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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 5/22.45

    (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.)