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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

ENVIRONMENTAL SAFETY
(415 ILCS 5/) Environmental Protection Act.

415 ILCS 5/22.44

    (415 ILCS 5/22.44)
    Sec. 22.44. Subtitle D management fees.
    (a) There is created within the State treasury a special fund to be known as the "Subtitle D Management Fund" constituted from the fees collected by the State under this Section.
    (b) The Agency shall assess and collect a fee in the amount set forth in this subsection from the owner or operator of each sanitary landfill permitted or required to be permitted by the Agency to dispose of solid waste if the sanitary landfill is located off the site where the waste was produced and if the sanitary landfill is owned, controlled, and operated by a person other than the generator of the waste. The Agency shall deposit all fees collected under this subsection into the Subtitle D Management Fund. If a site is contiguous to one or more landfills owned or operated by the same person, the volumes permanently disposed of by each landfill shall be combined for purposes of determining the fee under this subsection.
        (1) If more than 150,000 cubic yards of non-hazardous
    
solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall either pay a fee of 10.1 cents per cubic yard or, alternatively, the owner or operator may weigh the quantity of the solid waste permanently disposed of with a device for which certification has been obtained under the Weights and Measures Act and pay a fee of 22 cents per ton of waste permanently disposed of.
        (2) If more than 100,000 cubic yards, but not more
    
than 150,000 cubic yards, of non-hazardous waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $7,020.
        (3) If more than 50,000 cubic yards, but not more
    
than 100,000 cubic yards, of non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $3,120.
        (4) If more than 10,000 cubic yards, but not more
    
than 50,000 cubic yards, of non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $975.
        (5) If not more than 10,000 cubic yards of
    
non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $210.
    (c) The fee under subsection (b) shall not apply to any of the following:
        (1) Hazardous waste.
        (2) Pollution control waste.
        (3) Waste from recycling, reclamation, or reuse
    
processes that have been approved by the Agency as being designed to remove any contaminant from wastes so as to render the wastes reusable, provided that the process renders at least 50% of the waste reusable. However, the exemption set forth in this paragraph (3) of this subsection (c) shall not apply to general construction or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160.
        (4) Non-hazardous solid waste that is received at a
    
sanitary landfill and composted or recycled through a process permitted by the Agency.
        (5) Any landfill that is permitted by the Agency to
    
receive only demolition or construction debris or landscape waste.
    (d) The Agency shall establish rules relating to the collection of the fees authorized by this Section. These rules shall include, but not be limited to the following:
        (1) Necessary records identifying the quantities of
    
solid waste received or disposed.
        (2) The form and submission of reports to accompany
    
the payment of fees to the Agency.
        (3) The time and manner of payment of fees to the
    
Agency, which payments shall not be more often than quarterly.
        (4) Procedures setting forth criteria establishing
    
when an owner or operator may measure by weight or volume during any given quarter or other fee payment period.
    (e) Fees collected under this Section shall be in addition to any other fees collected under any other Section.
    (f) The Agency shall not refund any fee paid to it under this Section.
    (g) Pursuant to appropriation, all moneys in the Subtitle D Management Fund shall be used by the Agency to administer the United States Environmental Protection Agency's Subtitle D Program provided in Sections 4004 and 4010 of the Resource Conservation and Recovery Act of 1976 (P.L. 94-580) as it relates to a municipal solid waste landfill program in Illinois and to fund a delegation of inspecting, investigating, and enforcement functions, within the municipality only, pursuant to subsection (r) of Section 4 of this Act to a municipality having a population of more than 1,000,000 inhabitants. The Agency shall execute a delegation agreement pursuant to subsection (r) of Section 4 of this Act with a municipality having a population of more than 1,000,000 inhabitants within 90 days of September 13, 1993 and shall on an annual basis distribute from the Subtitle D Management Fund to that municipality no less than $150,000. Pursuant to appropriation, moneys in the Subtitle D Management Fund may also be used by the Agency for activities conducted under Section 22.15a of this Act.
(Source: P.A. 102-310, eff. 8-6-21.)

415 ILCS 5/22.45

    (415 ILCS 5/22.45)
    Sec. 22.45. Subtitle D management fee exemptions; pre-existing contracts.
    (a) The Agency shall grant exemptions from the fee requirements of Section 22.44 of this Act for permanent disposal or transport of solid waste meeting all of the following criteria:
        (1) Permanent disposal of the solid waste is pursuant
    
to a written contract between the owner or operator of the sanitary landfill and some other person, or transport of the solid waste is pursuant to a written contract between the transporter and some other person.
        (2) The contract for permanent disposal or transport
    
of solid waste was lawfully executed on or before September 13, 1993 and by its express terms continues beyond January 1, 1994.
        (3) The contract for permanent disposal or transport
    
of solid waste establishes a fixed fee or compensation, does not allow the operator or transporter to pass the fee through to another party, and does not allow voluntary cancellation or renegotiation of the compensation or fee during the term of the contract.
        (4) The contract was lawfully executed on or before
    
September 13, 1993 and has not been amended at any time after that date.
    (b) Exemptions granted under this Section shall cause the solid waste received by an owner or operator of a sanitary landfill pursuant to a contract exempted under this Section 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) An owner or operator of a sanitary landfill shall keep accurate records and prove, to the satisfaction of the Agency, the volume or weight of solid waste received under an exemption during a calendar year.
    (d) Exemptions under this Section shall expire upon the expiration, renewal, or amendment of the exempted contract, whichever occurs first.
    (e) For the purposes of this Section, the term "some other person" shall only include persons that are independent operating entities. For purposes of this Section, a person is not an independent operating entity if:
        (1) the person has any officers or directors that are
    
also officers or directors of the sanitary landfill or transporter;
        (2) the person is a parent corporation, subsidiary,
    
or affiliate of the owner or operator of the sanitary landfill or transporter; or
        (3) the person and the owner or operator of the
    
sanitary landfill or transporter are owned by the same entity.
(Source: P.A. 92-574, eff. 6-26-02.)

415 ILCS 5/22.46

    (415 ILCS 5/22.46)
    Sec. 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 criteria:
        (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 forms 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.)

415 ILCS 5/22.47

    (415 ILCS 5/22.47)
    Sec. 22.47. School district hazardous educational waste collection.
    (a) The Agency shall develop, implement, and fund (through appropriations for that purpose from the General Revenue Fund) a program to collect school district hazardous educational waste from school districts and schools in the State. The program shall provide for the availability for collection, transportation, and appropriate management of hazardous educational wastes for each school district or school by private contractors at least every 3 years.
    (b) A school district or school may participate in a hazardous educational waste collection program by:
        (1) Notifying the Agency of the hazardous educational
    
wastes used by the school district or school and including the following information:
            (A) Waste types.
            (B) Waste volumes.
            (C) Number of containers.
            (D) Condition of containers.
            (E) Location of containers.
        (2) Maintaining wastes in the original containers, if
    
practical.
        (3) Labeling each container if contents are known.
        (4) Following Agency instructions on waste
    
segregation, preparation, or delivery for subsequent handling.
    (c) The Agency shall accept applications from school districts or schools throughout the year. The Agency shall designate waste haulers throughout the State qualified to remove school district hazardous waste at the request of a school district or school. By March 1 and September 1 of each year the Agency shall prepare a schedule of school districts or schools that have been selected for collections over the next 6 months. The selections shall be based on the waste types and volumes, geographic distribution, order of application, and expected costs balanced by available resources. The Agency shall notify each selected school or school district of the date of collection and instruction on waste preparation.
    (d) For purposes of this Section "hazardous educational waste" means a waste product that could pose a hazard during normal storage, transportation, or disposal generated from an instructional curriculum including laboratory wastes, expired chemicals, unstable compounds, and toxic or flammable materials. "Hazardous educational waste" does not include wastes generated as a result of building, grounds, or vehicle maintenance, asbestos abatement, lead paint abatement, or other non-curriculum activities.
    (e) (Blank.)
    (f) The Agency is authorized to use funds from the Solid Waste Management Fund to implement this Section.
(Source: P.A. 92-574, eff. 6-26-02.)

415 ILCS 5/22.48

    (415 ILCS 5/22.48)
    Sec. 22.48. Non-special waste certification; effect on permit.
    (a) An industrial process waste or pollution control waste not within the exception set forth in subdivision (2) of subsection (c) of Section 3.475 of this Act must be managed as special waste unless the generator first certifies in a signed, dated, written statement that the waste is outside the scope of the categories listed in subdivision (1) of subsection (c) of Section 3.475 of this Act.
    (b) All information used to determine that the waste is not a special waste shall be attached to the certification. The information shall include but not be limited to:
        (1) the means by which the generator has determined
    
that the waste is not a hazardous waste;
        (2) the means by which the generator has determined
    
that the waste is not a liquid;
        (3) if the waste undergoes testing, the analytic
    
results obtained from testing, signed and dated by the person responsible for completing the analysis;
        (4) if the waste does not undergo testing, an
    
explanation as to why no testing is needed;
        (5) a description of the process generating the
    
waste; and
        (6) relevant Material Data Safety Sheets.
    (c) Certification made pursuant to this Section shall be effective from the date signed until there is a change in the generator, in the raw materials used, or in the process generating the waste.
    (d) Certification made pursuant to this Section, with the requisite attachments, shall be maintained by the certifying generator while effective and for at least 3 years following a change in the generator, a change in the raw materials used, or a change in or termination of the process generating the waste. The generator shall provide a copy of the certification, upon request by the Agency, the waste hauler, or the operator of the facility receiving the waste for storage, treatment, or disposal, to the party requesting the copy. If the Agency believes that the waste that is the subject of the certification has been inaccurately certified to, the Agency may require the generator to analytically test the waste for the constituent believed to be present and provide the Agency with a copy of the analytic results.
    (e) A person who knowingly and falsely certifies that a waste is not special waste is subject to the penalties set forth in subdivision (6) of subsection (h) of Section 44 of this Act.
    (f) To the extent that a term or condition of an existing permit requires the permittee to manage as special waste a material that is made a non-special waste under Public Act 90-502, that term or condition is hereby superseded, and the permittee may manage that material as a non-special waste, even if the material is identified in the permit as part of a particular waste stream rather than identified specifically as a special waste.
(Source: P.A. 92-574, eff. 6-26-02.)

415 ILCS 5/22.49

    (415 ILCS 5/22.49)
    Sec. 22.49. Animal cremation. Unless subject to the requirements of Title XV of this Act as potentially infectious medical waste, a deceased companion animal, as defined in the Companion Animal Cremation Act, that is delivered to a provider of companion animal cremation services subject to the Companion Animal Cremation Act is not waste for the purposes of this Act. Providing companion animal cremation services at a location does not make that location a waste management facility for the purposes of this Act.
    For the purposes of this Section, "companion animal" does not include livestock.
(Source: P.A. 93-121, eff. 1-1-04.)

415 ILCS 5/22.50

    (415 ILCS 5/22.50)
    Sec. 22.50. Compliance with land use limitations. No person shall use, or cause or allow the use of, any site for which a land use limitation has been imposed under this Act in a manner inconsistent with the land use limitation unless further investigation or remedial action has been conducted that documents the attainment of remedial objectives appropriate for the new land use and a new closure letter has been obtained from the Agency and recorded in the chain of title for the site. For the purpose of this Section, the term "land use limitation" shall include, but shall not be limited to, institutional controls and engineered barriers imposed under this Act and the regulations adopted under this Act. For the purposes of this Section, the term "closure letter" shall include, but shall not be limited to, No Further Remediation Letters issued under Titles XVI and XVII of this Act and the regulations adopted under those Titles.
(Source: P.A. 94-272, eff. 7-19-05; 94-314, eff. 7-25-05; 95-331, eff. 8-21-07.)