially usable waste from the steel and foundry
industries. This Section does apply to other beneficial uses of
waste from the steel and foundry industries, including, but not
limited to, waste that is classified as beneficially usable
waste but not used in accordance with the Board's rules
governing the management of beneficially usable waste from the
steel and foundry industries. No person shall use iron slags,
steelmaking slags, or foundry sands for land reclamation
purposes unless they have obtained a beneficial use
determination for such use under this Section.
(i) For purposes of this Section, the term "commercially
available material" means virgin material that (i) meets
industry standards for a specific use and (ii) is normally sold
for such use. For purposes of this Section, the term
"commercially available product" means a product made of virgin
material that (i) meets industry standards for a specific use
and (ii) is normally sold for such use.
Section 99. Effective date. This Act takes effect upon

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becoming law.