101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3441

 

Introduced 2/14/2020, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/22.8  from Ch. 111 1/2, par. 1022.8

    Amends the Environmental Protection Act. Requires the Environmental Protection Agency, beginning January 1, 2021, to collect from owners or operators of hazardous waste management facilities a fee in the amount of $500 for a small quantity hazardous waste generator required to apply for a USEPA identification number or submit a renotification of activities falling under Subtitle C of the federal Resource Conservation and Recovery Act, due at the time the application or renotification is required to be submitted. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 22.8 as follows:
 
6    (415 ILCS 5/22.8)  (from Ch. 111 1/2, par. 1022.8)
7    Sec. 22.8. Environmental Protection Permit and Inspection
8Fund.
9    (a) There is hereby created in the State Treasury a special
10fund to be known as the Environmental Protection Permit and
11Inspection Fund. All fees collected by the Agency pursuant to
12this Section, Section 9.6, 12.2, 16.1, 56.4, 56.5, 56.6, and
13subsection (f) of Section 5 of this Act, or pursuant to Section
1422 of the Public Water Supply Operations Act or Section 1011 of
15the Solid Waste Site Operator Certification Law, as well as
16funds collected under subsection (b.5) of Section 42 of this
17Act, shall be deposited into the Fund. In addition to any
18monies appropriated from the General Revenue Fund, monies in
19the Fund shall be appropriated by the General Assembly to the
20Agency in amounts deemed necessary for manifest, permit, and
21inspection activities and for performing its functions,
22powers, and duties under the Solid Waste Site Operator
23Certification Law.

 

 

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1    The General Assembly may appropriate monies in the Fund
2deemed necessary for Board regulatory and adjudicatory
3proceedings.
4    (a-5) As soon as practicable after the effective date of
5this amendatory Act of the 98th General Assembly, but no later
6than January 1, 2014, the State Comptroller shall direct and
7the State Treasurer shall transfer all monies in the Industrial
8Hygiene Regulatory and Enforcement Fund to the Environmental
9Protection Permit and Inspection Fund to be used in accordance
10with the terms of the Environmental Protection Permit and
11Inspection Fund.
12    (a-6) As soon as practicable after the effective date of
13this amendatory Act of the 98th General Assembly, but no later
14than December 31, 2014, the State Comptroller shall order the
15transfer of, and the State Treasurer shall transfer, all moneys
16in the Hazardous Waste Occupational Licensing Fund into the
17Environmental Protection Permit and Inspection Fund to be used
18in accordance with the terms of the Environmental Protection
19Permit and Inspection Fund.
20    (b) The Agency shall collect from the owner or operator of
21any of the following types of hazardous waste disposal sites or
22management facilities which require a RCRA permit under
23subsection (f) of Section 21 of this Act, or a UIC permit under
24subsection (g) of Section 12 of this Act, an annual fee in the
25amount of:
26        (1) $35,000 ($70,000 beginning in 2004) for a hazardous

 

 

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1    waste disposal site receiving hazardous waste if the
2    hazardous waste disposal site is located off the site where
3    such waste was produced;
4        (2) $9,000 ($18,000 beginning in 2004) for a hazardous
5    waste disposal site receiving hazardous waste if the
6    hazardous waste disposal site is located on the site where
7    such waste was produced;
8        (3) $7,000 ($14,000 beginning in 2004) for a hazardous
9    waste disposal site receiving hazardous waste if the
10    hazardous waste disposal site is an underground injection
11    well;
12        (4) $2,000 ($4,000 beginning in 2004) for a hazardous
13    waste management facility treating hazardous waste by
14    incineration;
15        (5) $1,000 ($2,000 beginning in 2004) for a hazardous
16    waste management facility treating hazardous waste by a
17    method, technique or process other than incineration;
18        (6) $1,000 ($2,000 beginning in 2004) for a hazardous
19    waste management facility storing hazardous waste in a
20    surface impoundment or pile; and
21        (7) $250 ($500 beginning in 2004) for a hazardous waste
22    management facility storing hazardous waste other than in a
23    surface impoundment or pile. ; and
24        (8) (Blank). Beginning in 2004, $500 for a large
25    quantity hazardous waste generator required to submit an
26    annual or biennial report for hazardous waste generation.

 

 

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1    (b-1) The Agency shall collect from the owner or operator
2of any of the following types of hazardous waste management
3facilities a fee in the amount of:
4        (1) $500 annually for a large quantity hazardous waste
5    generator required to submit an annual or biennial report
6    for hazardous waste generation; and
7        (2) beginning January 1, 2021, $500 for a small
8    quantity hazardous waste generator required to apply for a
9    USEPA identification number or submit a renotification of
10    activities falling under Subtitle C of the federal Resource
11    Conservation and Recovery Act, due at the time the
12    application or renotification is required to be submitted.
13    (c) Where two or more operational units are located within
14a single hazardous waste disposal site, the Agency shall
15collect from the owner or operator of such site an annual fee
16equal to the highest fee imposed by subsection (b) of this
17Section upon any single operational unit within the site.
18    (d) The fee imposed upon a hazardous waste disposal site
19under this Section shall be the exclusive permit and inspection
20fee applicable to hazardous waste disposal at such site,
21provided that nothing in this Section shall be construed to
22diminish or otherwise affect any fee imposed upon the owner or
23operator of a hazardous waste disposal site by Section 22.2.
24    (e) The Agency shall establish procedures, no later than
25December 1, 1984, relating to the collection of the hazardous
26waste disposal site fees authorized by this Section. Such

 

 

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1procedures shall include, but not be limited to the time and
2manner of payment of fees to the Agency, which shall be
3quarterly, payable at the beginning of each quarter for
4hazardous waste disposal site fees. Annual fees required under
5paragraph (7) of subsection (b) of this Section shall accompany
6the annual report required by Board regulations for the
7calendar year for which the report applies.
8    (f) For purposes of this Section, a hazardous waste
9disposal site consists of one or more of the following
10operational units:
11        (1) a landfill receiving hazardous waste for disposal;
12        (2) a waste pile or surface impoundment, receiving
13    hazardous waste, in which residues which exhibit any of the
14    characteristics of hazardous waste pursuant to Board
15    regulations are reasonably expected to remain after
16    closure;
17        (3) a land treatment facility receiving hazardous
18    waste; or
19        (4) a well injecting hazardous waste.
20    (g) The Agency shall assess a fee for each manifest
21provided by the Agency. For manifests provided on or after
22January 1, 1989 but before July 1, 2003, the fee shall be $1
23per manifest. For manifests provided on or after July 1, 2003,
24the fee shall be $3 per manifest.
25(Source: P.A. 98-78, eff. 7-15-13; 98-692, eff. 7-1-14; 98-822,
26eff. 8-1-14.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.