CO-CHAIR.
SEN . MAGGIE CROTTY
CO-CHAIR'.
REP BRENT HASSERT
EXECUTIVE DIRECTOR :
VICKI THOMAS
Tanner Girard, Chairman
Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Dear Chairman Girard :
JOINT COMMITTEE
ILLINOIS
ON
GENERAL
ADMINISTRATIVE
ASSEMBLY
RULES
700 STRATTON BUILDING
SPRINGFIELD, ILLINOIS 62706
217/785-2254
August 8, 2006
SEN . J. BRADLEY BURZYNSKI
SEN . JAMES CLAYBORNE
SEN . STEVE RAUSCHENBERGER
SEN . DAN RUTHERFORD
SEN . IRA SILVERSTEIN
REP. TOM HOLBROOK
REP DAVID R . LEITCH
REP LARRY McKEON
REP DAVID MILLER
REP. ROSEMARY MULLIGAN
AUG I 1 200
6
Po
llutio
n
Coon of Boa d
This is to notify you that JCAR considered the following proposed rulemakings at its 8/8/06
meeting:
Clean Construction or Demolition Debris Fill Operations (35 Ill
. Adm . Code 1100)
30 Ill . Reg. 7711 - 4/21/06
Standards and Requirements for Potable Water Supply Well Surveys and For Community
Relations Activities Performed in Conjunction with Agency Notices of Threats From
Contamination (35 Ill
. Adm. Code 1600)
30 111 . Reg. 8061
- 5/5/06
If your agency has agreed to any substantive modifications during its discussions with JCAR,
they are described in the "Agreements" attached to the certification
. Based on these agreements,
as well as the other responses you have provided the Committee during the review of these
rulemakings, JCAR has determined that No Objection will be issued
. Enclosed you will find
formal certification of this action .
These rulemakings may now be adopted upon filing with the Office of the Secretary of State
.
Please note that the fact that the Committee has not objected to these rulemakings does not
necessarily constitute approval, expressed or implied, of the substance of the rulemakings
.
CO-CHAIR :
SEN. MAGGIE CROTTY
CO-CHAIR :
REP
. BRENT HASSERT
EXECUTIVE DIRECTOR :
VICKI THOMAS
Jori
Thomas
Executive Director
Attachments: Agreements
JOINT COMMITTEE
ILLINOIS
ONADMINISTRATIVE
GENERAL ASSEMBLY
RULES
700 STRATTON BUILDING
SPRINGFIELD, ILLINOIS 62706
217/765-2254
JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF NO OBJECTION
TO PROPOSED RULEMAKING
This is to certify that the Joint Committee on Administrative Rules, at its 8/8/06 meeting,
considered Clean Construction or Demolition Debris Fill Operations (35 Ill
. Adm. Code 1100),
proposed by the Pollution Control Board and published in the 4/21/06 issue of the Illinois
Register
. After consideration, and based upon the agreements, if any, for modification of the
rulemaking made by the agency and attached to this document, the Committee determined that
no Objection will be issued to the above-mentioned rulemaking
.
August 8, 2006
SEN . J. BRADLEY BURZYNSKI
SEN . JAMES CLAYBORNE
SEN
. STEVE RAUSCHENBERGER
SEN
. DAN RUTHERFORD
SEN
. IRA SILVERSTEIN
REP TOM HOLBROOK
REP. DAVID R . LEITCH
REP LARRY McKEON
REP DAVID MILLER
REP. ROSEMARY MULLIGAN
SECOND NOTICE CHANGES
Agency:
Pollution Control Board
Rulemaking :
Clean Construction or Demolition Debris Fill Operations (35 Ill. Adm.
Code 1100
; 30 111
. Reg. 7711)
Changes :
1
.
In line 78, change the period to a semicolon
.
2.
After line 87, add :
"4)
Current or former quarries, mines, and other excavations that do not use clean
construction or demolition debris asfll material
[415 ILCS 5/22 .51(b)(4)(C)] ;" .
3.
In line 94, change
"4)"
to
"5)" .
4 .
In line 102, change "5)" to "6)".
5.
Change lines 152-171 to :
"To the extent allowed by federal law, clean construction or demolition debris
shall not be considered "waste" if it is
:
used as fill material outside of a setback zone if the fill is placed no higher
than the highest point of elevation existing prior to the filling immediately
adjacent to the fill area, and ifcovered
by sufficient uncontaminated soil
to support vegetation within 30 days after
the completion offilling or if
covered by a road or structure; or
separated or processed and returned to the economic mainstream in the
form of raw materials or products, if it is not speculatively accumulated
and, if used as a fill material, it is used in accordance with
the first
indented paragraph of this definition
within 30 days after its generation ; or
solely broken concrete without protruding metal bars usedfor
erosion
control; or
generatedfrom
the construction or demolition of a building, road, or
other structure and used to construct, on the site where the construction or
demolition has taken place, a manmade functional structure not to exceed
814106
20 feet above the highest point of elevation of the property immediately
adjacent to the new manmade functional structure as that elevation existed
prior to the creation of that new structure, provided that the structure
shall be covered with sufficient soil materials to sustain vegetation or by a
road or structure, and further provided that no such structure shall be
constructed within a home rule municipality with a population over
500, 000 without the consent of the municipality . [415 ILCS 5/3 .160(b)]" .
6.
Italicize lines 204-205 and after the period add "[415 ILCS 5/22 .51(e)(1)1"
.
7 .
In line 211, after the period add "[415 ILCS 5122 .51(e)(2)]" .
8 .
In line 876, change "this" to "the" .
9 .
In line 880, before the period add "at 35 Ill . Adm. Code 101 and 105" .
