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 SAFETY415 ILCS 5/22.46
(415 ILCS 5/) Environmental Protection Act.
(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.)
415 ILCS 5/22.47
(415 ILCS 5/22.47)
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
(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.
(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)
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
(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
(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
(Source: P.A. 92-574, eff. 6-26-02.)