(415 ILCS 10/2)
(from Ch. 85, par. 5902)
As used in this Act, unless the context clearly indicates otherwise:
(1) "Solid waste" means "waste", as defined in the Illinois
Environmental Protection Act, but for the purposes of this Act does not
include "hazardous waste" as defined in that Act.
(2) "Unit of local government" means a municipality, county, or a
Municipal Joint Action Agency created under Section 3.2 of the
Intergovernmental Cooperation Act or, if the context requires, the member
municipalities of such an agency or their territory.
(3) "Pollution control facility" has the meaning ascribed to
the term in the Illinois Environmental Protection Act, except
that the term shall not include sewers and sewage treatment
facilities owned or operated by sanitary districts.
(4) "Jurisdiction" means: (1) in the case of a municipality, the
territory within the corporate limits of the municipality; (2) in the case
of a county, the territory within the corporate limits of the county which
does not lie within the corporate limits of any municipality which has
adopted and is implementing a plan under this Act either independently or
through a Municipal Joint Action Agency; and (3) in
the case of a Municipal Joint Action Agency, the territory within the
corporate limits of each member municipality.
(5) "Qualified solid waste energy facility" means either (i) a
solid waste pollution control facility or a portion
thereof owned or operated by or for the benefit of a unit of local
government and developed under this Act, which meets the
requirements set forth in Section 3.1 of this Act, or (ii) a facility
which uses methane gas generated from landfills.
(6) "Municipal waste" means garbage, general household, institutional
and commercial waste, industrial lunchroom or office waste, landscape waste,
and construction and demolition debris.
(Source: P.A. 87-650; 88-681, eff. 12-22-94.)
(415 ILCS 10/3)
(from Ch. 85, par. 5903)
Units of local government may, on their own behalf or pursuant
to an intergovernmental agreement under Section 4, prepare solid waste
management plans for disposal of solid waste generated within their
jurisdictions. No such plans, however, shall be implemented prior to July
1, 1986. Such plans, if prepared, shall include provisions
for, but need not be limited to, the following:
(1) a description of the origin, content and weight
or volume of municipal waste currently generated within the unit of local government's boundaries, and an estimate of the origin, content, and weight or volume of municipal waste that will be generated within the unit of local government's boundaries during the next 20 years, including an assessment of the primary variables affecting this estimate and the extent to which they can reasonably be expected to occur;
(2) a description of the facilities where municipal
waste is currently being processed or disposed of and the remaining capacity of such facilities;
(3) a description of the facilities and programs that
are proposed for the management of municipal waste generated within the unit of local government's boundaries during the next 20 years including, but not limited to, their size, expected cost and financing method;
(4) an evaluation of the environmental, energy, life
cycle cost and economic advantages and disadvantages of the proposed waste management facilities and financing method;
(5) a description of the time schedule for the
development and operation of each proposed facility or program;
(6) the identity of potential sites within the unit
of local government where each proposed waste processing, disposal and recycling program will be located, or an explanation of how the sites will be chosen. For any facility outside the unit of local government that the unit of local government proposes to utilize, the plan shall explain the reasons for selecting that facility;
(7) if the plan concludes that waste stream control
measures are necessary to implement the plan, the identification of those measures;
(8) identification of any governmental entity that
will be responsible for implementing the plan on behalf of the unit of local government, and an explanation of the legal basis for the entity's authority to do so; and
(9) adequate provision for the present and reasonably
anticipated future needs of the recycling and resource recovery interests within the area.
(Source: P.A. 87-650.)
(415 ILCS 10/3.1)
(from Ch. 85, par. 5903.1)
If a solid waste management plan prepared and implemented
under Section 3 of this Act, Section 2 of the Illinois Solid Waste Management Act,
Section 22.15 of the Environmental Protection Act,
or Section 4 of the Solid Waste Planning and Recycling Act, or the
Energy Facility Plan, specifies that incineration shall be a means used
by a facility to meet waste disposal needs within a jurisdiction, that
facility shall be deemed a qualified solid waste energy facility if it
meets the following requirements:
(1) The operator annually certifies to the Illinois Commerce
Commission that solid waste is the primary fuel and comprises no less than
95% of the annual fuel loading.
(2) The operator guarantees that the solid waste throughput volume shall
be equal to at least 66% of the design capacity of the facility.
(3) (A) A solid waste management plan has been developed
by the unit or units of local government included in the area that is intended to be served by the facility and has been filed with and approved by the Illinois Environmental Protection Agency pursuant to subsection (g) of Section 22.15 of the Illinois Environmental Protection Act or pursuant to Section 5 of the Solid Waste Planning and Recycling Act. Any such plan shall establish a recycling goal of a minimum of 25% by weight of the solid waste stream generated within the planning area; or
(B) For any facility that receives local site
approval before May 1, 1989, a Solid Waste Energy Facility Plan has been developed with respect to the facility by the owner or operator of the facility and has been filed with and approved by the Illinois Environmental Protection Agency. Any such Solid Waste Energy Facility Plan shall establish a recycling goal of at least 25% of the solid waste stream received by the Solid Waste Energy Facility, and shall include a description of the processes and systems to be utilized by the facility for materials and energy recovery.
(4) A good faith effort has been made by the unit or units of local
government served by the facility or the owner or operator of the
facility to achieve the 25% recycling goal at the
time the facility commences commercial operation and thereafter.
(Source: P.A. 91-357, eff. 7-29-99.)