Rep. Natalie A. Manley

Filed: 4/24/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 836

2    AMENDMENT NO. ______. Amend Senate Bill 836 on page 13,
3immediately below line 18, by inserting the following:
 
4    "Section 57. Agency fees. All fees submitted to the Agency
5under this Act shall be deposited into the Solid Waste
6Management Fund to be used for costs associated with the
7administration of this Act."; and
 
8on page 25, immediately below line 14, by inserting the
9following:
 
10    "Section 910. The Environmental Protection Act is amended
11by changing Section 22.25 as follows:
 
12    (415 ILCS 5/22.15)
13    Sec. 22.15. Solid Waste Management Fund; fees.
14    (a) There is hereby created within the State Treasury a

 

 

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1special fund to be known as the Solid Waste Management Fund, to
2be constituted from the fees collected by the State pursuant
3to this Section, from repayments of loans made from the Fund
4for solid waste projects, from registration fees collected
5pursuant to the Consumer Electronics Recycling Act, from fees
6collected under the Paint Stewardship Act, and from amounts
7transferred into the Fund pursuant to Public Act 100-433.
8Moneys received by either the Agency or the Department of
9Commerce and Economic Opportunity in repayment of loans made
10pursuant to the Illinois Solid Waste Management Act shall be
11deposited into the General Revenue Fund.
12    (b) The Agency shall assess and collect a fee in the amount
13set forth herein from the owner or operator of each sanitary
14landfill permitted or required to be permitted by the Agency
15to dispose of solid waste if the sanitary landfill is located
16off the site where such waste was produced and if such sanitary
17landfill is owned, controlled, and operated by a person other
18than the generator of such waste. The Agency shall deposit all
19fees collected into the Solid Waste Management Fund. If a site
20is contiguous to one or more landfills owned or operated by the
21same person, the volumes permanently disposed of by each
22landfill shall be combined for purposes of determining the fee
23under this subsection. Beginning on July 1, 2018, and on the
24first day of each month thereafter during fiscal years 2019
25through 2023, the State Comptroller shall direct and State
26Treasurer shall transfer an amount equal to 1/12 of $5,000,000

 

 

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1per fiscal year from the Solid Waste Management Fund to the
2General Revenue Fund.
3        (1) If more than 150,000 cubic yards of non-hazardous
4    solid waste is permanently disposed of at a site in a
5    calendar year, the owner or operator shall either pay a
6    fee of 95 cents per cubic yard or, alternatively, the
7    owner or operator may weigh the quantity of the solid
8    waste permanently disposed of with a device for which
9    certification has been obtained under the Weights and
10    Measures Act and pay a fee of $2.00 per ton of solid waste
11    permanently disposed of. In no case shall the fee
12    collected or paid by the owner or operator under this
13    paragraph exceed $1.55 per cubic yard or $3.27 per ton.
14        (2) If more than 100,000 cubic yards but not more than
15    150,000 cubic yards of non-hazardous waste is permanently
16    disposed of at a site in a calendar year, the owner or
17    operator shall pay a fee of $52,630.
18        (3) If more than 50,000 cubic yards but not more than
19    100,000 cubic yards of non-hazardous solid waste is
20    permanently disposed of at a site in a calendar year, the
21    owner or operator shall pay a fee of $23,790.
22        (4) If more than 10,000 cubic yards but not more than
23    50,000 cubic yards of non-hazardous solid waste is
24    permanently disposed of at a site in a calendar year, the
25    owner or operator shall pay a fee of $7,260.
26        (5) If not more than 10,000 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 pay a
3    fee of $1050.
4    (c) (Blank).
5    (d) The Agency shall establish rules relating to the
6collection of the fees authorized by this Section. Such rules
7shall include, but not be limited to:
8        (1) necessary records identifying the quantities of
9    solid waste received or disposed;
10        (2) the form and submission of reports to accompany
11    the payment of fees to the Agency;
12        (3) the time and manner of payment of fees to the
13    Agency, which payments shall not be more often than
14    quarterly; and
15        (4) procedures setting forth criteria establishing
16    when an owner or operator may measure by weight or volume
17    during any given quarter or other fee payment period.
18    (e) Pursuant to appropriation, all monies in the Solid
19Waste Management Fund shall be used by the Agency for the
20purposes set forth in this Section and in the Illinois Solid
21Waste Management Act, including for the costs of fee
22collection and administration, for administration of the Paint
23Stewardship Act, and for the administration of the Consumer
24Electronics Recycling Act and the Drug Take-Back Act.
25    (f) The Agency is authorized to enter into such agreements
26and to promulgate such rules as are necessary to carry out its

 

 

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1duties under this Section and the Illinois Solid Waste
2Management Act.
3    (g) On the first day of January, April, July, and October
4of each year, beginning on July 1, 1996, the State Comptroller
5and Treasurer shall transfer $500,000 from the Solid Waste
6Management Fund to the Hazardous Waste Fund. Moneys
7transferred under this subsection (g) shall be used only for
8the purposes set forth in item (1) of subsection (d) of Section
922.2.
10    (h) The Agency is authorized to provide financial
11assistance to units of local government for the performance of
12inspecting, investigating, and enforcement activities pursuant
13to subsection (r) of Section 4 Section 4(r) at nonhazardous
14solid waste disposal sites.
15    (i) The Agency is authorized to conduct household waste
16collection and disposal programs.
17    (j) A unit of local government, as defined in the Local
18Solid Waste Disposal Act, in which a solid waste disposal
19facility is located may establish a fee, tax, or surcharge
20with regard to the permanent disposal of solid waste. All
21fees, taxes, and surcharges collected under this subsection
22shall be utilized for solid waste management purposes,
23including long-term monitoring and maintenance of landfills,
24planning, implementation, inspection, enforcement and other
25activities consistent with the Solid Waste Management Act and
26the Local Solid Waste Disposal Act, or for any other

 

 

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1environment-related purpose, including, but not limited to, an
2environment-related public works project, but not for the
3construction of a new pollution control facility other than a
4household hazardous waste facility. However, the total fee,
5tax or surcharge imposed by all units of local government
6under this subsection (j) upon the solid waste disposal
7facility shall not exceed:
8        (1) 60¢ per cubic yard if more than 150,000 cubic
9    yards of non-hazardous solid waste is permanently disposed
10    of at the site in a calendar year, unless the owner or
11    operator weighs the quantity of the solid waste received
12    with a device for which certification has been obtained
13    under the Weights and Measures Act, in which case the fee
14    shall not exceed $1.27 per ton of solid waste permanently
15    disposed of.
16        (2) $33,350 if more than 100,000 cubic yards, but not
17    more than 150,000 cubic yards, of non-hazardous waste is
18    permanently disposed of at the site in a calendar year.
19        (3) $15,500 if more than 50,000 cubic yards, but not
20    more than 100,000 cubic yards, of non-hazardous solid
21    waste is permanently disposed of at the site in a calendar
22    year.
23        (4) $4,650 if more than 10,000 cubic yards, but not
24    more than 50,000 cubic yards, of non-hazardous solid waste
25    is permanently disposed of at the site in a calendar year.
26        (5) $650 if not more than 10,000 cubic yards of

 

 

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1    non-hazardous solid waste is permanently disposed of at
2    the site in a calendar year.
3    The corporate authorities of the unit of local government
4may use proceeds from the fee, tax, or surcharge to reimburse a
5highway commissioner whose road district lies wholly or
6partially within the corporate limits of the unit of local
7government for expenses incurred in the removal of
8nonhazardous, nonfluid municipal waste that has been dumped on
9public property in violation of a State law or local
10ordinance.
11    For the disposal of solid waste from general construction
12or demolition debris recovery facilities as defined in
13subsection (a-1) of Section 3.160, the total fee, tax, or
14surcharge imposed by all units of local government under this
15subsection (j) upon the solid waste disposal facility shall
16not exceed 50% of the applicable amount set forth above. A unit
17of local government, as defined in the Local Solid Waste
18Disposal Act, in which a general construction or demolition
19debris recovery facility is located may establish a fee, tax,
20or surcharge on the general construction or demolition debris
21recovery facility with regard to the permanent disposal of
22solid waste by the general construction or demolition debris
23recovery facility at a solid waste disposal facility, provided
24that such fee, tax, or surcharge shall not exceed 50% of the
25applicable amount set forth above, based on the total amount
26of solid waste transported from the general construction or

 

 

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1demolition debris recovery facility for disposal at solid
2waste disposal facilities, and the unit of local government
3and fee shall be subject to all other requirements of this
4subsection (j).
5    A county or Municipal Joint Action Agency that imposes a
6fee, tax, or surcharge under this subsection may use the
7proceeds thereof to reimburse a municipality that lies wholly
8or partially within its boundaries for expenses incurred in
9the removal of nonhazardous, nonfluid municipal waste that has
10been dumped on public property in violation of a State law or
11local ordinance.
12    If the fees are to be used to conduct a local sanitary
13landfill inspection or enforcement program, the unit of local
14government must enter into a written delegation agreement with
15the Agency pursuant to subsection (r) of Section 4. The unit of
16local government and the Agency shall enter into such a
17written delegation agreement within 60 days after the
18establishment of such fees. At least annually, the Agency
19shall conduct an audit of the expenditures made by units of
20local government from the funds granted by the Agency to the
21units of local government for purposes of local sanitary
22landfill inspection and enforcement programs, to ensure that
23the funds have been expended for the prescribed purposes under
24the grant.
25    The fees, taxes or surcharges collected under this
26subsection (j) shall be placed by the unit of local government

 

 

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1in a separate fund, and the interest received on the moneys in
2the fund shall be credited to the fund. The monies in the fund
3may be accumulated over a period of years to be expended in
4accordance with this subsection.
5    A unit of local government, as defined in the Local Solid
6Waste Disposal Act, shall prepare and post on its website, in
7April of each year, a report that details spending plans for
8monies collected in accordance with this subsection. The
9report will at a minimum include the following:
10        (1) The total monies collected pursuant to this
11    subsection.
12        (2) The most current balance of monies collected
13    pursuant to this subsection.
14        (3) An itemized accounting of all monies expended for
15    the previous year pursuant to this subsection.
16        (4) An estimation of monies to be collected for the
17    following 3 years pursuant to this subsection.
18        (5) A narrative detailing the general direction and
19    scope of future expenditures for one, 2 and 3 years.
20    The exemptions granted under Sections 22.16 and 22.16a,
21and under subsection (k) of this Section, shall be applicable
22to any fee, tax or surcharge imposed under this subsection
23(j); except that the fee, tax or surcharge authorized to be
24imposed under this subsection (j) may be made applicable by a
25unit of local government to the permanent disposal of solid
26waste after December 31, 1986, under any contract lawfully

 

 

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1executed before June 1, 1986 under which more than 150,000
2cubic yards (or 50,000 tons) of solid waste is to be
3permanently disposed of, even though the waste is exempt from
4the fee imposed by the State under subsection (b) of this
5Section pursuant to an exemption granted under Section 22.16.
6    (k) In accordance with the findings and purposes of the
7Illinois Solid Waste Management Act, beginning January 1, 1989
8the fee under subsection (b) and the fee, tax or surcharge
9under subsection (j) shall not apply to:
10        (1) waste which is hazardous waste;
11        (2) waste which is pollution control waste;
12        (3) waste from recycling, reclamation or reuse
13    processes which have been approved by the Agency as being
14    designed to remove any contaminant from wastes so as to
15    render such wastes reusable, provided that the process
16    renders at least 50% of the waste reusable; the exemption
17    set forth in this paragraph (3) of this subsection (k)
18    shall not apply to general construction or demolition
19    debris recovery facilities as defined in subsection (a-1)
20    of Section 3.160;
21        (4) non-hazardous solid waste that is received at a
22    sanitary landfill and composted or recycled through a
23    process permitted by the Agency; or
24        (5) any landfill which is permitted by the Agency to
25    receive only demolition or construction debris or
26    landscape waste.

 

 

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1(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
2102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.
38-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22;
4102-1055, eff. 6-10-22; revised 8-25-22.)".