A new law passed by the Illinois legislature requires that all spoils used for fill and obtained from demolition and construction excavation be tested regardless of having previously being deemed uncontaminated.
The law, Public Act 096-1416, makes significant changes to the regulation of Clean Construction or Demolition Debris (CCDD) went into effect on July 30th .
The mandate requires that owners or operators of uncontaminated spoils and soil fill operations:
• 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;
• 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 that the soil is uncontaminated.
• confirm that all uncontaminated soil accepted was not removed as part of a cleanup or removal of contaminants;
• 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); and,
• document all these activities and maintain the documentation for at least 3 years after the load was received.
The law also assesses a tipping fee of twenty cents per ton or fourteen cents per cubic yard of spoils to cover the costs of administration of the new requirement.
Information about the new regulation can be found at the Illinois EPA website.