Bureau of Land

Changes to Clean Construction or Demolition Debris
(CCDD) Requirements
(Last Updated August 4, 2011)

Overview of Changes to the Draft Regulations Prepared by Illinois EPA (Added April 29, 2011)

The Rulemaking Process

To meet the May 12 stakeholder due date, send your comments on the draft rule to epa.ccddcomments@illinois.gov.

When submitting comments on the draft rule, please observe the following:

1. Address all comments to epa.ccddcomments@illinois.gov
    
2. If you are submitting comments from a trade association or professional organization, please prioritize your group’s concerns and, as much as possible, organize the comments you receive from members.
    
3.  Be specific and propose alternative language where applicable.

The proposal to be filed by Illinois EPA in July 2011 is NOT the final regulation. July 30, 2011 marks the start of the formal rulemaking process, which is administered by a separate entity, the Illinois Pollution Control Board. From that point forward, all comments must be directed to the Board.

Who decides what the final regulations will look like?
The Illinois Pollution Control Board. The Board will schedule at least two hearings, one in Springfield and the other in Chicago. There will be opportunities to testify at these hearings, ask questions, and submit comments. As before, you are advised to work through your respective professional organization for greater efficiency and impact. The CCDD law requires that the Board adopt the rules no later than July 30, 2012.

How can I stay informed of the rule’s progress?
Between now and July 30, 2011, Illinois EPA will coordinate its outreach through stakeholder groups. We will also post the draft rule on our website, though we are not inviting comments from individuals online.

After July 30, 2011, the proposed rule will be managed by the Illinois Pollution Control Board, and all updates and opportunities to comment will come from the Board. Shortly after the Board assigns a Docket number to the rulemaking, you will be able to visit the Board’s website and view a separate webpage specific to this rulemaking. Once there, you will be able to click on View File to bring up the proposed rule and all relevant documents. You may also request to be placed on the Board's Notice List or Service List by clicking on Notify Me next to the Case Activity Heading.

How the Revised Draft Rule is Organized (Updated April 29, 2011)

The proposed rule will amend 35 Ill. Adm. Code Part 1100 to include uncontaminated soil fill operations and set new requirements for the management of CCDD and uncontaminated soil at fill sites. Right now, the existing 35 Ill. Adm. Code Part 1100 applies to CCDD facilities only. As drafted, the amendments to 35 Ill. Adm. Code Part 1100 are organized into seven Subparts. A brief description of each Subpart follows.

Subpart A: General
This Subpart adds “uncontaminated soil” and “uncontaminated soil fill operations” to the applicability and contains new definitions for “compliance boundary,” “compliance point,” “potentially impacted property," "representative groundwater conditions," "source site operator,” and “source site owner.” The term “other excavation” has been expanded, and copied out of the larger definition for “CCDD fill operation” and placed on its own for ease of use and understanding.

Subpart B: Operating Standards for CCDD Fill Operations
This Subpart describes how CCDD facilities are to be operated and includes the new requirements for soil certifications by source site owners and operators, professional engineers, and professional geologists.

Subpart C: Permit Application Information for CCDD Fill Operations
This Subpart has no significant changes.

Subpart D: Procedural Requirements for Permitting CCDD Fill Operations
This Subpart now requires three years of groundwater monitoring to confirm that the CCDD fill operation has not contributed to an exceedance of the Class I groundwater quality standards as a condition for terminating the CCDD facility permit. This requirement will become effective one year from the date of the adoption of the proposed rules to allow facilities to close before groundwater monitoring is required.

Subpart E: Uncontaminated Soil Fill Operations
This new Subpart provides operating standards and requirements for uncontaminated soil fill operations, which are not issued permits by Illinois EPA. Instead, as required by the CCDD law, uncontaminated soil fill operations are required to register their fill sites with Illinois EPA. For this reason, the closure and post-closure periods for uncontaminated soil fill operations are self-implementing with no Illinois EPA oversight. The owner or operator must submit an affidavit to Illinois EPA along with a professional engineer certification that the closure and post-closure periods have complied with the regulations. All of the other operating standards – such as the load checking, soil certification, and recordkeeping requirements – mirror the requirements for CCDD facilities.

Subpart F: Standards for Uncontaminated Soil Used as Fill Material at Regulated Fill Operations
This new Subpart lays out the methodology for the numerical standards used to determine whether or not soil generated from construction or demolition activities is uncontaminated and may be used as fill material at CCDD facilities and uncontaminated soil fill operations.

Subpart G: Groundwater Monitoring
This new Subpart applies to both CCDD facilities and uncontaminated soil fill operations. The Subpart requires groundwater monitoring and establishes the procedures to be followed in the event that the fill operation causes the Class I groundwater standards to be exceeded. These groundwater requirements are self-implementing.

Key Provisions of the 35 Ill. Adm. Code Part 1100 Amendments (Updated April 29, 2011)

Overview of Changes Made to the Draft Rule in Response to Stakeholder Comments (Updated April 29, 2011)

External Review of the Draft Rule for Clean Construction and Demolition Debris
Illinois EPA released its draft proposed amendments to 35 Ill. Adm. Code Part 1100 to stakeholders on February, 17, 2011. The Agency received 88 pages of comments from 24 stakeholder groups:
 

Illinois EPA appreciates the comments, issues and concerns raised by CCDD stakeholders, especially given the short deadline of March 11, 2011. The stakeholders’ careful review of the draft proposal has improved our approach to managing CCDD and uncontaminated soil.

Key Changes to the Draft Rule

1. Provided for Professional Geologists to certify that soil is uncontaminated
   
   Illinois EPA’s revised draft rule extends the signature authority of the uncontaminated soil certification form to professional geologists. On July 14, 2011, Governor Quinn signed HB 3371 into law as Public Act 97-137. This law allows Professional Geologists to provide certifications in addition to Professional Engineers under the interim soil certification requirements.
   
   Some commenters requested that geologists also be recognized under Part 1100, Subpart G: Groundwater Monitoring. Illinois EPA invites stakeholders to provide legal, regulatory and/or technical justification to expand the role of professional geologists in implementing Part 1100.
   


2. Replaced “industrial/commercial” with “potentially impacted property”
   
   The term “industrial/commercial,” is closely identified with zoning designations and, as a result, has caused confusion among stakeholders. The law’s intention was to identify soil that is more likely to be contaminated and in need of professional evaluation and certification before placement within a fill site. To better align with the purpose of the certification requirement and to give more flexibility to source site owners and operators, receiving facilities, contractors and environmental professionals, Illinois EPA has created a new term, “potentially impacted property.” As defined in the revised draft rule, “potentially impacted property” means property on which historical or current use increases the presence or potential presence of contamination. Illinois EPA deleted specific reference to rights of way and easements because the term “potentially impacted property” can be applied directly to these land uses.
   
   Please note that during the interim period before the CCDD rule is adopted, the use of “industrial/commercial” is required by law and existing forms, LPC-662 and LPC-663, must still be used.
   


3. Revised the definition of “other excavation”
   
   This term has long been problematic and several stakeholders requested clarification. Illinois EPA has expanded the definition as follows: “other excavation” means a pit created primarily for the purpose of extracting resources (e.g., soil, sand, gravel, clay) 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.
   

Overview of the Draft Rule (Added February 17, 2011)
Proposed Amendments to 35 IAC Part 1100 (Added February 17, 2011)
Overview of Changes to the Draft Rule (Added April 29, 2011)
Revised Proposed Amendments to 35 IAC Part 1100 (Added April 29, 2011)
Proposed Table of TACO-Derived Maximum Allowable Chemical Constituents in Uncontaminated Soil (Added April 29, 2011)

Background

Clean construction or demolition debris (CCDD) is uncontaminated broken concrete without protruding metal bars, bricks, rock, stone, or reclaimed asphalt pavement generated from construction or demolition activities. When uncontaminated soil is mixed with any of these materials, the uncontaminated soil is also considered CCDD. Uncontaminated soil that is not mixed with other CCDD materials is not CCDD. What constitutes uncontaminated soil has not been defined previously in the environmental laws or regulations.

When CCDD is used as fill it is not considered to be a waste as long as: 1) the filled area is not within the setback zone of a drinking water well; 2) the CCDD is placed below grade; and 3) within 30 days after filling is complete, the CCDD is covered with uncontaminated soil, pavement, or some type of structure. Since 2008, filling quarries, mines, and other excavations with CCDD has required a permit from the Illinois EPA’s Bureau of Land. Filling quarries, mines, and other excavations with only uncontaminated soil has previously not required any permitting by or registration with the Illinois EPA’s Bureau of Land.

More than 60 CCDD fill sites are currently permitted by the Illinois EPA.

New Public Act

1. Owners and operators of uncontaminated soil fill operations are required to register with the Illinois EPA’s Bureau of Land. Soil fill operations that received soil prior to July 30, 2010 must register by March 31, 2011. Soil fill operations that first receive uncontaminated soil on or after July 30, 2010 must register before accepting any uncontaminated soil.
   
2. Owners and operators of CCDD and uncontaminated soil fill operations are required to:
   
   
   1. record hauler, address of source site, owner/operator of source site, weight/volume, and date-received information for each load of CCDD or uncontaminated soil accepted;
   2. obtain for all soil: certification from the owner or operator of the site of origin that the site has never been used for commercial or industrial purposes and is presumed to be uncontaminated soil; or certification from a licensed professional engineer or licensed professional geologist that the soil is uncontaminated.
   3. confirm that all uncontaminated soil accepted was not removed as part of a cleanup or removal of contaminants;
   4. visually inspect each load of soil (already required of permitted CCDD fill operations);
   5. screen each load of soil with a device such as photo ionization detector, flame ionization detector, or another device approved by the Agency that detects volatile organic compounds (already required of permitted CCDD fill operations);
   6. document all these activities; and
   7. maintain this documentation for each load of soil for at least 3 years after the load was received.
   
    
3. Within one year after the effective date of the new CCDD law, the Illinois EPA has to propose, and within two years the Illinois Pollution Control Board has to adopt, rules defining uncontaminated soil by specifying the maximum concentrations of contaminants that may be in uncontaminated soil.



4. Within one year after the effective date of the new CCDD law, the Illinois EPA has to propose, and within two years the Illinois Pollution Control Board has to adopt, rules defining  uncontaminated soil fill operations that include standards and procedures to protect groundwater.
    
5. The Illinois EPA must assess and collect a fee on CCDD and uncontaminated soil accepted at CCDD fill operations. The state tipping fee for CCDD fill sites is set at 20 cents per cubic yard or 14 cents per ton of material received at such sites. Proceeds will be used by Illinois EPA for inspection and enforcement activities related to the use of CCDD and uncontaminated soil as fill. In addition to the State fee, the law authorizes local governments (counties) that inspect CCDD fill sites under delegation agreements with Illinois EPA to impose their own local tipping fee of up to 10 cents per cubic yard or 7 cents per ton of material received at CCDD fill sites. No state or local tipping fees are imposed on “soil-only” sites under this law.
    
6. In addition to their regular enforcement authorities, Illinois EPA as well as counties with delegation agreements are authorized to issue administrative citations (ACs) for violations of the CCDD requirements.
   

Immediate Changes

1. Document the following information for each load of CCDD or uncontaminated soil received:
1. Hauler name, site of origin address, owner or operator of the site of origin;
   
2. Weight in tons or volume in cubic yards; and
   
3. Date received.
   
2. Obtain for all soil:
1. Certification from the owner or operator of the site of origin that the site has never been used for commercial or industrial purposes and is presumed to be uncontaminated soil; or
   
2. Certification from a licensed professional engineer or licensed professional geologist that the soil is uncontaminated.
   


3. Confirm that the CCDD or uncontaminated soil was not removed from a site as part of a cleanup or removal.
   


4. Visually inspect and screen each load of soil with a device such as photo ionization detector, flame ionization detector, or another device approved by the Agency that detects volatile organic compounds (already required of permitted CCDD fill operations);
   


5. Document all activities under the Interim Requirements. Documentation of any chemical analysis must include, without limitation:
1. Copy of the lab analysis;
   
2. Laboratory accreditation status; and
   
3. Laboratory authorized agent certification.
   

For a summary of how the new law affects the management of CCDD, please see the Illinois EPA training slides presented in August and September 2010 during informational sessions held for CCDD stakeholders.

Fee collection
Illinois EPA has established the CCDD fee regulations at 35 Ill. Adm. Code 1150 effective December 22, 2010.  The rules replace the emergency rules that have been in effect since August 2, 2010. 

CCDD Fee Form
CCDD Monthly Tons Record

Section 22.15b of the Illinois Environmental Protection Act (P.A. 96-1416) requires the Illinois EPA to collect a fee from the owners and operators of a CCDD fill operation and requires the Illinois EPA to establish rules relating to the collection of the fees.  The Illinois EPA's Part 1150 CCDD Fee Rules set forth the procedures for the collection of  fees from the owner or operator of a CCDD fill operation, including recordkeeping requirements, submittals to the Illinois EPA, and time and manner of payment.  Questions regarding the CCDD fees should be directed to the Illinois EPA, Bureau of Land, Waste Reduction and Compliance Section, at 217-785-8604.

FAQs

CCDD Fee

QA1. When should fill operators begin collecting fees?
AA1. On the effective date of the new CCDD law, July 30, 2010. For fee questions only, operators should contact the Illinois EPA, Bureau of Land, Waste Reduction and Compliance Section at 217-785-8604.

QA2. What options do CCDD fill operators have in assessing the fee?
AA2. CCDD fill operators may measure the quantity of material received at their sites by either 1) weight, in tons, where the operator has weighed the CCDD or uncontaminated soil received with a device for which certification has been obtained under the Weights and Measures Act [225 ILCS 470], or 2) volume, in cubic yards, based on the known capacity of the hauling vehicle.

QA3. Does the CCDD fee apply to government or tax-exempt entities, such as municipalities?
AA3. Yes. The fee applies to CCDD or uncontaminated soil if 1) the CCDD fill operation is located off the site where the CCDD or uncontaminated soil was generated, and 2) the CCDD fill operation is owned, controlled, and operated by a person other than the source site owner or operator of the CCDD or uncontaminated soil. It doesn't matter whether the source site owner or operator is a tax-exempt entity.  (Revised January 18, 2011)

Soil Certifications

QB1. Under the Interim Requirements, what numeric criteria should licensed Professional Engineers rely on in making the uncontaminated soil certification for placement of soil in CCDD fill operations?
AB1. Historically, Illinois EPA has referenced the numerical standards listed in 35 Ill. Adm. Code 742, Tiered Approach to Corrective Action Objectives (TACO), comparing soil samples to the most stringent soil remediation objective of all exposure routes in the Tier 1 residential and industrial/commercial tables for the contaminants of concern (Part 742, Appendix B, Tables A, B). For further reference, see Item 3 on page 2 of the Intergovernmental Agreement entered into between Illinois EPA and Illinois Department of Transportation on Aug. 3, 2010.

QB2. Are background levels allowed in determining whether soil is uncontaminated when used as fill material in a current or former quarry, mine or other excavation?
AB2. As noted in AB1 above, Illinois EPA has historically referenced the TACO standards, which includes the use of background levels. During the interim period, the Agency intends to use this same approach.

QB3. What laboratory methods and sampling protocol should be used for soils analysis?
AB3. As specified in the new CCDD law, chemical analyses must be conducted in accordance with “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods” U.S. EPA Publication No. SW-846 as amended.

The appropriate sampling protocol will depend on the site and the suspected contaminants; this decision should be made by the licensed Professional Engineer who is responsible for certifying that the soil is uncontaminated. You may want to work with your trade organization or professional association to develop a consensus approach during the interim period.

QB4. Does each load need a certification form, or is one certification form per job site acceptable?
AB4. The source site owner or operator or professional engineer should coordinate with the receiving facility in advance to make sure all soil received is properly certified. In many cases, one certification form per job site will be sufficient. (Revised January 18, 2011).

QB5. If consolidating soil from different areas for stockpiling until ready to send a full truckload to a CCDD facility or soil only fill operation, what address should be used for the certification form? (e.g., a municipal public works department consolidating soil from multiple water line breaks.)
AB5. If using a source site certification form, the addresses where the soil originated should be listed. If using a professional engineer certification form, the address of the location of the stockpiled soil should be listed (e.g., a municipal public works yard). In both instances, the source site owner or operator or professional engineer should coordinate with the receiving facility. (Revised January 18, 2011).

QB6. Who must sign the source site certification from LPC-662?
AB6.  LPC-662 must be signed by either the source site owner or operator.  (Added January 18, 2011)

Load Checking/Rejected Loads

QC1. What are the requirements regarding the use of PIDs (photo ionization detectors) by CCDD facilities and soil only fill operations?
AC1. Current regulations concerning load checking and documentation at permitted CCDD facilities contain the following requirements specific to PIDs:

1. Recordkeeping: records are not kept at the location specified in the permit;
   
2. Load checking: the facility doesn’t perform a daily PID examination of one dumped load and document the results; and
   
3. Non-CCDD: the facility accepts non-CCDD materials, such as rebar or lumber.

For More Information
Bureau of Land Permit Section
217-524-3300