State of Illinois
91st General Assembly
Legislation

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91_SB0950

 
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 1        AN  ACT  to  amend the Solid Waste Planning and Recycling
 2    Act by changing Sections 3 and 6 and adding Section 5.5.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5. The Solid Waste Planning and Recycling Act is
 6    amended by changing Sections 3 and 6 and adding  Section  5.5
 7    as follows:

 8        (415 ILCS 15/3) (from Ch. 85, par. 5953)
 9        Sec.  3.  Definitions.  As  used  in this Act, unless the
10    context clearly indicates otherwise:
11        "Agency"  means  the  Illinois  Environmental  Protection
12    Agency.
13        "Composting"  means  the  biological  process  by   which
14    microorganisms  decompose  the  organic  fraction  of  waste,
15    producing  a  humus-like  material that may be used as a soil
16    conditioner.
17        "County" means any county of the State and  includes  the
18    City of Chicago.
19        "Department"   means   the  Department  of  Commerce  and
20    Community Affairs.
21        "Municipal  waste"  means:  discarded  garbage;   general
22    household   waste;  institutional  waste;  commercial  waste;
23    industrial  lunchroom   or   office   waste;   uncontaminated
24    packaging  waste; discarded landscape waste; construction and
25    demolition waste from buildings and roads that is  not  clean
26    construction  and  demolition  debris; abandoned or discarded
27    household or commercial appliances and appliance  components;
28    waste parts from motor vehicles normally removed as a part of
29    regular  maintenance,  which  include  but are not limited to
30    tires and batteries; and  wastes  collected  at  a  household
31    hazardous  waste collection facility or other waste component
 
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 1    collection facility for the purpose of recycling or disposing
 2    of the collected waste components.  "Municipal  waste"  shall
 3    not  include: special waste; earth materials moved or removed
 4    during demolition  or  construction;  clean  construction  or
 5    demolition  debris;  abandoned or scrap motor vehicles; scrap
 6    metal,  plastics,  or   other   materials   from   industrial
 7    operations,  which  include but are not limited to machining,
 8    lathe  work,  or  tool  and   die   operations;   commercial,
 9    institutional,  or industrial machinery or equipment; surplus
10    or donated, usable or reusable, clothing or commodities given
11    to  any  private,  public,  not-for-profit,   or   charitable
12    organizations;  or  surplus  or  donated food contributed for
13    human consumption garbage, general  household,  institutional
14    and  commercial  waste, industrial lunchroom or office waste,
15    landscape waste, and construction and demolition debris.
16        "Person" means any individual,  partnership,  cooperative
17    enterprise,    unit   of   local   government,   institution,
18    corporation or agency, or any other legal  entity  whatsoever
19    which  is  recognized  by  law  as  the subject of rights and
20    duties.
21        "Recycling,  reclamation  or  reuse"  means   a   method,
22    technique  or process designed to remove any contaminant from
23    waste so as to render the waste reusable, or any  process  by
24    which  materials  that  would  otherwise  be  disposed  of or
25    discarded are collected, separated or processed and  returned
26    to  the  economic  mainstream in the form of raw materials or
27    products.
28        "Recycling center" means a  facility  that  accepts  only
29    segregated,     nonhazardous,     nonspecial,    homogeneous,
30    nonputrescible materials, such as dry paper, glass,  cans  or
31    plastics,  for  subsequent  use  in  the  secondary materials
32    market.
33    (Source: P.A. 89-445, eff. 2-7-96.)
 
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 1        (415 ILCS 15/5.5 new)
 2        Sec. 5.5. Measurement and Reporting Standards Task Force.
 3        (a)  There is established  a  Measurement  and  Reporting
 4    Standards Task Force. The Task Force shall be composed of the
 5    Director of the Agency and the Director of the Department, or
 6    their  designees,  and  10  public  members  appointed by the
 7    Governor,  including  2  persons  representing  environmental
 8    interests, 2 persons representing industrial  and  commercial
 9    interests,  one  person  representing  the Illinois Recycling
10    Association, one person representing county  government,  one
11    person   representing   municipal   government,   one  person
12    representing private waste haulers, one  person  representing
13    private    recyclers,    and    one    person    representing
14    intergovernmental  cooperatives.  From  among these members a
15    chairperson shall be selected  by  majority  vote  and  shall
16    preside  for  the duration of the Task Force. The duration of
17    the Task Force shall not exceed one year, and the Task  Force
18    shall  report its findings and recommendations to the General
19    Assembly by September 30, 2000. The Task Force shall:
20             (1)  Assess     potential      governmental      and
21        nongovernmental  impediments  to  the  standardization of
22        measurement and reporting  guidelines  for  solid  waste,
23        including   but   limited   to   existing   environmental
24        regulations.
25             (2)  Consider  recommendations for the creation of a
26        reporting format to be utilized by counties in  reporting
27        to the Agency.
28             (3)  Review,   evaluate,  and  make  recommendations
29        regarding definitions with relation to the measurement of
30        recycling rates.
31             (4)  Define reporting requirements and determine who
32        is required to report to county agencies.
33        (b)  Members of the Task Force shall  be  reimbursed  for
34    ordinary  and  necessary expenses incurred in the performance
 
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 1    of their duties, except that reimbursement shall  be  limited
 2    to  expenses  associated  with  no  more  than 8 meetings per
 3    calendar year.

 4        (415 ILCS 15/6) (from Ch. 85, par. 5956)
 5        Sec. 6. Recycling programs. Each county waste  management
 6    plan  adopted  under  Section  4  shall  include  a recycling
 7    program.  Such recycling program:
 8        (1)  Shall  be  implemented  throughout  the  county  and
 9    include a time schedule for implementation of the program.
10        (2)  Shall provide for the  designation  of  a  recycling
11    coordinator to administer the program.
12        (3)  Shall  be  designed  to  recycle,  by the end of the
13    third and fifth years of the program,  respectively  15%  and
14    25%  of  the municipal waste generated in the county, subject
15    to  the  existence  of  a  viable  market  for  the  recycled
16    material,  based  on  measurements  of  recycling  and  waste
17    generated in terms  of  weight.   The  determination  of  the
18    municipal  waste  generation  rate  and  the  municipal waste
19    recycling rate shall not include only  materials  within  the
20    definition  of  municipal  waste:  discarded  motor vehicles,
21    wastes used for clean fill or erosion control or  commercial,
22    institutional  or  industrial  machinery  or  equipment.  The
23    determination  of  the quantities of materials recycled shall
24    include but not  be  limited  to:  municipal  waste  that  is
25    separated,  collected,  and  processed  and  returned  to the
26    economic mainstream in the form of raw materials or products;
27    landscape  or  other  municipal  waste  that  is   separated,
28    collected,  and  composted at permitted facilities; landscape
29    or other  municipal  waste  that  is  collected  and  applied
30    directly  to  agricultural  land at agronomic rates as a soil
31    conditioner,  fertilizer,  or  mulch;  landscape   or   other
32    municipal  waste  used  to  enhance fish or wildlife habitat;
33    construction  or  demolition   debris   used   for   building
 
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 1    construction   purposes  or  as  road  bed  or  road  surface
 2    materials; waste separated and processed for  use  as  animal
 3    feed;  wastes  such as cooking grease that are processed at a
 4    rendering facility for return to the economic mainstream, and
 5    metals recovered from processing  municipal  waste  including
 6    major  appliances.   The  determination  of the quantities of
 7    materials recycled shall not include: waste  incinerated  for
 8    energy  recovery or volume reduction; waste used to produce a
 9    refuse derived fuel; wastes used for clean  fill  or  erosion
10    control; or waste separated for use as landfill cover.
11        (3-5)  Shall  not  require  landfills, transfer stations,
12    recycling centers, or  transporters  of  municipal  waste  to
13    report  to the county quantities of municipal waste according
14    to categories set  forth  in  the  definition  of  "municipal
15    waste".
16        (4)  May  provide  for  the construction and operation of
17    one or more recycling centers by a unit of local  government,
18    or  for contracting with other public or private entities for
19    the operation of recycling centers.
20        (5)  May require residents  of  the  county  to  separate
21    recyclable  materials  at  the  time  of  disposal  or  trash
22    pick-up.
23        (6)  May   make  special  provision  for  commercial  and
24    institutional  establishments  that   implement   their   own
25    specialized    recycling   programs,   provided   that   such
26    establishments annually provide written documentation to  the
27    county of the total number of tons of material recycled.
28        (7)  Shall provide for separate collection and composting
29    of leaves.
30        (8)  Shall  include  public  education  and  notification
31    programs  to foster understanding of and encourage compliance
32    with the recycling program.
33        (9)  Shall include provisions for  compliance,  including
34    incentives and penalties.
 
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 1        (10)  Shall  include  provisions  for  (i)  recycling the
 2    collected materials, (ii) identifying potential  markets  for
 3    at  least 3 recyclable materials, and (iii) promoting the use
 4    of products made from recovered or recycled  materials  among
 5    businesses, newspapers and local governments in the county.
 6        (11)  May  provide for the payment of recycling diversion
 7    credits to public and private parties  engaged  in  recycling
 8    activities.
 9    (Source: P.A. 86-777; 87-650.)

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