Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 820 - STANDARDS FOR GENERAL CONSTRUCTION OR DEMOLITION DEBRIS RECOVERY FACILITIES › Subpart A - GENERAL PROVISIONS › Section 820.103 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Except as stated in this Section, or unless a different
				  meaning of a word or term is clear from the context, the definition of words or
				  terms in this Part will be the same as the definition of the same words or
				  terms in the Environmental Protection Act:
"Act" means the Environmental Protection Act [415 ILCS
				  5 ].
"
Agency
"
is the Environmental
				  Protection Agency established by
the Act
.
[415 ILCS
				  5/3.105 ]
"Adjudicated bankrupt" means the entry of any order for
				  relief under Chapter 7 of the United States Bankruptcy Code,
				  11 U.S.C.
				  101 et seq. ("the Code") under
a voluntary petition under Section 301(b) of the Code;
an involuntary petition under Section 303(h) of the Code;
				  or
a conversion of a Chapter 11 case to a Chapter 7 case under
				  Sections 348(a) and 1112(a) and (b) of the Code.
"Applicant" means the person applying to the Agency for a
				  permit for a general construction or demolition debris recovery facility permit
				  under this Part.
"
Board
"
is the Pollution Control
				  Board established by
the Act
.
[415 ILCS
				  5/3.130 ]
"
Clean construction or demolition debris
" or
				  "CCDD"
means uncontaminated broken concrete without protruding metal
				  bars, bricks, rock, stone, reclaimed or other asphalt pavement, or soil
				  generated from construction or demolition activities.
CCDD
does not include uncontaminated soil generated during construction,
				  remodeling, repair, and demolition of utilities, structures, and roads
if
the uncontaminated soil is not commingled with any clean
				  construction or demolition debris or other waste.
[415 ILCS
				  5/3.160(b) ]
"
Disposal
"
means the discharge,
				  deposit, injection, dumping, spilling, leaking or placing of any waste or
				  hazardous waste into or on any land or water or into any well so that such
				  waste or hazardous waste or any constituent thereof may enter the environment
				  or be emitted into the air or discharged into any waters, including ground
				  waters.
[415 ILCS 5/3.185 ]
"
General construction or demolition debris
"
				  or "GCDD"
means non-hazardous, uncontaminated materials resulting from
				  the construction, remodeling, repair, and demolition of utilities, structures,
				  and roads, limited to the following: bricks, concrete, and other masonry
				  materials; soil; rock; wood, including non-hazardous painted, treated, and
				  coated wood and wood products; wall coverings; plaster; drywall; plumbing
				  fixtures; non-asbestos insulation; roofing shingles and other roof coverings;
				  reclaimed or other asphalt pavement; glass; plastics that are not sealed in a
				  manner that conceals waste; electrical wiring and components containing no
				  hazardous substances; and corrugated cardboard, piping or metals incidental to
				  any of those materials.
GCDD
does not include uncontaminated
				  soil generated during construction, remodeling, repair, and demolition of
				  utilities, structures, and roads
if
the uncontaminated soil is
				  not commingled with any
GCDD
or other waste. To the extent
				  allowed by federal law, uncontaminated concrete with protruding rebar
is
considered
CCDD
and
is
not
				  considered "waste" if it is separated or processed and returned to the economic
				  mainstream in the form of raw materials or products within 4 years of its
				  generation, if it is not speculatively accumulated and, if used as a fill
				  material, it is used in
compliance
with
Section
				  3.160(b)(i) of
				  the Act. [415 ILCS
				  5/3.160(a) ]
"
General construction or demolition debris recovery
				  facility
" or "GCDD recovery facility"
means a site or facility
				  used to store or treat exclusively
GCDD,
including sorting,
				  separating, or transferring, for recycling, reclamation, or reuse.
For
				  purposes of this definition, "facility" means a site and all structures,
				  equipment, and fixtures on a site used in connection with or to facilitate GCDD
				  recovery operations
. For purposes of this definition, treatment
				  includes altering the physical nature of the
GCDD
, such as by
				  size reduction, crushing, grinding, or homogenization, but does not include
				  treatment designed to change the chemical nature of the general construction or
				  demolition debris
. [415 ILCS 5/3.160 (a-1)]
"
Landscape waste" means all accumulations of grass or
				  shrubbery cuttings, leaves, tree limbs and other materials accumulated as the
				  result of the care of lawns, shrubbery, vines and trees.
[415 ILCS
				  5/3.270 ]
"Malodor" means an odor caused by one or more contaminant
				  emissions into the atmosphere from a GCDD recovery facility that is in
				  sufficient quantities and of such characteristics and duration to be described
				  as an offensive odor to a reasonable person.
"Operator" means the person responsible for the operation and
				  maintenance of a GCDD recovery facility.
"Owner" means a person who has a direct or indirect interest
				  in the GCDD recovery facility or the land on which a person operates and
				  maintains a GCDD recovery facility. "Interest" includes a leasehold interest in
				  the land. The "owner" is the "operator" if there is no other person who is
				  operating and maintaining a GCDD recovery facility.
"Person" means
any individual, partnership,
				  co-partnership, firm, company, limited liability company, corporation,
				  association, joint stock company, trust, estate, political subdivision, State
				  agency, or any other legal entity, or their legal representative, agent or
				  assigns
. [415 ILCS 5/3.315 ]
"Putrescible recyclable GCDD" means GCDD material containing
				  organic matter capable of being decomposed by microorganisms to cause a
				  malodor, gases, or other offensive conditions or that can provide food for
				  birds and disease vectors.
"Recyclable GCDD" means GCDD
that is being reclaimed
				  from the
GCDD
waste stream and
is rendered reusable and is reused or
would otherwise be disposed of or discarded but is
				  collected, separated, or processed and returned to the economic mainstream in
				  the form of raw materials or products.
"Recyclable GCDD"
does not include
GCDD
that is
recovered for use as fuel or that is otherwise
				  incinerated or burned,
buried or used as fill material, including the use of
				  any clean construction or demolition debris fraction of general construction or
				  demolition debris as fill material under Section
3.160(b) of the
				  Act
or at a clean construction or demolition debris fill operation
				  under Section 22.51
of the
				  Act
, or
disposed of at a landfill
. [415 ILCS
				  5/22.38(c) ]
"
Recycling, reclamation, or reuse
" means
a method, technique, or process designed to remove any contaminant from
				  waste so as to render such waste reusable, or any process by which materials
				  that would otherwise be disposed of or discarded are collected, separated or
				  processed and returned to the economic mainstream in the form of raw materials
				  or products.
[415 ILCS 5/3.380 ]
"Run-off" means water resulting from precipitation that flows
				  overland before it enters a defined stream channel, any portion of this
				  overland flow that infiltrates into the ground before it reaches the stream
				  channel, and any precipitation that falls directly into a stream
				  channel.
"Special waste" means special waste as defined under Section
				  3.475 of the Act.
"Wood recovered for use as fuel" means
wood that is
				  recovered from the
GCDD
waste stream for use as fuel, as
				  authorized by the applicable state or federal environmental regulatory
				  authority, and supplied only to intermediate processing facilities for sizing,
				  or to combustion facilities for use as fuel, that have obtained all necessary
				  waste management and air permits for handling and combustion of the
				  fuel.
[415 ILCS
				  5/22.38(e) ]