HB 4157

Abstract

Amends the Environmental Protection Act. Provides that urban soil and urban clean construction or demolition debris taken to a clean construction or demolition debris fill operation is not waste. Defines "urban soil" as soil that is excavated and removed from sites within the boundaries of a municipality with a population in excess of 1 million and that has not been the subject of a release of contaminants but may nonetheless contain contaminants due to certain causes. Defines "urban clean construction or demolition debris" as specified paving materials that are excavated from a construction or demolition site within the corporate boundaries of a municipality having a population in excess of 1,000,000. Requires the owner of a site from which urban soil only is removed, prior to authorizing the transfer of that soil, to perform or cause to be performed (i) a Phase I Environmental Audit or an historical or regulatory database search, such as that set forth in the Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (ASTM E 1528-06), (ii) a Phase II Environmental Audit (under some circumstances), and (iii) testing of representative samples of the soil using specific methods. Requires the owner to certify certain information to the clean construction or demolition debris fill operator. Requires fill operations that accept urban soil to develop and implement a Receipt Control and Screening Plan that ensures the receipt of certification documents. Authorizes the Agency to propose to the Board, and the Board to adopt certain rules. Effective immediately.