State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]

91_SB0427

 
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 1        AN ACT to  amend  the  Environmental  Protection  Act  by
 2    changing Section 22.15.

 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 22.15 as follows:

 7        (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
 8        Sec. 22.15.  Solid Waste Management Fund; fees.
 9        (a)  There  is hereby created within the State Treasury a
10    special fund to be known as the "Solid Waste Management Fund"
11    constituted from the fees collected by the State pursuant  to
12    this  Section and from repayments of loans made from the Fund
13    for solid waste projects. Moneys received by  the  Department
14    of  Commerce and Community Affairs in repayment of loans made
15    pursuant to the Illinois Solid Waste Management Act shall  be
16    deposited  into  the  Solid  Waste  Management Revolving Loan
17    Fund.
18        (b)  On and after  January  1,  1987,  the  Agency  shall
19    assess  and collect a fee in the amount set forth herein from
20    the owner or operator of each sanitary landfill permitted  or
21    required  to  be  permitted by the Agency to dispose of solid
22    waste if the sanitary landfill is located off the site where
23    the such waste was produced and if the such sanitary landfill
24    is owned, controlled, and operated by a person other than the
25    generator of the such waste.  The Agency  shall  deposit  all
26    fees  collected  into  the  Solid Waste Management Fund. If a
27    site is contiguous to one or more landfills owned or operated
28    by the same person, the volumes permanently  disposed  of  by
29    each  landfill  shall be combined for purposes of determining
30    the fee under this subsection.
31             (1)  If   more   than   150,000   cubic   yards   of
 
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 1        non-hazardous solid waste is permanently disposed of at a
 2        site in a calendar year,  the  owner  or  operator  shall
 3        either  pay  a  fee  of  45 cents per cubic yard (60¢ per
 4        cubic yard from January  1,  1989  through  December  31,
 5        1993),  or  alternatively the owner or operator may weigh
 6        the quantity of the solid waste permanently  disposed  of
 7        with  a  device for which certification has been obtained
 8        under the Weights and Measures Act and pay a  fee  of  95
 9        cents per ton ($1.27 per ton from January 1, 1989 through
10        December  31,  1993)  of solid waste permanently disposed
11        of. An owner or operator that is subject to any fee, tax,
12        or surcharge imposed under the  authority  of  subsection
13        (j)  of  this Section on September 26, 1991, with respect
14        to fees due to the  Agency  under  this  paragraph  after
15        December  31,  1991  and  before  January  1, 1994, shall
16        deduct from the amount paid to the Agency the  amount  by
17        which  the fee paid under subsection (j) exceeds 45 cents
18        per cubic yard or 95 cents per ton. In no case shall  the
19        fee collected or paid by the owner or operator under this
20        paragraph exceed $1.05 per cubic yard or $2.22 per ton.
21             (2)  If  more than 100,000 cubic yards, but not more
22        than  150,000  cubic  yards  of  non-hazardous  waste  is
23        permanently disposed of at a site in a calendar year, the
24        owner or operator shall pay a fee of $25,000 ($33,350  in
25        1989, 1990 and 1991).
26             (3)  If  more  than 50,000 cubic yards, but not more
27        than 100,000 cubic yards of non-hazardous solid waste  is
28        permanently disposed of at a site in a calendar year, the
29        owner  or operator shall pay a fee of $11,300 ($15,500 in
30        1989, 1990 and 1991).
31             (4)  If more than 10,000 cubic yards, but  not  more
32        than  50,000  cubic yards of non-hazardous solid waste is
33        permanently disposed of at a site in a calendar year, the
34        owner or operator shall pay a fee of  $3,450  ($4,650  in
 
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 1        1989, 1990 and 1991).
 2             (5)  If   not   more  than  10,000  cubic  yards  of
 3        non-hazardous solid waste is permanently disposed of at a
 4        site in a calendar year, the owner or operator shall  pay
 5        a fee of $500 ($650 in 1989, 1990 and 1991).
 6        (c)  From  January 1, 1987 through December 31, 1988, the
 7    fee set forth in this Section shall not apply to:
 8             (1)  Solid waste which is hazardous waste;
 9             (2)  Any landfill which is permitted by  the  Agency
10        to  receive  only  demolition  or  construction debris or
11        landscape waste; or
12             (3)  The following wastes:
13                  (A)  Foundry sand;
14                  (B)  Coal  combustion   by-product,   including
15             scrubber  waste and fluidized bed boiler waste which
16             does not contain metal cleaning waste;
17                  (C)  Slag from  the  manufacture  of  iron  and
18             steel;
19                  (D)  Pollution Control Waste;
20                  (E)  Wastes   from  recycling,  reclamation  or
21             reuse processes designed to remove  any  contaminant
22             from  wastes  so  as to render such wastes reusable,
23             provided that the process renders at  least  50%  of
24             the waste reusable;
25                  (F)  Non-hazardous solid waste that is received
26             at  a  sanitary  landfill  after January 1, 1987 and
27             recycled through a process permitted by the Agency.
28        (d)  The Agency shall establish  rules  relating  to  the
29    collection  of  the  fees  authorized  by this Section.  Such
30    rules shall include, but not be limited to:
31             (1)  necessary records identifying the quantities of
32        solid waste received or disposed;
33             (2)  the form and submission of reports to accompany
34        the payment of fees to the Agency;
 
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 1             (3)  the time and manner of payment of fees  to  the
 2        Agency,  which  payments  shall  not  be  more often than
 3        quarterly; and
 4             (4)  procedures setting forth criteria  establishing
 5        when an owner or operator may measure by weight or volume
 6        during any given quarter or other fee payment period.
 7        (e)  Pursuant  to  appropriation, all monies in the Solid
 8    Waste Management Fund shall be used by  the  Agency  and  the
 9    Department of Commerce and Community Affairs for the purposes
10    set  forth  in  this  Section and in the Illinois Solid Waste
11    Management Act, including for the costs of fee collection and
12    administration, and through June 30, 1989, by the  University
13    of  Illinois  for research consistent with the Illinois Solid
14    Waste Management Act.
15        (f)  The  Agency  is  authorized  to  enter   into   such
16    agreements  and  to promulgate such rules as are necessary to
17    carry out its duties under  this  Section  and  the  Illinois
18    Solid Waste Management Act.
19        (g)  On  the  first  day  of  January,  April,  July, and
20    October of each year, beginning on July 1,  1996,  the  State
21    Comptroller  and  Treasurer  shall transfer $500,000 from the
22    Solid Waste Management Fund  to  the  Hazardous  Waste  Fund.
23    Moneys  transferred  under  this subsection (g) shall be used
24    only for the purposes set forth in item (1) of subsection (d)
25    of Section 22.2.
26        (h)  The  Agency  is  authorized  to  provide   financial
27    assistance  to  units of local government for the performance
28    of  inspecting,  investigating  and  enforcement   activities
29    pursuant to Section 4(r) at nonhazardous solid waste disposal
30    sites.
31        (i)  The  Agency  is authorized to support the operations
32    of an industrial materials exchange service, and  to  conduct
33    household waste collection and disposal programs.
34        (j)  A  unit of local government, as defined in the Local
 
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 1    Solid Waste Disposal Act, in which  a  solid  waste  disposal
 2    facility  is  located  may establish a fee, tax, or surcharge
 3    with regard to the permanent disposal  of  solid  waste.  All
 4    fees,  taxes,  and surcharges collected under this subsection
 5    shall  be  utilized  for  solid  waste  management  purposes,
 6    including long-term monitoring and maintenance of  landfills,
 7    planning,  implementation,  inspection, enforcement and other
 8    activities consistent with the Solid Waste Management Act and
 9    the  Local  Solid  Waste  Disposal  Act,  or  for  any  other
10    environment-related purpose, including but not limited to  an
11    environment-related  public  works  project,  but not for the
12    construction of a new pollution control facility other than a
13    household hazardous waste facility. However, the  total  fee,
14    tax  or  surcharge  imposed  by all units of local government
15    under this subsection  (j)  upon  the  solid  waste  disposal
16    facility shall not exceed:
17             (1)  45¢   per   cubic  yard  (60¢  per  cubic  yard
18        beginning January 1, 1992) if  more  than  150,000  cubic
19        yards   of   non-hazardous  solid  waste  is  permanently
20        disposed of at the site in a calendar  year,  unless  the
21        owner  or operator weighs the quantity of the solid waste
22        received with a device for which certification  has  been
23        obtained  under  the  Weights  and Measures Act, in which
24        case the fee shall not exceed 95¢ per ton ($1.27 per  ton
25        beginning  January  1,  1992)  of solid waste permanently
26        disposed of.
27             (2)  $25,000 ($33,350 beginning  in  1992)  if  more
28        than 100,000 cubic yards, but not more than 150,000 cubic
29        yards,  of non-hazardous waste is permanently disposed of
30        at the site in a calendar year.
31             (3)  $11,300 ($15,500 beginning  in  1992)  if  more
32        than  50,000 cubic yards, but not more than 100,000 cubic
33        yards,  of  non-hazardous  solid  waste  is   permanently
34        disposed of at the site in a calendar year.
 
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 1             (4)  $3,450  ($4,650 beginning in 1992) if more than
 2        10,000 cubic yards, but not more than 50,000 cubic yards,
 3        of non-hazardous solid waste is permanently  disposed  of
 4        at the site in a calendar year.
 5             (5)  $500  ($650 beginning in 1992) if not more than
 6        10,000  cubic  yards  of  non-hazardous  solid  waste  is
 7        permanently disposed of at the site in a calendar year.
 8        The corporate authorities of the unit of local government
 9    may use proceeds from the fee, tax, or surcharge to reimburse
10    a highway commissioner whose road  district  lies  wholly  or
11    partially  within  the  corporate limits of the unit of local
12    government  for  expenses  incurred   in   the   removal   of
13    nonhazardous,  nonfluid  municipal waste that has been dumped
14    on public property in violation  of  a  State  law  or  local
15    ordinance.
16        A  county or Municipal Joint Action Agency that imposes a
17    fee, tax, or surcharge under  this  subsection  may  use  the
18    proceeds thereof to reimburse a municipality that lies wholly
19    or  partially  within its boundaries for expenses incurred in
20    the removal of nonhazardous, nonfluid  municipal  waste  that
21    has  been  dumped  on public property in violation of a State
22    law or local ordinance.
23        If the fees are to be used to conduct  a  local  sanitary
24    landfill inspection or enforcement program, the unit of local
25    government  must  enter  into  a written delegation agreement
26    with the Agency pursuant to subsection (r) of Section 4.  The
27    unit of local government and the Agency shall enter into such
28    a written delegation  agreement  within  60  days  after  the
29    establishment  of  such fees or August 23, 1988, whichever is
30    later.  For the year commencing January 1, 1989, and at least
31    annually thereafter, the Agency shall conduct an audit of the
32    expenditures made by units of local government from the funds
33    granted by the Agency to the units of  local  government  for
34    purposes   of   local   sanitary   landfill   inspection  and
 
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 1    enforcement programs, to ensure  that  the  funds  have  been
 2    expended for the prescribed purposes under the grant.
 3        The  fees,  taxes  or  surcharges  collected  under  this
 4    subsection   (j)  shall  be  placed  by  the  unit  of  local
 5    government in a separate fund, and the interest  received  on
 6    the  moneys  in  the  fund shall be credited to the fund. The
 7    monies in the fund may be accumulated over a period of  years
 8    to be expended in accordance with this subsection.
 9        A unit of local government, as defined in the Local Solid
10    Waste  Disposal  Act,  shall  prepare  and  distribute to the
11    Agency, in April of each year, a report that details spending
12    plans  for  monies  collected   in   accordance   with   this
13    subsection.   The  report  will  at  a  minimum  include  the
14    following:
15             (1)  The  total  monies  collected  pursuant to this
16        subsection.
17             (2)  The most current balance  of  monies  collected
18        pursuant to this subsection.
19             (3)  An  itemized  accounting of all monies expended
20        for the previous year pursuant to this subsection.
21             (4)  An estimation of monies to be collected for the
22        following 3 years pursuant to this subsection.
23             (5)  A narrative detailing the general direction and
24        scope of future expenditures for one, 2 and 3 years.
25        The exemptions granted under Sections 22.16  and  22.16a,
26    and  under  subsections (c) and (k) of this Section, shall be
27    applicable to any fee, tax or surcharge  imposed  under  this
28    subsection  (j);  except  that  the  fee,  tax  or  surcharge
29    authorized  to  be  imposed  under this subsection (j) may be
30    made  applicable  by  a  unit  of  local  government  to  the
31    permanent disposal of solid waste after  December  31,  1986,
32    under  any  contract  lawfully  executed  before June 1, 1986
33    under which more than 150,000 cubic yards (or 50,000 tons) of
34    solid waste is to be permanently disposed of, even though the
 
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 1    waste is exempt from the  fee  imposed  by  the  State  under
 2    subsection  (b)  of  this  Section  pursuant  to an exemption
 3    granted under Section 22.16.
 4        (k)  In accordance with the findings and purposes of  the
 5    Illinois  Solid  Waste  Management  Act, beginning January 1,
 6    1989 the fee  under  subsection  (b)  and  the  fee,  tax  or
 7    surcharge under subsection (j) shall not apply to:
 8             (1)  Waste which is hazardous waste; or
 9             (2)  Waste which is pollution control waste; or
10             (3)  Waste  from  recycling,  reclamation  or  reuse
11        processes which have been approved by the Agency as being
12        designed  to  remove any contaminant from wastes so as to
13        render such wastes reusable, provided  that  the  process
14        renders at least 50% of the waste reusable; or
15             (4)  Non-hazardous solid waste that is received at a
16        sanitary  landfill  and  composted  or recycled through a
17        process permitted by the Agency; or
18             (5)  Any landfill which is permitted by  the  Agency
19        to  receive  only  demolition  or  construction debris or
20        landscape waste.
21    (Source: P.A.  89-93,  eff.  7-6-95;  89-443,  eff.   7-1-96;
22    89-445,   eff.  2-7-96;  90-14,  eff.  7-1-97;  90-475,  eff.
23    8-17-97.)

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