SR0163 98TH GENERAL ASSEMBLY

SR0163 LRB098 11400 JDS 43235 r

SENATE RESOLUTION

WHEREAS, The Illinois Environmental Protection Agency maintains jurisdiction over and has the authority to issue Beneficial Use Determinations for asphalt roofing shingles in the State of Illinois; and

WHEREAS, Senate Bill 1925 of this 98th General Assembly will require the Illinois Environmental Protection Agency to conduct an evaluation of an applicant's prior experience in asphalt shingle recycling operations prior to issuing a Beneficial Use Determination for asphalt shingles; and

WHEREAS, In 2011, the Illinois Senate passed HB1326, now Public Act 97-0314, which authorized the Illinois Department of Transportation ("Department") to use recycled asphalt shingles in its hot mix asphalt projects; and

WHEREAS, The Department has developed an approval process for the acceptance of recycled asphalt shingles into hot mix asphalt projects; and

WHEREAS, The Department uses recycled asphalt shingles in its hot mix asphalt projects; and

WHEREAS, The Senate believes that for new applications and renewals of recyclers it is necessary for the Department to develop a protocol to ensure that only responsible recyclers operating under appropriate permits and Beneficial Use Determinations issued by the Illinois Environmental Protection Agency are providing materials to the Department for its use; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Department not to approve the production of hot mixes from recycled asphalt shingles, and not to use recycled asphalt shingles from a recycler in its projects, until the Department has received from the Illinois Environmental Protection Agency a copy of the information the Agency collects from the recycler in order to conduct the prior experience evaluation required under Senate Bill 1925, if that bill is enacted into law; and be it further

RESOLVED, That we urge the Department to obtain verification from the recycler as to the accuracy and sufficiency of the information in the Beneficial Use Determination; and be it further

RESOLVED, That we urge the Department to review all verified information from the Illinois Environmental Protection Agency and the recycler in order to make a determination regarding the propriety of the recycler's production of material for use in hot mix asphalt projects; and we further urge the Department not to approve any recycler that has a pending or unresolved environmental compliance action in this State or any other against it or any of its principals; and be it further

RESOLVED, That we urge the Department, on an annual basis, to obtain verification, for each hot mix asphalt plant that used recycled asphalt shingles on Department projects during the previous calendar year, of the number of tons of recycled asphalt shingles used in Department contracts (by contract) and that the usage was in accordance with subsection (b) of Section 4-221 of the Illinois Highway Code; and we further urge the Department not to approve a hot mix asphalt plant for production in any calendar year prior to receiving that verification.