(415 ILCS 5/22.46)
Subtitle D management fee exemptions; types of waste.
(a) In accordance with the findings and purpose of the Illinois Solid Waste
Management Act, the Agency shall grant exemptions from the fee requirements of
Section 22.44 of this Act for solid waste meeting all of the following
(1) The waste is nonputrescible and homogeneous and
does not contain free liquids.
(2) Combustion of the waste would not provide
practical energy recovery or practical reduction in volume.
(3) The applicant for exemption demonstrates that it
is not technologically and economically reasonable to recycle or reuse the waste.
(b) Exemptions granted under this Section shall cause the solid waste
exempted under subsection (a) that is permanently disposed of by an owner or
operator of a sanitary landfill to be disregarded in calculating the volume or
weight of solid waste permanently disposed of during a calendar year under
Section 22.44 of this Act.
(c) Applications for exemptions under this Section must be submitted on
provided by the Agency for that purpose, together with proof of satisfaction of
all criteria for granting the exemption.
(d) If the Agency denies a request made under subsection (a), the
applicant may seek review before the Board under Section 40 as if the
Agency had denied an application for a permit. If the Agency fails to act
within 90 days after receipt of an application, the request shall be deemed
granted until such time as the Agency has taken final action.
(e) An owner or operator of a sanitary landfill shall keep accurate records
and to prove to the satisfaction of the Agency the volume or weight of solid
waste received under an exemption during a calendar year.
(Source: P.A. 88-496.)