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91_SB0205
LRB9102219ACtm
1 AN ACT to amend the Environmental Protection act by
2 changing Section 22.16.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Section 22.16 as follows:
7 (415 ILCS 5/22.16) (from Ch. 111 1/2, par. 1022.16)
8 Sec. 22.16. Fee exemptions. (a) The Agency shall grant
9 exemptions from the fee requirements of Section 22.15 of this
10 Act for permanent disposal or transport of solid waste
11 meeting all of the following criteria:
12 (1) permanent disposal of the solid waste is pursuant to
13 a written contract between the owner or operator of the
14 sanitary landfill and some other person, or transport of the
15 solid waste is pursuant to a written contract between the
16 transporter and some other person;
17 (2) the contract for permanent disposal or transport of
18 solid waste was lawfully executed on or before December 31,
19 1986, and by its express terms continues beyond January 1,
20 1987, or was lawfully executed during 1987 or 1988 and by its
21 express terms continues beyond January 1, 1989;
22 (3) the contract for permanent disposal or transport of
23 solid waste establishes a fixed fee or compensation, does not
24 allow the operator or transporter to pass the fee through to
25 another party, and does not allow voluntary cancellation or
26 re-negotiation of the compensation or fee during the term of
27 the contract; and
28 (4) the contract was lawfully executed on or before
29 December 31, 1986 and has not been amended at any time after
30 that date, or was lawfully executed during 1987 or 1988 and
31 has not been amended on or after January 1, 1989.
-2- LRB9102219ACtm
1 (b) Exemptions granted under this Section shall cause
2 the solid waste received by an owner or operator of a
3 sanitary landfill pursuant to a contract exempted under this
4 Section to be disregarded in calculating the volume or weight
5 of solid waste permanently disposed of during a calendar year
6 under Section 22.15 of this Act.
7 (c) Applications for exemptions under this Section may
8 be granted retroactively. Applications for retroactive or
9 prospective exemptions must be submitted with proof of
10 satisfaction of all criteria for granting the exemption, and
11 must be received by the Agency before March 1, 1989.
12 (d) It shall be the duty of an owner or operator of a
13 sanitary landfill to keep accurate records and to prove to
14 the satisfaction of the Agency the volume or weight of solid
15 waste received under an exemption during a calendar year.
16 (e) Exemptions under this Section shall expire upon the
17 expiration, renewal or amendment of the exempted contract,
18 whichever occurs first.
19 (Source: P.A. 85-1195.)