Illinois Senate Bill 3721 (PA 96-1416) was adopted with the intention simplifying the disposal clean soil in either a quarry or a clean soil only facility, and became effective on July 30, 2010. The new law established procedures for the collection of uncontaminated soil at “uncontaminated soil fill operations” and the procedures used at “clean construction or demolition debris” facilities. “
Clean construction or demolition debris” (CCDD) is defined as uncontaminated broken concrete without protruding metal bars, bricks, rocks, stone or reclaimed asphalt pavement generated through construction or demolition activities.
Under the new regulations, soil-only facilities can accept uncontaminated soil. Previously, these facilities accepted only “clean” soil. Uncontaminated soil could be mixed with uncontaminated concrete and be considered CCDD. Soil testing occurred prior to any soil being transported to a CCDD facility. An exception existed for soil that was certified as not originating from a commercial/industrial site. The load could be disposed of at a CCDD facility upon presentation of acceptable documentation and a passing test at the facility gate. No testing was required for soil transported to a soil only facility because these facilities were not regulated.
Under the new law, prior to transporting a load to a CCDD facility, a generator of CCDD must: 1) document the location, the amount and the date the load was prepared; 2) provide a certification that the soil has never been used for commercial or industrial purposes or have an engineer certify that the load is clean; 3) confirm that the soil was not part of an environmental clean-up site; and 4) provide documentation of the scientific analysis of the soil. In addition, the operators of a CCDD facility must visually inspect each load and perform a screening test with an approved device, such as a photo ionization detector (PID), to determine if the load contains any volatile organic compounds.
Initially, IEPA interpreted that soil within a public roadway or right-of-way must be classified as commercial/industrial waste. Recently, IEPA has revised its position to state that municipalities should work with the CCDD facility to determine the soil’s classification, if generated from soil within a public roadway or right-of-way.
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