103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0066

 

Introduced 1/20/2023, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
New Act
415 ILCS 5/22.15
415 ILCS 15/10 rep.

    Creates the Truth in Recycling Act. Provides that a person who represents in advertising or on the label or container of a consumer good manufactured or distributed by the person that the consumer good is not harmful to or is beneficial to the natural environment through the use of specified environmental terms, through the use of a chasing arrows symbol, or by otherwise directing a consumer to recycle the consumer good shall maintain in written form in the person's records specified information and documentation supporting the validity of the representation. Requires the information and documentation to be furnished to any member of the public upon request. Provides that a rigid plastic bottle or rigid plastic container sold in the State shall be labeled with a code meeting specified requirements and that indicates the resin used to produce the rigid plastic bottle or rigid plastic container. Contains provisions regarding deceptive or misleading claims about the recyclability of a product or packaging. Contains other provisions. Amends the Environmental Protection Act. Authorizes moneys in the Solid Waste Management Fund to be used by the Environmental Protection Agency to administer the Truth in Recycling Act. Amends the Solid Waste Planning and Recycling Act. Repeals a provision regarding coding for single use plastic bottles and other single use rigid plastic containers with specified capacities.


LRB103 04644 CPF 49652 b

 

 

A BILL FOR

 

SB0066LRB103 04644 CPF 49652 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Truth
5in Recycling Act.
 
6    Section 5. Definitions. In this Act:
7    "Agency" means the Illinois Environmental Protection
8Agency.
9    "Board" means the Illinois Pollution Control Board
10established under the Environmental Protection Act.
11    "Chasing arrows symbol" means an equilateral triangle
12formed by 3 arrows curved at their midpoints and depicting a
13clockwise path, with a short gap separating the apex of each
14arrow from the base of the adjacent arrow. "Chasing arrows
15symbol" includes variants of that symbol that are likely to be
16interpreted by a consumer as an implication of recyclability,
17including, but not limited to, one or more arrows arranged in a
18circular pattern or around a globe.
19    "Consumable product" means a commodity that is intended to
20be used and not disposed of.
21    "Consumer good" means any article that is used or bought
22for use primarily for personal, family, or household purposes.
23"Consumer good" does not include any food item.

 

 

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1    "Environmental marketing claim" includes any one or more
2of the types of claims described in the "Guides for the Use of
3Environmental Marketing Claims" promulgated by the Federal
4Trade Commission under the Federal Trade Commission Act and
5codified under 16 CFR 260, including, but not limited to,
6marketing assertions concerning seals of approval and carbon
7offsets and certifications.
8    "Environmental marketing terms" include "environmental
9choice", "ecologically friendly", "Earth friendly",
10"environmentally friendly", "ecologically sound",
11"environmentally sound", "environmentally safe",
12"ecologically safe", "environmentally light", "green product",
13and any other like term used to imply that a consumer good is
14beneficial or not harmful to the natural environment.
15    "Person" means any individual, firm, partnership,
16corporation, joint stock company, association, organization,
17or other legal equity.
18    "PFAS" means any of the perfluoroalkyl or polyfluoroalkyl
19substances included in the United States Environmental
20Protection Agency's expanded ToxCast chemical inventory.
21    "Retailer" means any person who engages in the business of
22selling consumer goods to retail buyers.
23    "Wholesaler" means any person, other than a retailer, who
24sells, resells, or otherwise places a product into the stream
25of commerce.
 

 

 

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1    Section 10. Representation of consumer goods.
2    (a) A person who represents in advertising for, or on the
3label or container of, a consumer good manufactured or
4distributed by the person that the consumer good is not
5harmful to or is beneficial to the natural environment through
6the use of environmental marketing terms or a chasing arrows
7symbol or by otherwise directing a consumer to recycle the
8consumer good shall maintain in written form in the person's
9records and make available to any member of the public upon
10request all of the following information and documentation
11supporting the validity of the representation:
12        (1) the reasons the person believes the representation
13    to be true;
14        (2) any significant adverse environmental impact
15    directly associated with the production, distribution,
16    use, or disposal of the consumer good;
17        (3) any measure taken by the person to reduce the
18    environmental impacts directly associated with the
19    production, distribution, or disposal of the consumer
20    good;
21        (4) any violation of a federal, State, or local
22    permit, law, or regulation directly associated with the
23    production or distribution of the consumer good;
24        (5) a statement regarding whether the assertions made
25    by the person concerning the consumer good conform to the
26    standards contained in the Federal Trade Commission's

 

 

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1    "Guides for the Use of Environmental Marketing Claims" if
2    such a standard exists for the assertion; and
3        (6) a description of whether the consumer good is
4    recyclable in the State under this Act if the person
5    represents in advertising that the consumer good is
6    recyclable, uses a chasing arrows symbol on the product,
7    or directs a consumer to recycle the consumer good.
8    (b) A person who is a wholesaler or retailer and does not
9initiate a representation by advertising or by placing the
10representation on a product or packaging has not made the
11representation for purposes of this Section.
12    (c) No person shall make an untruthful, deceptive, or
13misleading environmental marketing claim concerning a consumer
14good. A person who displays a chasing arrows symbol or
15otherwise directs a consumer to recycle a consumer good is not
16making an untruthful, deceptive, or misleading environmental
17marketing claim concerning the consumer good if the consumer
18good is required by any federal or Illinois law, rule, or
19regulation to display the chasing arrows symbol or the person
20is required by law to make such a direction. In this
21subsection, to "otherwise direct a consumer to recycle a
22consumer good" does not include directing a consumer to
23compost or properly dispose of a consumer good through a
24State-sponsored or Agency-administered recycling or materials
25management program.
 

 

 

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1    Section 15. Rigid plastic bottles and rigid plastic
2containers.
3    (a) Each rigid plastic bottle and rigid plastic container
4sold in the State shall be labeled with a code indicating the
5predominant resin used to produce the rigid plastic bottle or
6rigid plastic container. A rigid plastic bottle or rigid
7plastic container with a label and basecup of different
8materials shall be coded according to its basic material. The
9code shall consist of a number placed inside a triangle and
10letters placed below the triangle. The numbers and letters
11used shall be as follows:
12        (1) If the resin is polyethylene terephthalate, the
13    number "1" and the letters "PETE" shall be used.
14        (2) If the resin is high density polyethylene, the
15    number "2" and the letters "HDPE" shall be used.
16        (3) If the resin is vinyl, the number "3" and the
17    letter "V" shall be used.
18        (4) If the resin is low density polyethylene, the
19    number "4" and the letters LDPE" shall be used.
20        (5) If the resin is polypropylene, the number "5" and
21    the letters "PP" shall be used.
22        (6) If the resin is polystyrene, the number "6" and
23    the letters "PS" shall be used.
24        (7) If the resin is composed of more than one layer of
25    a resin, the number "7" and the letters "OTHER" shall be
26    used.

 

 

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1    (b) The Agency shall maintain a list of abbreviations used
2on labels under subsection (a) and shall provide a copy of that
3list to any person upon request.
 
4    Section 20. Deceptive or misleading claims about
5recyclability.
6    (a) No person shall offer for sale, sell, distribute, or
7import in or into the State any product or packaging for which
8a deceptive or misleading claim regarding the recyclability of
9the product or packaging is made.
10    (b) Except as provided in subsection (c), a product or
11packaging that displays a chasing arrows symbol, a chasing
12arrows symbol surrounding a resin identification code under
13subsection (a) of Section 15, or any other symbol or statement
14indicating that the product or packaging is recyclable or that
15otherwise directs the consumer to recycle the product or
16packaging is deemed to be a deceptive or misleading claim
17under this Section unless the product or packaging is
18considered recyclable in the State under this Act and is of a
19material type and form that routinely becomes feedstock used
20in the production of new products or packaging.
21    (c) Subsection (b) does not apply to either of the
22following:
23        (1) Any product or packaging that is manufactured on
24    or before the later of (i) 18 months after the date the
25    Agency publishes the first material characterization study

 

 

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1    required under subsection (f) or (ii) January 1, 2025.
2        (2) Any product or packaging manufactured on or before
3    18 months after the date the Agency updates its material
4    characterization study under subsection (f), provided
5    that, before publication of the updated study, the product
6    or packaging satisfied or would satisfy the requirements
7    to be considered recyclable in the State under this Act.
8    The display of a chasing arrows symbol, or any other
9statement indicating that a product or packaging is
10recyclable, directly on a product that is not considered
11recyclable in this State under this Act or packaging that is
12not considered recyclable in this State under this Act is a
13deceptive or misleading claim under this Section, except that
14a chasing arrows symbol or a statement indicating a product's
15or packaging's recyclability in the State may be displayed on
16its external packaging if (i) the product or packaging has
17multiple material types and (ii) the chasing arrows symbol or
18statement makes clear, in the same or larger font, font size,
19or symbol size, all other components of the product or
20packaging are not recyclable.
21    For purposes of this Section, displaying a chasing arrows
22symbol or any other statement indicating recyclability on
23packaging containing a consumable product may refer only to
24the recyclability of the consumable product's packaging and
25not of the consumable product.
26    (d) The following are not deceptive or misleading claims

 

 

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1about the recyclability of a product or packaging under this
2Section:
3        (1) using a chasing arrows symbol, in combination with
4    a clearly visible line, placed at a 45 degree angle over
5    the chasing arrows symbol, to convey that an item is not
6    recyclable;
7        (2) displaying a chasing arrows symbol on a consumer
8    good that is required by any federal or State law, rule, or
9    regulation to display the chasing arrows symbol,
10    including, but not limited to, paragraph (1) of subsection
11    (b) of Section 103 of the federal Mercury-Containing and
12    Rechargeable Battery Management Act (42 U.S.C.
13    14322(b)(1));
14        (3) directing a consumer to compost or properly
15    dispose of a consumer good through an organic recycling
16    program; or
17        (4) placing a resin identification code that is
18    required under subsection (a) of Section 15 inside of a
19    solid equilateral triangle.
20    (e) On or before January 1, 2025, the Agency shall
21propose, and on or before January 1, 2026, the Board shall
22adopt rules to provide information to the public sufficient
23for evaluating whether a product or packaging is recyclable in
24the State and is of a material type that routinely becomes
25feedstock used in the production of new products or packaging.
26The proposed and adopted rules shall identify:

 

 

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1        (1) how material is collected or processed by
2    recycling programs throughout the State; and
3        (2) the material types and forms that are actively
4    recovered and are not considered to be waste.
5    (f) In order to obtain a representative survey of
6recycling programs in the State, the Agency shall conduct a
7characterization survey of material types and forms that are
8collected, sorted, sold, or transferred by recycling centers
9in the State and that the Agency deems to be appropriate for
10inclusion in the survey. The Agency shall publish the results
11of the material characterization survey on it website on or
12before December 31, 2029 and shall conduct and publish an
13updated material characterization survey every 5 years
14thereafter.
15    The Agency may publish additional information regarding
16the appropriate characterization of material types and forms
17if the information was not available at the time that the most
18recent survey was conducted or published.
19    Within 90 days after receiving a request from the Agency
20for the purpose of conducting a survey under this subsection,
21a recycling center shall allow periodic sampling of the wastes
22and materials being handled at the facility by a designated
23representative of the Agency on a date and at a time that is
24mutually agreed upon by the Agency and the recycling center.
25The Agency shall not request a periodic sampling of a
26recycling center under this subsection if that recycling

 

 

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1center was sampled during the previous 24 months.
2    For each material characterization study conducted under
3this subsection, the Agency shall publish on its website the
4preliminary findings of the study and conduct a public meeting
5to present the preliminary findings and receive public
6comments. The public meeting shall occur at least 30 days
7after the Agency publishes the preliminary findings. After
8receiving and considering public comments, and within 60 days
9after the public meeting, the Agency shall finalize and
10publish the study's findings on the Agency's website.
11    (g) Subject to subsection (i), a product or packaging is
12recyclable in the State if, based on information published by
13the Agency under subsection (f), the product or packaging is
14of a material type and form that meets both of the following
15requirements:
16        (1) The material type and form is collected for
17    recycling by recycling centers for jurisdictions that
18    collectively serve at least 60% of the State's population.
19        (2) The material type and form is sorted into defined
20    streams for recycling processes by large-volume transfer
21    or processing facilities that process materials and
22    collectively serve at least 60% of recycling programs
23    statewide, with the defined streams sent to and reclaimed
24    at a reclaiming facility consistent with the requirements
25    of the "Basel Convention on the Control of Transboundary
26    Movements of Hazardous Wastes and their Disposal". The

 

 

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1    Agency, as it deems appropriate for achieving the purposes
2    of this Section, may adopt rules modifying the requirement
3    of this paragraph to encompass transfer or processing
4    facilities other than large-volume transfer or processing
5    facilities.
6    (h) A product or packaging is not recyclable in the State
7unless the product or packaging meets all of the following
8criteria, as applicable:
9        (1) all plastic packaging is designed not to include
10    any component, ink, adhesive, or label that, according to
11    the "APR Design Guide" published by the Association of
12    Plastic Recyclers, prevents the recyclability of the
13    packaging;
14        (2) plastic products, nonplastic products, and
15    nonplastic packaging are designed to ensure recyclability
16    and do not include any component, ink, adhesive, or label
17    that prevents the recyclability of the product or
18    packaging;
19        (3) the product or packaging is not made from a
20    plastic or fiber containing PFAS that are either:
21            (A) intentionally added to a product or packaging
22        by a manufacturer and have a functional or technical
23        effect in or on the product or packaging; or
24            (B) present in the product, packaging, or any
25        component of the product or packaging in an amount at
26        or above 100 parts per million, as measured in total

 

 

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1        organic fluorine.
2    (i) Notwithstanding subsections (g) and (h), a product or
3packaging is recyclable in the State if it meets any of the
4following requirements:
5        (1) The product or packaging has a demonstrated
6    recycling rate of at least 75%, meaning that not less than
7    75% of the product or packaging that is sorted and
8    aggregated in the State is reprocessed into new products
9    or packaging.
10        (2) On and before December 31, 2030, the product or
11    packaging is collected under a non-curbside collection
12    program that recovers at least 60% of the product or
13    packaging, and the material has sufficient commercial
14    value to be marketed for recycling and transported at the
15    end of its useful life to a transfer station, processing
16    facility, or recycling center to be sorted and aggregated
17    into defined streams by material type and form.
18        (3) On and after January 1, 2031, the product or
19    packaging is collected under a non-curbside collection
20    program that recovers at least 75% of the product or
21    packaging, and the material has sufficient commercial
22    value to be marketed for recycling and transported at the
23    end of its useful life to a transfer station, processing
24    facility, or recycling center to be sorted and aggregated
25    into defined streams by material type and form.
26        (4) The Agency determines that the product or

 

 

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1    packaging will not increase the contamination of curbside
2    recycling or deceive consumers as to its recyclability,
3    and the product or packaging is part of and in compliance
4    with a program established under State or federal law on
5    or after January 1, 2024 that governs the recyclability or
6    disposal of that product or packaging.
7    (j) The information published by the Agency under this
8Section shall not prevent a unit of local government from
9determining whether or to what extent a material type or form
10shall be accepted by its local recycling program.
 
11    Section 25. Enforcement.
12    (a) Any person who violates any provision of this Act
13shall be liable for a civil penalty not to exceed $5,000 for
14such violation. The civil penalty may, upon order of a court of
15competent jurisdiction, be made payable to the Solid Waste
16Management Fund, to be used in accordance with the provisions
17of the Illinois Solid Waste Management Act.
18    (b) The State's Attorney or any person who resides in the
19county in which the violation occurred, or the Attorney
20General, at the request of the Agency or on his own motion, may
21institute a civil action against any violator of this Act. The
22court may award costs and reasonable attorney fees to the
23State's Attorney, Attorney General, or any person who has
24prevailed against a person who has committed a willful,
25knowing, or repeated violation of this Act.

 

 

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1    (c) Any funds collected under subsection (b) in which the
2Attorney General has prevailed shall be deposited in the Solid
3Waste Management Fund.
4    (d) Notwithstanding any other provision of his Section, it
5is a defense to any suit or complaint brought under this
6Section for a violation of Section 10 that a person's
7environmental marketing claim conforms with the standards of,
8or is consistent with examples contained in, "Guides for the
9Use of Environmental Marketing Claims" published by the
10Federal Trade Commission.
 
11    Section 90. The Environmental Protection Act is amended by
12changing Section 22.15 as follows:
 
13    (415 ILCS 5/22.15)
14    Sec. 22.15. Solid Waste Management Fund; fees.
15    (a) There is hereby created within the State Treasury a
16special fund to be known as the Solid Waste Management Fund, to
17be constituted from the fees collected by the State pursuant
18to this Section, from repayments of loans made from the Fund
19for solid waste projects, from registration fees collected
20pursuant to the Consumer Electronics Recycling Act and civil
21penalties collected under the Truth in Recycling Act, and from
22amounts transferred into the Fund pursuant to Public Act
23100-433. Moneys received by either the Agency or the
24Department of Commerce and Economic Opportunity in repayment

 

 

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1of loans made pursuant to the Illinois Solid Waste Management
2Act shall be deposited into the General Revenue Fund.
3    (b) The Agency shall assess and collect a fee in the amount
4set forth herein from the owner or operator of each sanitary
5landfill permitted or required to be permitted by the Agency
6to dispose of solid waste if the sanitary landfill is located
7off the site where such waste was produced and if such sanitary
8landfill is owned, controlled, and operated by a person other
9than the generator of such waste. The Agency shall deposit all
10fees collected into the Solid Waste Management Fund. If a site
11is contiguous to one or more landfills owned or operated by the
12same person, the volumes permanently disposed of by each
13landfill shall be combined for purposes of determining the fee
14under this subsection. Beginning on July 1, 2018, and on the
15first day of each month thereafter during fiscal years 2019
16through 2023, the State Comptroller shall direct and State
17Treasurer shall transfer an amount equal to 1/12 of $5,000,000
18per fiscal year from the Solid Waste Management Fund to the
19General Revenue Fund.
20        (1) If more than 150,000 cubic yards of non-hazardous
21    solid waste is permanently disposed of at a site in a
22    calendar year, the owner or operator shall either pay a
23    fee of 95 cents per cubic yard or, alternatively, the
24    owner or operator may weigh the quantity of the solid
25    waste permanently disposed of with a device for which
26    certification has been obtained under the Weights and

 

 

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1    Measures Act and pay a fee of $2.00 per ton of solid waste
2    permanently disposed of. In no case shall the fee
3    collected or paid by the owner or operator under this
4    paragraph exceed $1.55 per cubic yard or $3.27 per ton.
5        (2) If more than 100,000 cubic yards but not more than
6    150,000 cubic yards of non-hazardous waste is permanently
7    disposed of at a site in a calendar year, the owner or
8    operator shall pay a fee of $52,630.
9        (3) If more than 50,000 cubic yards but not more than
10    100,000 cubic yards of non-hazardous solid waste is
11    permanently disposed of at a site in a calendar year, the
12    owner or operator shall pay a fee of $23,790.
13        (4) If more than 10,000 cubic yards but not more than
14    50,000 cubic yards of non-hazardous solid waste is
15    permanently disposed of at a site in a calendar year, the
16    owner or operator shall pay a fee of $7,260.
17        (5) If not more than 10,000 cubic yards of
18    non-hazardous solid waste is permanently disposed of at a
19    site in a calendar year, the owner or operator shall pay a
20    fee of $1050.
21    (c) (Blank).
22    (d) The Agency shall establish rules relating to the
23collection of the fees authorized by this Section. Such rules
24shall include, but not be limited to:
25        (1) necessary records identifying the quantities of
26    solid waste received or disposed;

 

 

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1        (2) the form and submission of reports to accompany
2    the payment of fees to the Agency;
3        (3) the time and manner of payment of fees to the
4    Agency, which payments shall not be more often than
5    quarterly; and
6        (4) procedures setting forth criteria establishing
7    when an owner or operator may measure by weight or volume
8    during any given quarter or other fee payment period.
9    (e) Pursuant to appropriation, all monies in the Solid
10Waste Management Fund shall be used by the Agency for the
11purposes set forth in this Section, and in the Illinois Solid
12Waste Management Act, and in the Truth in Recycling Act,
13including for the costs of fee collection and administration,
14and for the administration of the Consumer Electronics
15Recycling Act, and the Drug Take-Back Act, and the Truth in
16Recycling Act.
17    (f) The Agency is authorized to enter into such agreements
18and to promulgate such rules as are necessary to carry out its
19duties under this Section and the Illinois Solid Waste
20Management Act and the Truth in Recycling Act.
21    (g) On the first day of January, April, July, and October
22of each year, beginning on July 1, 1996, the State Comptroller
23and Treasurer shall transfer $500,000 from the Solid Waste
24Management Fund to the Hazardous Waste Fund. Moneys
25transferred under this subsection (g) shall be used only for
26the purposes set forth in item (1) of subsection (d) of Section

 

 

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122.2.
2    (h) The Agency is authorized to provide financial
3assistance to units of local government for the performance of
4inspecting, investigating, and enforcement activities pursuant
5to subsection (r) of Section 4 Section 4(r) at nonhazardous
6solid waste disposal sites.
7    (i) The Agency is authorized to conduct household waste
8collection and disposal programs.
9    (j) A unit of local government, as defined in the Local
10Solid Waste Disposal Act, in which a solid waste disposal
11facility is located may establish a fee, tax, or surcharge
12with regard to the permanent disposal of solid waste. All
13fees, taxes, and surcharges collected under this subsection
14shall be utilized for solid waste management purposes,
15including long-term monitoring and maintenance of landfills,
16planning, implementation, inspection, enforcement and other
17activities consistent with the Solid Waste Management Act and
18the Local Solid Waste Disposal Act, or for any other
19environment-related purpose, including, but not limited to, an
20environment-related public works project, but not for the
21construction of a new pollution control facility other than a
22household hazardous waste facility. However, the total fee,
23tax or surcharge imposed by all units of local government
24under this subsection (j) upon the solid waste disposal
25facility shall not exceed:
26        (1) 60 per cubic yard if more than 150,000 cubic

 

 

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1    yards of non-hazardous solid waste is permanently disposed
2    of at the site in a calendar year, unless the owner or
3    operator weighs the quantity of the solid waste received
4    with a device for which certification has been obtained
5    under the Weights and Measures Act, in which case the fee
6    shall not exceed $1.27 per ton of solid waste permanently
7    disposed of.
8        (2) $33,350 if more than 100,000 cubic yards, but not
9    more than 150,000 cubic yards, of non-hazardous waste is
10    permanently disposed of at the site in a calendar year.
11        (3) $15,500 if more than 50,000 cubic yards, but not
12    more than 100,000 cubic yards, of non-hazardous solid
13    waste is permanently disposed of at the site in a calendar
14    year.
15        (4) $4,650 if more than 10,000 cubic yards, but not
16    more than 50,000 cubic yards, of non-hazardous solid waste
17    is permanently disposed of at the site in a calendar year.
18        (5) $650 if not more than 10,000 cubic yards of
19    non-hazardous solid waste is permanently disposed of at
20    the site in a calendar year.
21    The corporate authorities of the unit of local government
22may use proceeds from the fee, tax, or surcharge to reimburse a
23highway commissioner whose road district lies wholly or
24partially within the corporate limits of the unit of local
25government for expenses incurred in the removal of
26nonhazardous, nonfluid municipal waste that has been dumped on

 

 

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1public property in violation of a State law or local
2ordinance.
3    For the disposal of solid waste from general construction
4or demolition debris recovery facilities as defined in
5subsection (a-1) of Section 3.160, the total fee, tax, or
6surcharge imposed by all units of local government under this
7subsection (j) upon the solid waste disposal facility shall
8not exceed 50% of the applicable amount set forth above. A unit
9of local government, as defined in the Local Solid Waste
10Disposal Act, in which a general construction or demolition
11debris recovery facility is located may establish a fee, tax,
12or surcharge on the general construction or demolition debris
13recovery facility with regard to the permanent disposal of
14solid waste by the general construction or demolition debris
15recovery facility at a solid waste disposal facility, provided
16that such fee, tax, or surcharge shall not exceed 50% of the
17applicable amount set forth above, based on the total amount
18of solid waste transported from the general construction or
19demolition debris recovery facility for disposal at solid
20waste disposal facilities, and the unit of local government
21and fee shall be subject to all other requirements of this
22subsection (j).
23    A county or Municipal Joint Action Agency that imposes a
24fee, tax, or surcharge under this subsection may use the
25proceeds thereof to reimburse a municipality that lies wholly
26or partially within its boundaries for expenses incurred in

 

 

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1the removal of nonhazardous, nonfluid municipal waste that has
2been dumped on public property in violation of a State law or
3local ordinance.
4    If the fees are to be used to conduct a local sanitary
5landfill inspection or enforcement program, the unit of local
6government must enter into a written delegation agreement with
7the Agency pursuant to subsection (r) of Section 4. The unit of
8local government and the Agency shall enter into such a
9written delegation agreement within 60 days after the
10establishment of such fees. At least annually, the Agency
11shall conduct an audit of the expenditures made by units of
12local government from the funds granted by the Agency to the
13units of local government for purposes of local sanitary
14landfill inspection and enforcement programs, to ensure that
15the funds have been expended for the prescribed purposes under
16the grant.
17    The fees, taxes or surcharges collected under this
18subsection (j) shall be placed by the unit of local government
19in a separate fund, and the interest received on the moneys in
20the fund shall be credited to the fund. The monies in the fund
21may be accumulated over a period of years to be expended in
22accordance with this subsection.
23    A unit of local government, as defined in the Local Solid
24Waste Disposal Act, shall prepare and post on its website, in
25April of each year, a report that details spending plans for
26monies collected in accordance with this subsection. The

 

 

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1report will at a minimum include the following:
2        (1) The total monies collected pursuant to this
3    subsection.
4        (2) The most current balance of monies collected
5    pursuant to this subsection.
6        (3) An itemized accounting of all monies expended for
7    the previous year pursuant to this subsection.
8        (4) An estimation of monies to be collected for the
9    following 3 years pursuant to this subsection.
10        (5) A narrative detailing the general direction and
11    scope of future expenditures for one, 2 and 3 years.
12    The exemptions granted under Sections 22.16 and 22.16a,
13and under subsection (k) of this Section, shall be applicable
14to any fee, tax or surcharge imposed under this subsection
15(j); except that the fee, tax or surcharge authorized to be
16imposed under this subsection (j) may be made applicable by a
17unit of local government to the permanent disposal of solid
18waste after December 31, 1986, under any contract lawfully
19executed before June 1, 1986 under which more than 150,000
20cubic yards (or 50,000 tons) of solid waste is to be
21permanently disposed of, even though the waste is exempt from
22the fee imposed by the State under subsection (b) of this
23Section pursuant to an exemption granted under Section 22.16.
24    (k) In accordance with the findings and purposes of the
25Illinois Solid Waste Management Act, beginning January 1, 1989
26the fee under subsection (b) and the fee, tax or surcharge

 

 

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1under subsection (j) shall not apply to:
2        (1) waste which is hazardous waste;
3        (2) waste which is pollution control waste;
4        (3) waste from recycling, reclamation or reuse
5    processes which have been approved by the Agency as being
6    designed to remove any contaminant from wastes so as to
7    render such wastes reusable, provided that the process
8    renders at least 50% of the waste reusable; the exemption
9    set forth in this paragraph (3) of this subsection (k)
10    shall not apply to general construction or demolition
11    debris recovery facilities as defined in subsection (a-1)
12    of Section 3.160;
13        (4) non-hazardous solid waste that is received at a
14    sanitary landfill and composted or recycled through a
15    process permitted by the Agency; or
16        (5) any landfill which is permitted by the Agency to
17    receive only demolition or construction debris or
18    landscape waste.
19(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
20102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.
218-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22;
22102-1055, eff. 6-10-22; revised 8-25-22.)
 
23    (415 ILCS 15/10 rep.)
24    Section 95. The Solid Waste Planning and Recycling Act is
25amended by repealing Section 10.