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(415 ILCS 5/22.44)
Subtitle D management fees.
(a) There is created within the State treasury a special fund to be
known as the "Subtitle D Management Fund" constituted from the fees collected
by the State under this Section.
(b) The Agency shall assess and collect
a fee in the amount set forth in this subsection from the owner or operator of
each sanitary landfill permitted or required to be permitted by the Agency to
dispose of solid waste if the sanitary landfill is located off the site where
the waste was produced and if the sanitary landfill is owned, controlled, and
operated by a person other than the generator of the waste. The Agency shall
deposit all fees collected under this subsection into the Subtitle D
Management Fund. If a site is contiguous to one or more landfills owned or
operated by the same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the fee under this
(1) If more than 150,000 cubic yards of non-hazardous
solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall either pay a fee of 10.1 cents per cubic yard or, alternatively, the owner or operator may weigh the quantity of the solid waste permanently disposed of with a device for which certification has been obtained under the Weights and Measures Act and pay a fee of 22 cents per ton of waste permanently disposed of.
(2) If more than 100,000 cubic yards, but not more
than 150,000 cubic yards, of non-hazardous waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $7,020.
(3) If more than 50,000 cubic yards, but not more
than 100,000 cubic yards, of non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $3,120.
(4) If more than 10,000 cubic yards, but not more
than 50,000 cubic yards, of non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $975.
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $210.
(c) The fee under subsection (b) shall not apply to any of the following:
(1) Hazardous waste.
(2) Pollution control waste.
(3) Waste from recycling, reclamation, or reuse
processes that have been approved by the Agency as being designed to remove any contaminant from wastes so as to render the wastes reusable, provided that the process renders at least 50% of the waste reusable. However, the exemption set forth in this paragraph (3) of this subsection (c) shall not apply to general construction or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160.
(4) Non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a process permitted by the Agency.
(5) Any landfill that is permitted by the Agency to
receive only demolition or construction debris or landscape waste.
(d) The Agency shall establish rules relating to the collection of the
fees authorized by this Section. These rules shall include, but not be
limited to the following:
(1) Necessary records identifying the quantities of
solid waste received or disposed.
(2) The form and submission of reports to accompany
the payment of fees to the Agency.
(3) The time and manner of payment of fees to the
Agency, which payments shall not be more often than quarterly.
(4) Procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume during any given quarter or other fee payment period.
(e) Fees collected under this Section shall be in addition to any other fees
collected under any other Section.
(f) The Agency shall not refund any fee paid to it under this Section.
(g) Pursuant to appropriation, all moneys in the Subtitle D Management
Fund shall be used by the Agency to administer the United States Environmental
Protection Agency's Subtitle D Program provided in Sections 4004 and 4010 of
the Resource Conservation and Recovery Act of 1976 (P.L. 94-580) as it relates
to a municipal solid waste landfill program in Illinois and to fund a
delegation of inspecting, investigating, and enforcement functions, within the
municipality only, pursuant to subsection (r) of Section 4 of this Act to a
municipality having a population of more than 1,000,000 inhabitants. The
Agency shall execute a delegation agreement pursuant to subsection (r) of
Section 4 of this Act with a municipality having a population of more than
1,000,000 inhabitants within 90 days of September 13, 1993 and shall on an
annual basis distribute from
the Subtitle D Management Fund to that municipality no less than $150,000. Pursuant to appropriation, moneys in the Subtitle D Management Fund may also be used by the Agency for activities conducted under Section 22.15a of this Act.
(Source: P.A. 102-310, eff. 8-6-21.)