Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 1100 - CLEAN CONSTRUCTION OR DEMOLITION DEBRIS FILL OPERATIONS AND UNCONTAMINATED SOIL FILL OPERATIONS › Subpart A - GENERAL › Section 1100.103 - 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 that applied to the same words or terms
				  in the Environmental Protection Act [415 ILCS 5 ]:
"10-year, 24-hour precipitation event" means a precipitation
				  event of 24-hour duration with a probable recurrence interval of once in 10
				  years.
"100-year, 24-hour precipitation event" means a precipitation
				  event of 24-hour duration with a probable recurrence interval of once in 100
				  years.
"Acceptable Detection Limit" or "ADL" means the detectable
				  concentration of a substance that is equal to the lowest appropriate Practical
				  Quantitation Limit (PQL) as defined in this Section.
"Act" means the Environmental Protection Act [415 ILCS 5
				  ].
"Agency" is the Illinois Environmental Protection Agency
				  established by the Act. [415 ILCS
				  5/3.105 ]
"Applicant" means the person submitting an application to the
				  Agency for a permit for a CCDD fill operation.
"Aquifer" means saturated (with groundwater) soils and
				  geologic materials which are sufficiently permeable to readily yield
				  economically useful quantities of water to wells, springs, or streams under
				  ordinary hydraulic gradients and whose boundaries can be identified and mapped
				  from hydrogeologic data. (Section 3 of the Illinois Groundwater Protection Act
				  [415 ILCS
				  55/3 ])
"Board" is the Pollution Control Board established by the
				  Act. [415 ILCS 5/3.105]
"CCDD" means clean construction or demolition debris.
"CCDD fill operation" means a current or former quarry, mine,
				  or other excavation where clean construction or demolition debris is used as
				  fill material. [415
				  ILCS 5/22.51(e)(3) ]
"Clean construction or demolition debris" means
				  uncontaminated broken concrete without protruding metal bars, bricks, rock,
				  stone, reclaimed or other asphalt pavement, or soil generated from construction
				  or demolition activities. For purposes of this Part, CCDD may include
				  uncontaminated broken concrete without protruding metal bars, bricks, rock,
				  stone, or reclaimed or other asphalt pavement that has been painted (painted
				  CCDD) if the painted CCDD is used as fill material at a CCDD fill operation in
				  accordance with Section 1100. 212. Clean construction or demolition debris does
				  not include uncontaminated soil generated during construction, remodeling,
				  repair, and demolition of utilities, structures, and roads provided the
				  uncontaminated soil is not commingled with any clean construction or demolition
				  debris or other waste. For purposes of this Part, uncontaminated soil may
				  include incidental amounts of stone, rock, gravel, roots, and other vegetation.
				  [415 ILCS
				  5/3.160(b)
]
"Documentation" means items, in any tangible form, whether
				  directly legible or legible with the aid of any machine or device, including
				  but not limited to affidavits, certificates, deeds, leases, contracts or other
				  binding agreements, licenses, permits, photographs, audio or video recordings,
				  maps, geographic surveys, chemical and mathematical formulas or equations,
				  mathematical and statistical calculations and assumptions, research papers,
				  technical reports, technical designs and design drawings, stocks, bonds, and
				  financial records, that are used to support facts or hypotheses.
"Facility" means the areas of a site and all equipment and
				  fixtures on a site used for a CCDD fill operation or uncontaminated soil fill
				  operation. A facility consists of an entire fill operation. All structures used
				  in connection with or to facilitate the fill operation will be considered a
				  part of the facility.
"Filled area" means areas within a unit where CCDD or
				  uncontaminated soil has been placed as fill material.
"Fill operation" means a CCDD fill operation or an
				  uncontaminated soil fill operation, as the context requires.
"Mine" means an excavation created for the purpose of
				  extracting ore or minerals, including, but not limited to, coal.
"National Pollutant Discharge Elimination System" or "NPDES"
				  means the program for issuing, modifying, revoking and reissuing, terminating,
				  monitoring, and enforcing permits and imposing and enforcing pretreatment
				  requirements under the Clean Water Act (
				  33 USC
				  1251 et seq.), Section 12(f) of the Act,
				  Subpart A of 35 Ill. Adm. Code 309, and 35 Ill. Adm. Code 310.
"NPDES permit" means a permit issued under the NPDES
				  program.
"Operator" means a person responsible for the operation and
				  maintenance of a fill operation. [415
				  ILCS 5/22.51(e)(1) ]
"Other excavation" means a pit other than a quarry or mine
				  created primarily for the purpose of extracting resources, including, but not
				  limited to, clay or other soil and does not include holes, trenches, or similar
				  earth removal created as part of normal construction, removal, or maintenance
				  of a structure, utility, or transportation infrastructure.
"Owner" means a person who has any direct or indirect
				  interest in a fill operation or in land on which a person operates and
				  maintains a 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 fill operation.
				  [415
				  ILCS 5/22.51(e)(2) ]
"Person" is any individual, partnership, co-partnership,
				  firm, 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
				  5/3.115 ]
"Potentially impacted property" means property on which a
				  historical or current use, or contaminant migration from a proximate site,
				  increases the presence or potential presence of contamination at the source
				  site. "Potentially impacted property" is intended to identify soil that is more
				  likely to be contaminated and in need of professional evaluation and
				  certification before placement in a fill site. Source site owners are
				  encouraged to coordinate with the receiving facility on soil certifications.
				  The following should be considered when determining whether property is
				  "potentially impacted property": the current use of the property, the prior
				  uses of the property, and the prior and current uses of adjoining property. For
				  example, for transportation rights of way or utility easements, the current use
				  of the property as a right of way or easement, the prior and current uses of
				  the property prior to its use as a right of way or easement, and the uses of
				  adjoining property should be considered. One or more of the following
				  environmental site assessment standards or policies, which are incorporated by
				  reference at Section
				  1100.104,
				  may be used for determining whether a property is "potentially impacted
				  property":
ASTM E 1527-05 Standard Practice for Environmental Site
				  Assessments: Phase I Environmental Site Assessment Process, approved November
				  1, 2005.
ASTM E 1528-06 Standard Practice for Limited Environmental
				  Due Diligence: Transaction Screen Process, approved February 1, 2006.
Illinois Department of Transportation, Bureau of Design and
				  Environment Manual, Part III Environmental Procedures, Chapter 27 Environmental
				  Surveys, February 2011.
Illinois Department of Transportation, Local Roads and Street
				  Manual, Chapter 20.
Illinois Department of Transportation, "A Manual for
				  Conducting Preliminary Environmental Site Assessments for Illinois Department
				  of Transportation Infrastructure Projects", Second Edition.
Illinois State Toll Highway Authority, "Environmental Studies
				  Manual", Section F, July 2001.
"Practical Quantitation Limit" or "PQL" means the lowest
				  concentration that can be reliably measured within specified limits of
				  precision and accuracy for a specific laboratory analytical method during
				  routine laboratory operating conditions in accordance with "Test Methods for
				  Evaluating Solid Wastes, Physical/Chemical Methods", EPA Publication No.
				  SW-846, incorporated by reference in Section
				  1100.104
				  of this Part.
"Professional engineer" or "PE" means a person who has
				  registered and obtained a seal pursuant to the Professional Engineering
				  Practice Act of 1989 [225 ILCS 325 ].
"Professional Geologist" or "PG" means a person licensed to
				  practice as a professional geologist pursuant to the Professional Geologist
				  Licensing Act [225 ILCS 745 ].
"Quarry" means an open surface excavation or pit created for
				  the purpose of extracting stone, rock, sand and gravel.
"Runoff" means water resulting from precipitation that flows
				  overland before it enters a defined stream channel, any portion of such
				  overland flow that infiltrates into the ground before it reaches the stream
				  channel, and any precipitation that falls directly into a stream
				  channel.
"Salvaging" means the return of CCDD to use other than use as
				  fill at a CCDD fill operation.
"Setback zone" means a geographic area, designated pursuant
				  to the Act, containing a potable water supply well or a potential source or
				  potential route, having a continuous boundary, and within which certain
				  prohibitions or regulations are applicable in order to protect
				  groundwaters[415 ILCS 5/3.450
				  ]
"Site of origin" means the site where the CCDD or
				  uncontaminated soil was generated from construction or demolition
				  activities.
"Source site operator" means a person responsible for the
				  operation of the site of origin of the CCDD or uncontaminated soil.
"Source site owner" means a person having an ownership
				  interest in the site of origin of the CCDD or uncontaminated soil.
"Uncontaminated soil" means soil generated during
				  construction, remodeling, repair or demolition of utilities, structures and
				  roads that does not contain contaminants in concentrations that pose a threat
				  to human health and safety and the environment. [415 ILCS
				  5/3.160(c) ] Subpart F of this Part
				  establishes standards for soil that is considered uncontaminated for purposes
				  of this Part.
"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. [415 ILCS
				  5/22.51a(a)(2) ].
"Unit" means a contiguous area within a facility where CCDD
				  or uncontaminated soil is placed as fill material.
"Working face" means any part of a unit where CCDD or
				  uncontaminated soil is being placed as fill.