(415 ILCS 5/17.12) Sec. 17.12. Lead service line replacement and notification. (a) The purpose of this Act is to: (1) require the owners and operators of community water supplies to develop, implement, and maintain a comprehensive water service line material inventory and a comprehensive lead service line replacement plan, provide notice to occupants of potentially affected buildings before any construction or repair work on water mains or lead service lines, and request access to potentially affected buildings before replacing lead service lines; and (2) prohibit partial lead service line replacements, except as authorized within this Section. (b) The General Assembly finds and declares that: (1) There is no safe level of exposure to heavy metal |
| lead, as found by the United States Environmental Protection Agency and the Centers for Disease Control and Prevention.
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(2) Lead service lines can convey this harmful
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| substance to the drinking water supply.
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(3) According to the Illinois Environmental
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| Protection Agency's 2018 Service Line Material Inventory, the State of Illinois is estimated to have over 680,000 lead-based service lines still in operation.
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(4) The true number of lead service lines is not
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| fully known because Illinois lacks an adequate inventory of lead service lines.
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(5) For the general health, safety and welfare of its
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| residents, all lead service lines in Illinois should be disconnected from the drinking water supply, and the State's drinking water supply.
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(c) In this Section:
"Advisory Board" means the Lead Service Line Replacement Advisory Board created under subsection (x).
"Community water supply" has the meaning ascribed to it in Section 3.145 of this Act.
"Department" means the Department of Public Health.
"Emergency repair" means any unscheduled water main, water service, or water valve repair or replacement that results from failure or accident.
"Fund" means the Lead Service Line Replacement Fund created under subsection (bb).
"Lead service line" means a service line made of lead or service line connected to a lead pigtail, lead gooseneck, or other lead fitting.
"Material inventory" means a water service line material inventory developed by a community water supply under this Act.
"Non-community water supply" has the meaning ascribed to it in Section 3.145 of the Environmental Protection Act.
"NSF/ANSI Standard" means a water treatment standard developed by NSF International.
"Partial lead service line replacement" means replacement of only a portion of a lead service line.
"Potentially affected building" means any building that is provided water service through a service line that is either a lead service line or a suspected lead service line.
"Public water supply" has the meaning ascribed to it in Section 3.365 of this Act.
"Service line" means the piping, tubing, and necessary appurtenances acting as a conduit from the water main or source of potable water supply to the building plumbing at the first shut-off valve or 18 inches inside the building, whichever is shorter.
"Suspected lead service line" means a service line that a community water supply finds more likely than not to be made of lead after completing the requirements under paragraphs (2) through (5) of subsection (h).
"Small system" means a community water supply that regularly serves water to 3,300 or fewer persons.
(d) An owner or operator of a community water supply shall:
(1) develop an initial material inventory by April
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| 15, 2022 and electronically submit by April 15, 2023 an updated material inventory electronically to the Agency; and
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(2) deliver a complete material inventory to the
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| Agency no later than April 15, 2024, or such time as required by federal law, whichever is sooner. The complete inventory shall report the composition of all service lines in the community water supply's distribution system.
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(e) The Agency shall review and approve the final material inventory submitted to it under subsection (d).
(f) If a community water supply does not submit a complete inventory to the Agency by April 15, 2024 under paragraph (2) of subsection (d), the community water supply may apply for an extension to the Agency no less than 3 months prior to the due date. The Agency shall develop criteria for granting material inventory extensions. When considering requests for extension, the Agency shall, at a minimum, consider:
(1) the number of service connections in a water
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(2) the number of service lines of an unknown
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(g) A material inventory prepared for a community water supply under subsection (d) shall identify:
(1) the total number of service lines connected to
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| the community water supply's distribution system;
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(2) the materials of construction of each service
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| line connected to the community water supply's distribution system;
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(3) the number of suspected lead service lines that
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| were newly identified in the material inventory for the community water supply after the community water supply last submitted a service line inventory to the Agency; and
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(4) the number of suspected or known lead service
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| lines that were replaced after the community water supply last submitted a service line inventory to the Agency, and the material of the service line that replaced each lead service line.
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When identifying the materials of construction under paragraph (2) of this subsection, the owner or operator of the community water supply shall to the best of the owner's or operator's ability identify the type of construction material used on the customer's side of the curb box, meter, or other line of demarcation and the community water supply's side of the curb box, meter, or other line of demarcation.
(h) In completing a material inventory under subsection (d), the owner or operator of a community water supply shall:
(1) prioritize inspections of high-risk areas
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| identified by the community water supply and inspections of high-risk facilities, such as preschools, day care centers, day care homes, group day care homes, parks, playgrounds, hospitals, and clinics, and confirm service line materials in those areas and at those facilities;
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(2) review historical documentation, such as
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| construction logs or cards, as-built drawings, purchase orders, and subdivision plans, to determine service line material construction;
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(3) when conducting distribution system maintenance,
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| visually inspect service lines and document materials of construction;
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(4) identify any time period when the service lines
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| being connected to its distribution system were primarily lead service lines, if such a time period is known or suspected; and
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(5) discuss service line repair and installation with
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| its employees, contractors, plumbers, other workers who worked on service lines connected to its distribution system, or all of the above.
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(i) The owner or operator of each community water supply shall maintain records of persons who refuse to grant access to the interior of a building for purposes of identifying the materials of construction of a service line. If a community water supply has been denied access on the property or to the interior of a building for that reason, then the community water supply shall attempt to identify the service line as a suspected lead service line, unless documentation is provided showing otherwise.
(j) If a community water supply identifies a lead service line connected to a building, the owner or operator of the community water supply shall attempt to notify the owner of the building and all occupants of the building of the existence of the lead service line within 15 days after identifying the lead service line, or as soon as is reasonably possible thereafter. Individual written notice shall be given according to the provisions of subsection (jj).
(k) An owner or operator of a community water supply has no duty to include in the material inventory required under subsection (d) information about service lines that are physically disconnected from a water main in its distribution system.
(l) The owner or operator of each community water supply shall post on its website a copy of the most recently submitted material inventory or alternatively may request that the Agency post a copy of that material inventory on the Agency's website.
(m) Nothing in this Section shall be construed to require service lines to be unearthed for the sole purpose of inventorying.
(n) When an owner or operator of a community water supply awards a contract under this Section, the owner or operator shall make a good faith effort to use contractors and vendors owned by minority persons, women, and persons with a disability, as those terms are defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, for not less than 20% of the total contracts, provided that:
(1) contracts representing at least 11% of the total
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| projects shall be awarded to minority-owned businesses, as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act;
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(2) contracts representing at least 7% of the total
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| projects shall be awarded to women-owned businesses, as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; and
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(3) contracts representing at least 2% of the total
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| projects shall be awarded to businesses owned by persons with a disability.
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Owners or operators of a community water supply are encouraged to divide projects, whenever economically feasible, into contracts of smaller size that ensure small business contractors or vendors shall have the ability to qualify in the applicable bidding process, when determining the ability to deliver on a given contract based on scope and size, as a responsible and responsive bidder.
When a contractor or vendor submits a bid or letter of intent in response to a request for proposal or other bid submission, the contractor or vendor shall include with its responsive documents a utilization plan that shall address how compliance with applicable good faith requirements set forth in this subsection shall be addressed.
Under this subsection, "good faith effort" means
a community water supply has taken all necessary steps to comply with the goals of this subsection by complying with the following:
(1) Soliciting through reasonable and available means
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| the interest of a business, as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, that have the capability to perform the work of the contract. The community water supply must solicit this interest within sufficient time to allow certified businesses to respond.
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(2) Providing interested certified businesses with
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| adequate information about the plans, specifications, and requirements of the contract, including addenda, in a timely manner to assist them in responding to the solicitation.
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(3) Meeting in good faith with interested certified
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| businesses that have submitted bids.
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(4) Effectively using the services of the State,
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| minority or women community organizations, minority or women contractor groups, local, State, and federal minority or women business assistance offices, and other organizations to provide assistance in the recruitment and placement of certified businesses.
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(5) Making efforts to use appropriate forums for
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| purposes of advertising subcontracting opportunities suitable for certified businesses.
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The diversity goals defined in this subsection can be met through direct award to diverse contractors and through the use of diverse subcontractors and diverse vendors to contracts.
(o) An owner or operator of a community water supply shall collect data necessary to ensure compliance with subsection (n) no less than semi-annually and shall include progress toward compliance of subsection (n) in the owner or operator's report required under subsection (t-5). The report must include data on vendor and employee diversity, including data on the owner's or operator's implementation of subsection (n).
(p) Every owner or operator of a community water supply that has known or suspected lead service lines shall:
(1) create a plan to:
(A) replace each lead service line connected to
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| its distribution system; and
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(B) replace each galvanized service line
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| connected to its distribution system, if the galvanized service line is or was connected downstream to lead piping; and
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(2) electronically submit, by April 15, 2024 its
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| initial lead service line replacement plan to the Agency;
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(3) electronically submit by April 15 of each year
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| after 2024 until April 15, 2027 an updated lead service line replacement plan to the Agency for review; the updated replacement plan shall account for changes in the number of lead service lines or unknown service lines in the material inventory described in subsection (d);
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(4) electronically submit by April 15, 2027 a
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| complete and final replacement plan to the Agency for approval; the complete and final replacement plan shall account for all known and suspected lead service lines documented in the final material inventory described under paragraph (3) of subsection (d); and
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(5) post on its website a copy of the plan most
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| recently submitted to the Agency or may request that the Agency post a copy of that plan on the Agency's website.
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(q) Each plan required under paragraph (1) of subsection (p) shall include the following:
(1) the name and identification number of the
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(2) the total number of service lines connected to
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| the distribution system of the community water supply;
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(3) the total number of suspected lead service lines
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| connected to the distribution system of the community water supply;
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(4) the total number of known lead service lines
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| connected to the distribution system of the community water supply;
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(5) the total number of lead service lines connected
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| to the distribution system of the community water supply that have been replaced each year beginning in 2020;
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(6) a proposed lead service line replacement schedule
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| that includes one-year, 5-year, 10-year, 15-year, 20-year, 25-year, and 30-year goals;
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(7) an analysis of costs and financing options for
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| replacing the lead service lines connected to the community water supply's distribution system, which shall include, but shall not be limited to:
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(A) a detailed accounting of costs associated
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| with replacing lead service lines and galvanized lines that are or were connected downstream to lead piping;
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(B) measures to address affordability and prevent
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| service shut-offs for customers or ratepayers; and
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(C) consideration of different scenarios for
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| structuring payments between the utility and its customers over time; and
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(8) a plan for prioritizing high-risk facilities,
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| such as preschools, day care centers, day care homes, group day care homes, parks, playgrounds, hospitals, and clinics, as well as high-risk areas identified by the community water supply;
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(9) a map of the areas where lead service lines are
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| expected to be found and the sequence with which those areas will be inventoried and lead service lines replaced;
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(10) measures for how the community water supply will
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| inform the public of the plan and provide opportunity for public comment; and
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(11) measures to encourage diversity in hiring in the
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| workforce required to implement the plan as identified under subsection (n).
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(r) The Agency shall review final plans submitted to it under subsection (p). The Agency shall approve a final plan if the final plan includes all of the elements set forth under subsection (q) and the Agency determines that:
(1) the proposed lead service line replacement
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| schedule set forth in the plan aligns with the timeline requirements set forth under subsection (v);
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(2) the plan prioritizes the replacement of lead
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| service lines that provide water service to high-risk facilities, such as preschools, day care centers, day care homes, group day care homes, parks, playgrounds, hospitals, and clinics, and high-risk areas identified by the community water supply;
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(3) the plan includes analysis of cost and financing
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(4) the plan provides documentation of public review.
(s) An owner or operator of a community water supply has no duty to include in the plans required under subsection (p) information about service lines that are physically disconnected from a water main in its distribution system.
(t) If a community water supply does not deliver a complete plan to the Agency by April 15, 2027, the community water supply may apply to the Agency for an extension no less than 3 months prior to the due date. The Agency shall develop criteria for granting plan extensions. When considering requests for extension, the Agency shall, at a minimum, consider:
(1) the number of service connections in a water
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(2) the number of service lines of an unknown
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(t-5) After the Agency has approved the final replacement plan described in subsection (p), the owner or operator of a community water supply shall submit a report detailing progress toward plan goals to the Agency for its review. The report shall be submitted annually for the first 10 years, and every 3 years thereafter until all lead service lines have been replaced. Reports under this subsection shall be published in the same manner described in subsection (l). The report shall include at least the following information as it pertains to the preceding reporting period:
(1) The number of lead service lines replaced and the
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| average cost of lead service line replacement.
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(2) Progress toward meeting hiring requirements as
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| described in subsection (n) and subsection (o).
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(3) The percent of customers electing a waiver
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| offered, as described in subsections (ii) and (jj), among those customers receiving a request or notification to perform a lead service line replacement.
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(4) The method or methods used by the community water
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| supply to finance lead service line replacement.
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(u) Notwithstanding any other provision of law, in order to provide for costs associated with lead service line remediation and replacement, the corporate authorities of a municipality may, by ordinance or resolution by the corporate authorities, exercise authority provided in Section 27-5 et seq. of the Property Tax Code and Sections 8-3-1, 8-11-1, 8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq., 11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes levied for this purpose shall be in addition to taxes for general purposes authorized under Section 8-3-1 of the Illinois Municipal Code and shall be included in the taxing district's aggregate extension for the purposes of Division 5 of Article 18 of the Property Tax Code.
(v) Every owner or operator of a community water supply shall replace all known lead service lines, subject to the requirements of subsection (ff), according to the following replacement rates and timelines to be calculated from the date of submission of the final replacement plan to the Agency:
(1) A community water supply reporting 1,200 or fewer
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| lead service lines in its final inventory and replacement plan shall replace all lead service lines, at an annual rate of no less than 7% of the amount described in the final inventory, with a timeline of up to 15 years for completion.
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(2) A community water supply reporting more than
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| 1,200 but fewer than 5,000 lead service lines in its final inventory and replacement plan shall replace all lead service lines, at an annual rate of no less than 6% of the amount described in the final inventory, with a timeline of up to 17 years for completion.
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(3) A community water supply reporting more than
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| 4,999 but fewer than 10,000 lead service lines in its final inventory and replacement plan shall replace all lead service lines, at an annual rate of no less than 5% of the amount described in the final inventory, with a timeline of up to 20 years for completion.
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(4) A community water supply reporting more than
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| 9,999 but fewer than 99,999 lead service lines in its final inventory and replacement plan shall replace all lead service lines, at an annual rate of no less than 3% of the amount described in the final inventory, with a timeline of up to 34 years for completion.
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(5) A community water supply reporting more than
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| 99,999 lead service lines in its final inventory and replacement plan shall replace all lead service lines, at an annual rate of no less than 2% of the amount described in the final inventory, with a timeline of up to 50 years for completion.
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(w) A community water supply may apply to the Agency for an extension to the replacement timelines described in paragraphs (1) through (5) of subsection (v). The Agency shall develop criteria for granting replacement timeline extensions. When considering requests for timeline extensions, the Agency shall, at a minimum, consider:
(1) the number of service connections in a water
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(2) unusual circumstances creating hardship for a
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The Agency may grant one extension of additional time equal to not more than 20% of the original replacement timeline, except in situations of extreme hardship in which the Agency may consider a second additional extension equal to not more than 10% of the original replacement timeline.
Replacement rates and timelines shall be calculated from the date of submission of the final plan to the Agency.
(x) The Lead Service Line Replacement Advisory Board is created within the Agency. The Advisory Board shall convene within 120 days after January 1, 2022 (the effective date of Public Act 102-613).
The Advisory Board shall consist of at least 28 voting members, as follows:
(1) the Director of the Agency, or his or her
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| designee, who shall serve as chairperson;
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(2) the Director of Revenue, or his or her designee;
(3) the Director of Public Health, or his or her
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(4) fifteen members appointed by the Agency as
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(A) one member representing a statewide
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| organization of municipalities as authorized by Section 1-8-1 of the Illinois Municipal Code;
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(B) two members who are mayors representing
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| municipalities located in any county south of the southernmost county represented by one of the 10 largest municipalities in Illinois by population, or their respective designees;
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(C) two members who are representatives from
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| public health advocacy groups;
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(D) two members who are representatives from
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| publicly-owned water utilities;
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(E) one member who is a representative from a
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| public utility as defined under Section 3-105 of the Public Utilities Act that provides water service in the State of Illinois;
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(F) one member who is a research professional
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| employed at an Illinois academic institution and specializing in water infrastructure research;
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(G) two members who are representatives from
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| nonprofit civic organizations;
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(H) one member who is a representative from a
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| statewide organization representing environmental organizations;
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(I) two members who are representatives from
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(J) one member representing an environmental
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| justice organization; and
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(5) ten members who are the mayors of the 10 largest
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| municipalities in Illinois by population, or their respective designees.
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No less than 10 of the 28 voting members shall be persons of color, and no less than 3 shall represent communities defined or self-identified as environmental justice communities.
Advisory Board members shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties from funds appropriated for that purpose. The Agency shall provide administrative support to the Advisory Board.
The Advisory Board shall meet no less than once every 6 months.
(y) The Advisory Board shall have, at a minimum, the following duties:
(1) advising the Agency on best practices in lead
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| service line replacement;
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(2) reviewing the progress of community water
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| supplies toward lead service line replacement goals;
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(3) advising the Agency on other matters related to
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| the administration of the provisions of this Section;
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(4) advising the Agency on the integration of
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| existing lead service line replacement plans with any statewide plan; and
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(5) providing technical support and practical
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(z) Within 18 months after January 1, 2022 (the effective date of Public Act 102-613), the Advisory Board shall deliver a report of its recommendations to the Governor and the General Assembly concerning opportunities for dedicated, long-term revenue options for funding lead service line replacement. In submitting recommendations, the Advisory Board shall consider, at a minimum, the following:
(1) the sufficiency of various revenue sources to
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| adequately fund replacement of all lead service lines in Illinois;
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(2) the financial burden, if any, on households
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| falling below 150% of the federal poverty limit;
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(3) revenue options that guarantee low-income
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| households are protected from rate increases;
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(4) an assessment of the ability of community water
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| supplies to assess and collect revenue;
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(5) variations in financial resources among
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| individual households within a service area; and
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(6) the protection of low-income households from rate
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(aa) Within 10 years after January 1, 2022 (the effective date of Public Act 102-613), the Advisory Board shall prepare and deliver a report to the Governor and General Assembly concerning the status of all lead service line replacement within the State.
(bb) The Lead Service Line Replacement Fund is created as a special fund in the State treasury to be used by the Agency for the purposes provided under this Section. The Fund shall be used exclusively to finance and administer programs and activities specified under this Section and listed under this subsection.
The objective of the Fund is to finance activities associated with identifying and replacing lead service lines, build Agency capacity to oversee the provisions of this Section, and provide related assistance for the activities listed under this subsection.
The Agency shall be responsible for the administration of the Fund and shall allocate moneys on the basis of priorities established by the Agency through administrative rule. On July 1, 2022 and on July 1 of each year thereafter, the Agency shall determine the available amount of resources in the Fund that can be allocated to the activities identified under this Section and shall allocate the moneys accordingly.
Notwithstanding any other law to the contrary, the Lead Service Line Replacement Fund is not subject to sweeps, administrative charge-backs, or any other fiscal maneuver that would in any way transfer any amounts from the Lead Service Line Replacement Fund into any other fund of the State.
(cc) Within one year after January 1, 2022 (the effective date of Public Act 102-613), the Agency shall design rules for a program for the purpose of administering lead service line replacement funds. The rules must, at minimum, contain:
(1) the process by which community water supplies may
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(2) the criteria for determining unit of local
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| government eligibility and prioritization for funding, including the prevalence of low-income households, as measured by median household income, the prevalence of lead service lines, and the prevalence of water samples that demonstrate elevated levels of lead.
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(dd) Funding under subsection (cc) shall be available for costs directly attributable to the planning, design, or construction directly related to the replacement of lead service lines and restoration of property.
Funding shall not be used for the general operating expenses of a municipality or community water supply.
(ee) An owner or operator of any community water supply receiving grant funding under subsection (cc) shall bear the entire expense of full lead service line replacement for all lead service lines in the scope of the grant.
(ff) When replacing a lead service line, the owner or operator of the community water supply shall replace the service line in its entirety, including, but not limited to, any portion of the service line (i) running on private property and (ii) within the building's plumbing at the first shut-off valve. Partial lead service line replacements are expressly prohibited. Exceptions shall be made under the following circumstances:
(1) In the event of an emergency repair that affects
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| a lead service line or a suspected lead service line, a community water supply must contact the building owner to begin the process of replacing the entire service line. If the building owner is not able to be contacted or the building owner or occupant refuses to grant access and permission to replace the entire service line at the time of the emergency repair, then the community water supply may perform a partial lead service line replacement. Where an emergency repair on a service line constructed of lead or galvanized steel pipe results in a partial service line replacement, the water supply responsible for commencing the repair shall perform the following:
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(A) Notify the building's owner or operator and
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| the resident or residents served by the lead service line in writing that a repair has been completed. The notification shall include, at a minimum:
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(i) a warning that the work may result in
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| sediment, possibly containing lead, in the buildings water supply system;
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(ii) information concerning practices for
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| preventing the consumption of any lead in drinking water, including a recommendation to flush water distribution pipe during and after the completion of the repair or replacement work and to clean faucet aerator screens; and
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(iii) information regarding the dangers of
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| lead to young children and pregnant women.
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(B) Provide filters for at least one fixture
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| supplying potable water for consumption. The filter must be certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 for the reduction of lead and particulate. The filter must be provided until such time that the remaining portions of the service line have been replaced with a material approved by the Department or a waiver has been issued under subsection (ii).
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(C) Replace the remaining portion of the lead
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| service line within 30 days of the repair, or 120 days in the event of weather or other circumstances beyond reasonable control that prohibits construction. If a complete lead service line replacement cannot be made within the required period, the community water supply responsible for commencing the repair shall notify the Department in writing, at a minimum, of the following within 24 hours of the repair:
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(i) an explanation of why it is not feasible
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| to replace the remaining portion of the lead service line within the allotted time; and
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(ii) a timeline for when the remaining
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| portion of the lead service line will be replaced.
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(D) If complete repair of a lead service line
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| cannot be completed due to denial by the property owner, the community water supply commencing the repair shall request the affected property owner to sign a waiver developed by the Department. If a property owner of a nonresidential building or residence operating as rental properties denies a complete lead service line replacement, the property owner shall be responsible for installing and maintaining point-of-use filters certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 for the reduction of lead and particulate at all fixtures intended to supply water for the purposes of drinking, food preparation, or making baby formula. The filters shall continue to be supplied by the property owner until such time that the property owner has affected the remaining portions of the lead service line to be replaced.
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(E) Document any remaining lead service line,
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| including a portion on the private side of the property, in the community water supply's distribution system materials inventory required under subsection (d).
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For the purposes of this paragraph (1), written
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| notice shall be provided in the method and according to the provisions of subsection (jj).
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(2) Lead service lines that are physically
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| disconnected from the distribution system are exempt from this subsection.
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(gg) Except as provided in subsection (hh), on and after January 1, 2022, when the owner or operator of a community water supply replaces a water main, the community water supply shall identify all lead service lines connected to the water main and shall replace the lead service lines by:
(1) identifying the material or materials of each
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| lead service line connected to the water main, including, but not limited to, any portion of the service line (i) running on private property and (ii) within the building plumbing at the first shut-off valve or 18 inches inside the building, whichever is shorter;
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(2) in conjunction with replacement of the water
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| main, replacing any and all portions of each lead service line connected to the water main that are composed of lead; and
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(3) if a property owner or customer refuses to grant
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| access to the property, following prescribed notice provisions as outlined in subsection (ff).
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If an owner of a potentially affected building intends to replace a portion of a lead service line or a galvanized service line and the galvanized service line is or was connected downstream to lead piping, then the owner of the potentially affected building shall provide the owner or operator of the community water supply with notice at least 45 days before commencing the work. In the case of an emergency repair, the owner of the potentially affected building must provide filters for each kitchen area that are certified by an accredited third-party certification body to NSF/ANSI 53 and NSF/ANSI 42 for the reduction of lead and particulate. If the owner of the potentially affected building notifies the owner or operator of the community water supply that replacement of a portion of the lead service line after the emergency repair is completed, then the owner or operator of the community water supply shall replace the remainder of the lead service line within 30 days after completion of the emergency repair. A community water supply may take up to 120 days if necessary due to weather conditions. If a replacement takes longer than 30 days, filters provided by the owner of the potentially affected building must be replaced in accordance with the manufacturer's recommendations. Partial lead service line replacements by the owners of potentially affected buildings are otherwise prohibited.
(hh) For municipalities with a population in excess of 1,000,000 inhabitants, the requirements of subsection (gg) shall commence on January 1, 2023.
(ii) At least 45 days before conducting planned lead service line replacement, the owner or operator of a community water supply shall, by mail, attempt to contact the owner of the potentially affected building serviced by the lead service line to request access to the building and permission to replace the lead service line in accordance with the lead service line replacement plan. If the owner of the potentially affected building does not respond to the request within 15 days after the request is sent, the owner or operator of the community water supply shall attempt to post the request on the entrance of the potentially affected building.
If the owner or operator of a community water supply is unable to obtain approval to access and replace a lead service line, the owner or operator of the community water supply shall request that the owner of the potentially affected building sign a waiver. The waiver shall be developed by the Department and should be made available in the owner's language. If the owner of the potentially affected building refuses to sign the waiver or fails to respond to the community water supply after the community water supply has complied with this subsection, then the community water supply shall notify the Department in writing within 15 working days.
(jj) When replacing a lead service line or repairing or replacing water mains with lead service lines or partial lead service lines attached to them, the owner or operator of a community water supply shall provide the owner of each potentially affected building that is serviced by the affected lead service lines or partial lead service lines, as well as the occupants of those buildings, with an individual written notice. The notice shall be delivered by mail or posted at the primary entranceway of the building. The notice must, in addition, be electronically mailed where an electronic mailing address is known or can be reasonably obtained. Written notice shall include, at a minimum, the following:
(1) a warning that the work may result in sediment,
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| possibly containing lead from the service line, in the building's water;
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(2) information concerning the best practices for
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| preventing exposure to or risk of consumption of lead in drinking water, including a recommendation to flush water lines during and after the completion of the repair or replacement work and to clean faucet aerator screens; and
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(3) information regarding the dangers of lead
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| exposure to young children and pregnant women.
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When the individual written notice described in the first paragraph of this subsection is required as a result of planned work other than the repair or replacement of a water meter, the owner or operator of the community water supply shall provide the notice not less than 14 days before work begins. When the individual written notice described in the first paragraph of this subsection is required as a result of emergency repairs other than the repair or replacement of a water meter, the owner or operator of the community water supply shall provide the notice at the time the work is initiated. When the individual written notice described in the first paragraph of this subsection is required as a result of the repair or replacement of a water meter, the owner or operator of the community water supply shall provide the notice at the time the work is initiated.
The notifications required under this subsection must contain the following
statement in Spanish, Polish, Chinese, Tagalog, Arabic, Korean, German, Urdu, and
Gujarati:
"This notice contains important information about your water service and may affect your
rights. We encourage you to have this notice translated in full into a language you
understand and before you make any decisions that may be required under this notice."
An owner or operator of a community water supply that is required under this subsection to provide an individual written notice to the owner and occupant of a potentially affected building that is a multi-dwelling building may satisfy that requirement and the requirements of this subsection regarding notification to non-English speaking customers by posting the required notice on the primary entranceway of the building and at the location where the occupant's mail is delivered as reasonably as possible.
When this subsection would require the owner or operator of a community water supply to provide an individual written notice to the entire community served by the community water supply or would require the owner or operator of a community water supply to provide individual written notices as a result of emergency repairs or when the community water supply that is required to comply with this subsection is a small system, the owner or operator of the community water supply may provide the required notice through local media outlets, social media, or other similar means in lieu of providing the individual written notices otherwise required under this subsection.
No notifications are required under this subsection for work performed on water mains that are used to transmit treated water between community water supplies and properties that have no service connections.
(kk) No community water supply that sells water to any wholesale or retail consecutive community water supply may pass on any costs associated with compliance with this Section to consecutive systems.
(ll) To the extent allowed by law, when a community water supply replaces or installs a lead service line in a public right-of-way or enters into an agreement with a private contractor for replacement or installation of a lead service line, the community water supply shall be held harmless for all damage to property when replacing or installing the lead service line. If dangers are encountered that prevent the replacement of the lead service line, the community water supply shall notify the Department within 15 working days of why the replacement of the lead service line could not be accomplished.
(mm) The Agency may propose to the Board, and the Board may adopt, any rules necessary to implement and administer this Section. The Department may adopt rules necessary to address lead service lines attached to non-community water supplies.
(nn) Notwithstanding any other provision in this Section, no requirement in this Section shall be construed as being less stringent than existing applicable federal requirements.
(oo) All lead service line replacements financed in whole or in part with funds obtained under this Section shall be considered public works for purposes of the Prevailing Wage Act.
(pp) Beginning in 2023, each municipality with a population of more than 1,000,000 inhabitants shall publicly post on its website data describing progress the municipality has made toward replacing lead service lines within the municipality. The data required to be posted under this subsection shall be the same information required to be reported under paragraphs (1) through (4) of subsection (t-5) of this Section. Beginning in 2024, each municipality that is subject to this subsection shall annually update the data posted on its website under this subsection. A municipality's duty to post data under this subsection terminates only when all lead service lines within the municipality have been replaced. Nothing in this subsection (pp) shall be construed to replace, undermine, conflict with, or otherwise amend the responsibilities and requirements set forth in subsection (t-5) of this Section.
(Source: P.A. 102-613, eff. 1-1-22; 102-813, eff. 5-13-22; 103-167, eff. 6-30-23.)
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(415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
Sec. 19.3. Water Revolving Fund.
(a) There is hereby created within the State Treasury a Water Revolving
Fund, consisting of 3 interest-bearing special programs to be known as the
Water Pollution Control Loan Program, the Public Water Supply Loan Program, and
the Loan Support Program, which shall be used and administered by the Agency.
(b) The Water Pollution Control Loan Program shall be used and administered
by the Agency to provide assistance for the following purposes:
(1) to accept and retain funds from grant awards, |
| appropriations, transfers, and payments of interest and principal;
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|
(2) to make direct loans at or below market interest
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| rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit to finance the construction of treatments works, including storm water treatment systems that are treatment works, and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;
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(2.5) with respect to funds provided under the
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| American Recovery and Reinvestment Act of 2009:
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|
(A) to make direct loans at or below market
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| interest rates to any eligible local government unit and to provide additional subsidization to any eligible local government unit, including, but not limited to, forgiveness of principal, negative interest rates, and grants;
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|
(B) to make direct loans at or below market
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| interest rates to any eligible local government unit to buy or refinance debt obligations for treatment works incurred on or after October 1, 2008; and
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(C) to provide additional subsidization,
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| including, but not limited to, forgiveness of principal, negative interest rates, and grants for treatment works incurred on or after October 1, 2008;
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|
(3) to make direct loans at or below market interest
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| rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit to buy or refinance debt obligations for costs incurred after March 7, 1985, for the construction of treatment works, including storm water treatment systems that are treatment works, and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;
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(3.5) to make loans, including, but not limited to,
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| loans through a linked deposit program, at or below market interest rates for the implementation of a management program established under Section 319 of the Federal Water Pollution Control Act, as amended;
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|
(4) to guarantee or purchase insurance for local
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| obligations where such action would improve credit market access or reduce interest rates;
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(5) as a source of revenue or security for the
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| payment of principal and interest on revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of such bonds will be deposited in the Fund;
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(6) to finance the reasonable costs incurred by the
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| Agency in the administration of the Fund;
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(7) to transfer funds to the Public Water Supply Loan
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(8) notwithstanding any other provision of this
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| subsection (b), to provide, in accordance with rules adopted under this Title, any other financial assistance that may be provided under Section 603 of the Federal Water Pollution Control Act for any other projects or activities eligible for assistance under that Section or federal rules adopted to implement that Section.
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|
(c) The Loan Support Program shall be used and administered by the Agency
for the following purposes:
(1) to accept and retain funds from grant awards and
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|
(2) to finance the reasonable costs incurred by the
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| Agency in the administration of the Fund, including activities under Title III of this Act, including the administration of the State construction grant program;
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(3) to transfer funds to the Water Pollution Control
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| Loan Program and the Public Water Supply Loan Program;
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|
(4) to accept and retain a portion of the loan
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(5) to finance the development of the low interest
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| loan programs for water pollution control and public water supply projects;
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(6) to finance the reasonable costs incurred by the
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| Agency to provide technical assistance for public water supplies; and
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(7) to finance the reasonable costs incurred by the
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| Agency for public water system supervision programs, to administer or provide for technical assistance through source water protection programs, to develop and implement a capacity development strategy, to delineate and assess source water protection areas, and for an operator certification program in accordance with Section 1452 of the federal Safe Drinking Water Act.
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|
(d) The Public Water Supply Loan Program shall be used and administered by
the Agency to provide assistance to local government units and privately owned
community water supplies for public water
supplies for the following public purposes:
(1) to accept and retain funds from grant awards,
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| appropriations, transfers, and payments of interest and principal;
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|
(2) to make direct loans at or below market interest
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| rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit or to any eligible privately owned community water supply to finance the construction of water supplies and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;
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|
(2.5) with respect to funds provided under the
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| American Recovery and Reinvestment Act of 2009:
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|
(A) to make direct loans at or below market
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| interest rates to any eligible local government unit or to any eligible privately owned community water supply, and to provide additional subsidization to any eligible local government unit or to any eligible privately owned community water supply, including, but not limited to, forgiveness of principal, negative interest rates, and grants;
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|
(B) to buy or refinance the debt obligation of a
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| local government unit for costs incurred on or after October 1, 2008; and
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|
(C) to provide additional subsidization,
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| including, but not limited to, forgiveness of principal, negative interest rates, and grants for a local government unit for costs incurred on or after October 1, 2008;
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|
(3) to make direct loans at or below market interest
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| rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit or to any eligible privately owned community water supply to buy or refinance debt obligations for costs incurred on or after July 17, 1997, for the construction of water supplies and projects that fulfill federal State Revolving Fund requirements for a green project reserve;
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|
(4) to guarantee local obligations where such action
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| would improve credit market access or reduce interest rates;
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|
(5) as a source of revenue or security for the
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| payment of principal and interest on revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of such bonds will be deposited into the Fund;
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|
(6) to transfer funds to the Water Pollution Control
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|
(7) notwithstanding any other provision of this
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| subsection (d), to provide to local government units and privately owned community water supplies any other financial assistance that may be provided under Section 1452 of the federal Safe Drinking Water Act for any expenditures eligible for assistance under that Section or federal rules adopted to implement that Section.
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|
(e) The Agency is designated as the administering agency of the Fund.
The Agency shall submit to the Regional Administrator of the United States
Environmental Protection Agency an intended use plan which outlines the
proposed use of funds available to the State. The Agency shall take all
actions necessary to secure to the State the benefits of the federal
Water Pollution Control Act and the federal Safe Drinking Water Act, as now
or hereafter amended.
(f) The Agency shall have the power to enter into intergovernmental
agreements with the federal government or the State, or any instrumentality
thereof, for purposes of capitalizing the Water Revolving Fund.
Moneys on deposit in the Water Revolving Fund may be used for the
creation of reserve funds or pledged funds that secure the obligations
of repayment of loans made pursuant to this Section. For the purpose
of obtaining capital for deposit into the Water Revolving Fund, the
Agency may also enter into agreements with financial institutions and other
persons for the purpose of selling loans and developing a secondary market
for such loans. The Agency shall have the power to create and establish such
reserve funds and accounts as may be necessary or desirable to accomplish its
purposes under this subsection and to allocate its available moneys into such
funds and accounts. Investment earnings on moneys held in the Water Revolving
Fund, including any reserve fund or pledged fund, shall be deposited into the
Water Revolving Fund.
(g) Beginning on the effective date of this amendatory Act of the 101st General Assembly, and running for a period of 5 years after that date, the Agency shall prioritize within its annual intended use plan the usage of a portion of the Agency's capitalization grant for federally authorized set-aside activities. The prioritization is for the purpose of supporting disadvantaged communities and utilities throughout Illinois in building their capacity for sustainable and equitable water management. This may include, but is not limited to, assistance for water rate studies, preliminary engineering or other facility planning, training activities, asset management plans, assistance with identification and replacement of lead service lines, and studies of efficiency measures through utility regionalization or other collaborative intergovernmental approaches.
(Source: P.A. 101-143, eff. 1-1-20 .)
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(415 ILCS 5/20) (from Ch. 111 1/2, par. 1020)
Sec. 20.
(a) The General Assembly finds:
(1) that economic and population growth and new |
| methods of manufacture, packaging, and marketing, without the parallel growth of facilities enabling and ensuring the recycling, reuse and conservation of natural resources and solid waste, have resulted in a rising tide of scrap and waste materials of all kinds;
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|
(2) that excessive quantities of refuse and
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| inefficient and improper methods of refuse disposal result in scenic blight, cause serious hazards to public health and safety, create public nuisances, divert land from more productive uses, depress the value of nearby property, offend the senses, and otherwise interfere with community life and development;
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|
(3) that the failure to salvage and reuse scrap and
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| refuse results in the waste and depletion of our natural resources and contributes to the degradation of our environment;
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|
(4) that hazardous waste presents, in addition to the
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| problems associated with non-hazardous waste, special dangers to health and requires a greater degree of regulation than does non-hazardous waste;
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|
(5) that Subtitle C of the Resource Conservation and
|
| Recovery Act of 1976 (P.L. 94-580), as amended, provides for comprehensive regulation of the treatment, storage, disposal, transportation and generation of hazardous waste;
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|
(6) that it would be inappropriate for the State of
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| Illinois to adopt a hazardous waste management program that is less stringent than or conflicts with federal law;
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|
(7) that Subtitle C of the Resource Conservation and
|
| Recovery Act of 1976 (P.L. 94-580), as amended, provides that the United States Environmental Protection Agency shall implement the hazardous waste management program authorized therein unless (a) the State is authorized by and under its law to establish and administer its own hazardous waste management program, and (b) pursuant to such federal Act, the Administrator of the United States Environmental Protection Agency finds that the State hazardous waste program is equivalent to the federal program;
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|
(8) that it is in the interest of the people of the
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| State of Illinois to authorize such a hazardous waste management program and secure federal approval thereof, and thereby to avoid the existence of duplicative, overlapping or conflicting state and federal programs;
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|
(9) that the federal requirements for the securing of
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| such State hazardous waste management program approval, as set forth in Subtitle C of the Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as amended, and in regulations promulgated by the Administrator of the United States Environmental Protection Agency pursuant thereto are complex and detailed, and the General Assembly cannot conveniently or advantageously set forth in this Act all the requirements of such federal Act or all regulations which may be established thereunder;
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|
(10) that the handling, storage and disposal of
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| hazardous substances and petroleum pose a danger of exposing citizens, property, natural resources and the environment to substantial risk of harm or degradation, that the Agency is authorized by this Act to use public funds to respond to and correct releases of hazardous substances and petroleum, that by doing such the value of property is enhanced or preserved, that persons should not receive a financial benefit at the expense of public funds when the Agency performs a cleanup, and that establishing environmental reclamation liens on property subject to response or corrective action will help assure that public funds are recompensed;
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|
(11) that Subtitle D of the Resource Conservation and
|
| Recovery Act of 1976 (P.L. 94-580), as amended, provides for comprehensive regulation of the disposal of solid waste;
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|
(12) that it would be inappropriate for the State of
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| Illinois to adopt a solid waste management program that is less stringent than or conflicts with federal law;
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|
(13) that Subtitle D of the Resource Conservation and
|
| Recovery Act of 1976 (P.L. 94-580), as amended, provides that the United States Environmental Protection Agency shall implement the solid waste management program authorized in that Act unless (i) the State is authorized by and under its law to establish and administer its own solid waste management program, and (ii) pursuant to such federal Act, the Administrator of the United States Environmental Protection Agency finds that the State solid waste program is equivalent to the federal program;
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|
(14) that it is in the interest of the people of the
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| State of Illinois to authorize such a solid waste management program and secure federal approval of the program, and thereby avoid the existence of duplicative, overlapping or conflicting State and federal programs;
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|
(15) that the federal requirements for the securing
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| of State solid waste management program approval, as set forth in Subtitle D of the Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as amended, and in regulations promulgated by the Administrator of the United States Environmental Protection Agency under that Act are complex and detailed, and the General Assembly cannot conveniently or advantageously set forth in this Act all the requirements of the federal Act or all regulations which may be established under the federal Act.
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|
(b) It is the purpose of this Title to prevent the pollution or misuse of
land, to promote the conservation of natural resources and minimize
environmental damage by reducing the difficulty of disposal of wastes and
encouraging and effecting the recycling and reuse of waste materials, and
upgrading waste collection, treatment, storage, and disposal practices;
and to authorize, empower, and direct the Board to adopt such regulations
and the Agency to adopt such procedures as will enable the State to secure
federal approval of the State hazardous waste and solid waste management
programs pursuant to the provisions of subtitles C and D of the Resource
Conservation and Recovery Act of 1976 (P.L. 94-580), as amended, and federal
regulations pursuant thereto.
(c) It is in the public interest to encourage the recycling and reuse
of materials such as paper and paperboard and that the Board and the Agency
in their planning and in the adoption, interpretation, and enforcement of
regulations and standards shall encourage such recycling and reuse to the
extent consistent with federal requirements.
(d) The General Assembly finds:
(1) that an increase in the hazardous waste disposal
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| fee is necessary to provide increased funding for hazardous waste cleanup activities;
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|
(2) that there are wastes currently being treated,
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| stored or disposed of on-site which, because of changing federal regulations or other factors, may be disposed of off-site;
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|
(3) that State policy and programs should be
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| developed to assist local governments and private industry in seeking solutions to hazardous waste management problems;
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|
(4) that there are wastes which may have reduced
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| environmental threat when disposed of in monofills because they are non-putrescible, homogeneous, do not contain free liquids, or for other reasons;
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|
(5) that both permitted or interim status on-site and
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| off-site hazardous waste disposal facilities are covered by financial responsibility requirements to assure funding removal or remedial actions;
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|
(6) that the disposal of wastes in monofills
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| receiving only the same type of waste or compatible materials may facilitate future recovery of materials when it becomes technically feasible;
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|
(7) that for these and other reasons there are
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| limitations on the amount of hazardous waste treatment and disposal fees on various activities under current law, and that a similar limitation is appropriate for generators disposing in monofills.
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|
(e) The General Assembly finds that:
(1) It is the policy of the State of Illinois, as
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| expressed in the Environmental Protection Act, the Illinois Solid Waste Management Act, the Solid Waste Planning and Recycling Act and other laws, to collect information about the disposal of waste at landfills and incinerators in Illinois.
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|
(2) Some disposal facilities in Illinois are quickly
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| using up scarce waste disposal capacity because of the importation of waste from outside the State.
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|
(3) In order to evaluate current waste handling
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| capacity and future trends in waste handling, the State of Illinois needs to collect information on the quantities of waste being brought into the State for disposal.
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|
(4) By collecting data relating to the movement of
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| solid waste into Illinois, the State of Illinois will be able to more effectively assign resources to educate persons about, and assure compliance with, Illinois disposal restrictions, and will be able to more effectively plan for future waste management needs.
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|
(Source: P.A. 87-484; 88-496.)
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(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
Sec. 21. Prohibited acts. No person shall:
(a) Cause or allow the open dumping of any waste.
(b) Abandon, dump, or deposit any waste upon the public highways or
other public property, except in a sanitary landfill approved by the
Agency pursuant to regulations adopted by the Board.
(c) Abandon any vehicle in violation of the "Abandoned Vehicles
Amendment to the Illinois Vehicle Code", as enacted by the 76th General
Assembly.
(d) Conduct any waste-storage, waste-treatment, or waste-disposal
operation:
(1) without a permit granted by the Agency or in |
| violation of any conditions imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with regulations and standards adopted thereunder; provided, however, that, except for municipal solid waste landfill units that receive waste on or after October 9, 1993, and CCR surface impoundments, no permit shall be required for (i) any person conducting a waste-storage, waste-treatment, or waste-disposal operation for wastes generated by such person's own activities which are stored, treated, or disposed within the site where such wastes are generated, (ii) until one year after the effective date of rules adopted by the Board under subsection (n) of Section 22.38, a facility located in a county with a population over 700,000 as of January 1, 2000, operated and located in accordance with Section 22.38 of this Act, and used exclusively for the transfer, storage, or treatment of general construction or demolition debris, provided that the facility was receiving construction or demolition debris on August 24, 2009 (the effective date of Public Act 96-611), or (iii) any person conducting a waste transfer, storage, treatment, or disposal operation, including, but not limited to, a waste transfer or waste composting operation, under a mass animal mortality event plan created by the Department of Agriculture;
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|
(2) in violation of any regulations or standards
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| adopted by the Board under this Act;
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|
(3) which receives waste after August 31, 1988, does
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| not have a permit issued by the Agency, and is (i) a landfill used exclusively for the disposal of waste generated at the site, (ii) a surface impoundment receiving special waste not listed in an NPDES permit, (iii) a waste pile in which the total volume of waste is greater than 100 cubic yards or the waste is stored for over one year, or (iv) a land treatment facility receiving special waste generated at the site; without giving notice of the operation to the Agency by January 1, 1989, or 30 days after the date on which the operation commences, whichever is later, and every 3 years thereafter. The form for such notification shall be specified by the Agency, and shall be limited to information regarding: the name and address of the location of the operation; the type of operation; the types and amounts of waste stored, treated or disposed of on an annual basis; the remaining capacity of the operation; and the remaining expected life of the operation.
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|
Item (3) of this subsection (d) shall not apply to any person
engaged in agricultural activity who is disposing of a substance that
constitutes solid waste, if the substance was acquired for use by that
person on his own property, and the substance is disposed of on his own
property in accordance with regulations or standards adopted by the Board.
This subsection (d) shall not apply to hazardous waste.
(e) Dispose, treat, store or abandon any waste, or transport any waste
into this State for disposal, treatment, storage or abandonment, except at
a site or facility which meets the requirements of this Act and of
regulations and standards thereunder.
(f) Conduct any hazardous waste-storage, hazardous waste-treatment or
hazardous waste-disposal operation:
(1) without a RCRA permit for the site issued by the
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| Agency under subsection (d) of Section 39 of this Act, or in violation of any condition imposed by such permit, including periodic reports and full access to adequate records and the inspection of facilities, as may be necessary to assure compliance with this Act and with regulations and standards adopted thereunder; or
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|
(2) in violation of any regulations or standards
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| adopted by the Board under this Act; or
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|
(3) in violation of any RCRA permit filing
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| requirement established under standards adopted by the Board under this Act; or
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|
(4) in violation of any order adopted by the Board
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|
Notwithstanding the above, no RCRA permit shall be required under this
subsection or subsection (d) of Section 39 of this Act for any
person engaged in agricultural activity who is disposing of a substance
which has been identified as a hazardous waste, and which has been
designated by Board regulations as being subject to this exception, if the
substance was acquired for use by that person on his own property and the
substance is disposed of on his own property in accordance with regulations
or standards adopted by the Board.
(g) Conduct any hazardous waste-transportation operation:
(1) without registering with and obtaining a special
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| waste hauling permit from the Agency in accordance with the regulations adopted by the Board under this Act; or
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|
(2) in violation of any regulations or standards
|
| adopted by the Board under this Act.
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|
(h) Conduct any hazardous waste-recycling or hazardous waste-reclamation
or hazardous waste-reuse operation in violation of any regulations, standards
or permit requirements adopted by the Board under this Act.
(i) Conduct any process or engage in any act which produces hazardous
waste in violation of any regulations or standards adopted by the Board
under subsections (a) and (c) of Section 22.4 of this Act.
(j) Conduct any special waste-transportation operation in violation
of any regulations, standards or permit requirements adopted by the Board
under this Act. However, sludge from a water or sewage treatment plant
owned and operated by a unit of local government which (1) is subject to a
sludge management plan approved by the Agency or a permit granted by the
Agency, and (2) has been tested and determined not to be a hazardous waste
as required by applicable State and federal laws and regulations, may be
transported in this State without a special waste hauling permit, and the
preparation and carrying of a manifest shall not be required for such
sludge under the rules of the Pollution Control Board. The unit of local
government which operates the treatment plant producing such sludge shall
file an annual report with the Agency identifying the volume of such
sludge transported during the reporting period, the hauler of the sludge,
and the disposal sites to which it was transported. This subsection (j)
shall not apply to hazardous waste.
(k) Fail or refuse to pay any fee imposed under this Act.
(l) Locate a hazardous waste disposal site above an active or
inactive shaft or tunneled mine or within 2 miles of an active fault in
the earth's crust. In counties of population less than 225,000 no
hazardous waste disposal site shall be located (1) within 1 1/2 miles of
the corporate limits as defined on June 30, 1978, of any municipality
without the approval of the governing body of the municipality in an
official action; or (2) within 1000 feet of an existing private well or
the existing source of a public water supply measured from the boundary
of the actual active permitted site and excluding existing private wells
on the property of the permit applicant. The provisions of this
subsection do not apply to publicly owned sewage works or the disposal
or utilization of sludge from publicly owned sewage works.
(m) Transfer interest in any land which has been used as a
hazardous waste disposal site without written notification to the Agency
of the transfer and to the transferee of the conditions imposed by the Agency
upon its use under subsection (g) of Section 39.
(n) Use any land which has been used as a hazardous waste
disposal site except in compliance with conditions imposed by the Agency
under subsection (g) of Section 39.
(o) Conduct a sanitary landfill operation which is required to have a
permit under subsection (d) of this Section, in a manner which results in
any of the following conditions:
(1) refuse in standing or flowing waters;
(2) leachate flows entering waters of the State;
(3) leachate flows exiting the landfill confines (as
|
| determined by the boundaries established for the landfill by a permit issued by the Agency);
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|
(4) open burning of refuse in violation of Section 9
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|
(5) uncovered refuse remaining from any previous
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| operating day or at the conclusion of any operating day, unless authorized by permit;
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|
(6) failure to provide final cover within time limits
|
| established by Board regulations;
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|
(7) acceptance of wastes without necessary permits;
(8) scavenging as defined by Board regulations;
(9) deposition of refuse in any unpermitted portion
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|
(10) acceptance of a special waste without a required
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|
(11) failure to submit reports required by permits or
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|
(12) failure to collect and contain litter from the
|
| site by the end of each operating day;
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|
(13) failure to submit any cost estimate for the site
|
| or any performance bond or other security for the site as required by this Act or Board rules.
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|
The prohibitions specified in this subsection (o) shall be enforceable by
the Agency either by administrative citation under Section 31.1 of this Act
or as otherwise provided by this Act. The specific prohibitions in this
subsection do not limit the power of the Board to establish regulations
or standards applicable to sanitary landfills.
(p) In violation of subdivision (a) of this Section, cause or allow the
open dumping of any waste in a manner which results in any of the following
occurrences at the dump site:
(1) litter;
(2) scavenging;
(3) open burning;
(4) deposition of waste in standing or flowing waters;
(5) proliferation of disease vectors;
(6) standing or flowing liquid discharge from the
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|
(7) deposition of:
(i) general construction or demolition debris as
|
| defined in Section 3.160(a) of this Act; or
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|
(ii) clean construction or demolition debris as
|
| defined in Section 3.160(b) of this Act.
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|
The prohibitions specified in this subsection (p) shall be
enforceable by the Agency either by administrative citation under Section
31.1 of this Act or as otherwise provided by this Act. The specific
prohibitions in this subsection do not limit the power of the Board to
establish regulations or standards applicable to open dumping.
(q) Conduct a landscape waste composting operation without an Agency
permit, provided, however, that no permit shall be required for any person:
(1) conducting a landscape waste composting operation
|
| for landscape wastes generated by such person's own activities which are stored, treated, or disposed of within the site where such wastes are generated; or
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|
(1.5) conducting a landscape waste composting
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| operation that (i) has no more than 25 cubic yards of landscape waste, composting additives, composting material, or end-product compost on-site at any one time and (ii) is not engaging in commercial activity; or
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|
(2) applying landscape waste or composted landscape
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| waste at agronomic rates; or
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|
(2.5) operating a landscape waste composting facility
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| at a site having 10 or more occupied non-farm residences within 1/2 mile of its boundaries, if the facility meets all of the following criteria:
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|
(A) the composting facility is operated by the
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| farmer on property on which the composting material is utilized, and the composting facility constitutes no more than 2% of the site's total acreage;
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|
(A-5) any composting additives that the
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| composting facility accepts and uses at the facility are necessary to provide proper conditions for composting and do not exceed 10% of the total composting material at the facility at any one time;
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|
(B) the property on which the composting facility
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| is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased, or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with or controlled by any such waste hauler or generator;
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|
(C) all compost generated by the composting
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| facility, except incidental sales of finished compost, is applied at agronomic rates and used as mulch, fertilizer, or soil conditioner on land actually farmed by the person operating the composting facility, and the finished compost is not stored at the composting site for a period longer than 18 months prior to its application as mulch, fertilizer, or soil conditioner;
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|
(D) no fee is charged for the acceptance of
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| materials to be composted at the facility; and
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|
(E) the owner or operator, by January 1, 2014 (or
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| the January 1 following commencement of operation, whichever is later) and January 1 of each year thereafter, registers the site with the Agency, (ii) reports to the Agency on the volume of composting material received and used at the site; (iii) certifies to the Agency that the site complies with the requirements set forth in subparagraphs (A), (A-5), (B), (C), and (D) of this paragraph (2.5); and (iv) certifies to the Agency that all composting material was placed more than 200 feet from the nearest potable water supply well, was placed outside the boundary of the 10-year floodplain or on a part of the site that is floodproofed, was placed at least 1/4 mile from the nearest residence (other than a residence located on the same property as the facility) or a lesser distance from the nearest residence (other than a residence located on the same property as the facility) if the municipality in which the facility is located has by ordinance approved a lesser distance than 1/4 mile, and was placed more than 5 feet above the water table; any ordinance approving a residential setback of less than 1/4 mile that is used to meet the requirements of this subparagraph (E) of paragraph (2.5) of this subsection must specifically reference this paragraph; or
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|
(3) operating a landscape waste composting facility
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| on a farm, if the facility meets all of the following criteria:
|
|
(A) the composting facility is operated by the
|
| farmer on property on which the composting material is utilized, and the composting facility constitutes no more than 2% of the property's total acreage, except that the Board may allow a higher percentage for individual sites where the owner or operator has demonstrated to the Board that the site's soil characteristics or crop needs require a higher rate;
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|
(A-1) the composting facility accepts from other
|
| agricultural operations for composting with landscape waste no materials other than uncontaminated and source-separated (i) crop residue and other agricultural plant residue generated from the production and harvesting of crops and other customary farm practices, including, but not limited to, stalks, leaves, seed pods, husks, bagasse, and roots and (ii) plant-derived animal bedding, such as straw or sawdust, that is free of manure and was not made from painted or treated wood;
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|
(A-2) any composting additives that the
|
| composting facility accepts and uses at the facility are necessary to provide proper conditions for composting and do not exceed 10% of the total composting material at the facility at any one time;
|
|
(B) the property on which the composting facility
|
| is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with or controlled by any such waste hauler or generator;
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|
(C) all compost generated by the composting
|
| facility, except incidental sales of finished compost, is applied at agronomic rates and used as mulch, fertilizer or soil conditioner on land actually farmed by the person operating the composting facility, and the finished compost is not stored at the composting site for a period longer than 18 months prior to its application as mulch, fertilizer, or soil conditioner;
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|
(D) the owner or operator, by January 1 of each
|
| year, (i) registers the site with the Agency, (ii) reports to the Agency on the volume of composting material received and used at the site and the volume of material comprising the incidental sale of finished compost under this subsection (q), (iii) certifies to the Agency that the site complies with the requirements set forth in subparagraphs (A), (A-1), (A-2), (B), and (C) of this paragraph (q)(3), and (iv) certifies to the Agency that all composting material:
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|
(I) was placed more than 200 feet from the
|
| nearest potable water supply well;
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|
(II) was placed outside the boundary of the
|
| 10-year floodplain or on a part of the site that is floodproofed;
|
|
(III) was placed either (aa) at least 1/4
|
| mile from the nearest residence (other than a residence located on the same property as the facility) and there are not more than 10 occupied non-farm residences within 1/2 mile of the boundaries of the site on the date of application or (bb) a lesser distance from the nearest residence (other than a residence located on the same property as the facility) provided that the municipality or county in which the facility is located has by ordinance approved a lesser distance than 1/4 mile and there are not more than 10 occupied non-farm residences within 1/2 mile of the boundaries of the site on the date of application; and
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|
(IV) was placed more than 5 feet above the
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|
Any ordinance approving a residential setback of
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| less than 1/4 mile that is used to meet the requirements of this subparagraph (D) must specifically reference this subparagraph.
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|
For the purposes of this subsection (q), "agronomic rates" means the
application of not more than 20 tons per acre per year, except that the
Board may allow a higher rate for individual sites where the owner or
operator has demonstrated to the Board that the site's soil
characteristics or crop needs require a higher rate.
For the purposes of this subsection (q), "incidental sale
of finished compost" means the sale of finished compost that
meets general use compost standards and is no more than 20% or
300 cubic yards, whichever is less, of the total compost
created annually by a private landowner for the landowner's own use.
(r) Cause or allow the storage or disposal of coal combustion
waste unless:
(1) such waste is stored or disposed of at a site or
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| facility for which a permit has been obtained or is not otherwise required under subsection (d) of this Section; or
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|
(2) such waste is stored or disposed of as a part of
|
| the design and reclamation of a site or facility which is an abandoned mine site in accordance with the Abandoned Mined Lands and Water Reclamation Act; or
|
|
(3) such waste is stored or disposed of at a site or
|
| facility which is operating under NPDES and Subtitle D permits issued by the Agency pursuant to regulations adopted by the Board for mine-related water pollution and permits issued pursuant to the federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder or any law or rule or regulation adopted by the State of Illinois pursuant thereto, and the owner or operator of the facility agrees to accept the waste; and either:
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|
(i) such waste is stored or disposed of in
|
| accordance with requirements applicable to refuse disposal under regulations adopted by the Board for mine-related water pollution and pursuant to NPDES and Subtitle D permits issued by the Agency under such regulations; or
|
|
(ii) the owner or operator of the facility
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| demonstrates all of the following to the Agency, and the facility is operated in accordance with the demonstration as approved by the Agency: (1) the disposal area will be covered in a manner that will support continuous vegetation, (2) the facility will be adequately protected from wind and water erosion, (3) the pH will be maintained so as to prevent excessive leaching of metal ions, and (4) adequate containment or other measures will be provided to protect surface water and groundwater from contamination at levels prohibited by this Act, the Illinois Groundwater Protection Act, or regulations adopted pursuant thereto.
|
|
Notwithstanding any other provision of this Title, the disposal of coal
combustion waste pursuant to item (2) or (3) of this
subdivision (r) shall
be exempt from the other provisions of this Title V, and notwithstanding
the provisions of Title X of this Act, the Agency is authorized to grant
experimental permits which include provision for the disposal of
wastes from the combustion of coal and other materials pursuant to items
(2) and (3) of this subdivision (r).
(s) After April 1, 1989, offer for transportation, transport, deliver,
receive or accept special waste for which a manifest is required, unless
the manifest indicates that the fee required under Section 22.8 of this
Act has been paid.
(t) Cause or allow a lateral expansion of a municipal solid waste landfill
unit on or after October 9, 1993, without a permit modification, granted by the
Agency, that authorizes the lateral expansion.
(u) Conduct any vegetable by-product treatment, storage, disposal or
transportation operation in violation of any regulation, standards or permit
requirements adopted by the Board under this Act. However, no permit shall be
required under this Title V for the land application of vegetable by-products
conducted pursuant to Agency permit issued under Title III of this Act to
the generator of the vegetable by-products. In addition, vegetable by-products
may be transported in this State without a special waste hauling permit, and
without the preparation and carrying of a manifest.
(v) (Blank).
(w) Conduct any generation, transportation, or recycling of construction or
demolition debris, clean or general, or uncontaminated soil generated during
construction, remodeling, repair, and demolition of utilities, structures, and
roads that is not commingled with any waste, without the maintenance of
documentation identifying the hauler, generator, place of origin of the debris
or soil, the weight or volume of the debris or soil, and the location, owner,
and operator of the facility where the debris or soil was transferred,
disposed, recycled, or treated. This documentation must be maintained by the
generator, transporter, or recycler for 3 years.
This subsection (w) shall not apply to (1) a permitted pollution control
facility that transfers or accepts construction or demolition debris,
clean or general, or uncontaminated soil for final disposal, recycling, or
treatment, (2) a public utility (as that term is defined in the Public
Utilities Act) or a municipal utility, (3) the Illinois Department of
Transportation, or (4) a municipality or a county highway department, with
the exception of any municipality or county highway department located within a
county having a population of over 3,000,000 inhabitants or located in a county
that
is contiguous to a county having a population of over 3,000,000 inhabitants;
but it shall apply to an entity that contracts with a public utility, a
municipal utility, the Illinois Department of Transportation, or a
municipality or a county highway department.
The terms
"generation" and "recycling", as
used in this subsection, do not
apply to clean construction or demolition debris
when (i) used as fill material below grade outside of a setback zone
if covered by sufficient uncontaminated soil to support vegetation within 30
days of the completion of filling or if covered by a road or structure, (ii)
solely broken concrete without
protruding metal bars is used for erosion control, or (iii) milled
asphalt or crushed concrete is used as aggregate in construction of the
shoulder of a roadway. The terms "generation" and "recycling", as used in this
subsection, do not apply to uncontaminated soil
that is not commingled with any waste when (i) used as fill material below
grade or contoured to grade, or (ii) used at the site of generation.
(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff. 1-1-24 .)
|
(415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
Sec. 22.2. Hazardous waste; fees; liability.
(a) There are hereby created within the State Treasury 2
special funds to be known respectively as the "Hazardous Waste Fund" and
the "Hazardous Waste Research Fund", constituted from the fees collected
pursuant to this Section.
In addition to the fees collected under this Section, the Hazardous Waste
Fund shall include other moneys made available from any source for deposit into
the Fund.
(b)(1) On and after January 1, 1989, the Agency shall |
| collect from the owner or operator of each of the following sites a fee in the amount of:
|
|
(A) 9 cents per gallon or $18.18 per cubic yard,
|
| if the hazardous waste disposal site is located off the site where such waste was produced. The maximum amount payable under this subdivision (A) with respect to the hazardous waste generated by a single generator and deposited in monofills is $30,000 per year. If, as a result of the use of multiple monofills, waste fees in excess of the maximum are assessed with respect to a single waste generator, the generator may apply to the Agency for a credit.
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|
(B) 9 cents or $18.18 per cubic yard, if the
|
| hazardous waste disposal site is located on the site where such waste was produced, provided however the maximum amount of fees payable under this paragraph (B) is $30,000 per year for each such hazardous waste disposal site.
|
|
(C) If the hazardous waste disposal site is an
|
| underground injection well, $6,000 per year if not more than 10,000,000 gallons per year are injected, $15,000 per year if more than 10,000,000 gallons but not more than 50,000,000 gallons per year are injected, and $27,000 per year if more than 50,000,000 gallons per year are injected.
|
|
(D) 3 cents per gallon or $6.06 per cubic yard of
|
| hazardous waste received for treatment at a hazardous waste treatment site, if the hazardous waste treatment site is located off the site where such waste was produced and if such hazardous waste treatment site is owned, controlled and operated by a person other than the generator of such waste. After treatment at such hazardous waste treatment site, the waste shall not be subject to any other fee imposed by this subsection (b). For purposes of this subsection (b), the term "treatment" is defined as in Section 3.505 but shall not include recycling, reclamation or reuse.
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|
(2) The General Assembly shall annually appropriate
|
| to the Fund such amounts as it deems necessary to fulfill the purposes of this Act.
|
|
(3) The Agency shall have the authority to accept,
|
| receive, and administer on behalf of the State any moneys made available to the State from any source for the purposes of the Hazardous Waste Fund set forth in subsection (d) of this Section.
|
|
(4) Of the amount collected as fees provided for in
|
| this Section, the Agency shall manage the use of such funds to assure that sufficient funds are available for match towards federal expenditures for response action at sites which are listed on the National Priorities List; provided, however, that this shall not apply to additional monies appropriated to the Fund by the General Assembly, nor shall it apply in the event that the Director finds that revenues in the Hazardous Waste Fund must be used to address conditions which create or may create an immediate danger to the environment or public health or to the welfare of the people of the State of Illinois.
|
|
(5) Notwithstanding the other provisions of this
|
| subsection (b), sludge from a publicly-owned sewage works generated in Illinois, coal mining wastes and refuse generated in Illinois, bottom boiler ash, flyash and flue gas desulphurization sludge from public utility electric generating facilities located in Illinois, and bottom boiler ash and flyash from all incinerators which process solely municipal waste shall not be subject to the fee.
|
|
(6) For the purposes of this subsection (b),
|
| "monofill" means a facility, or a unit at a facility, that accepts only wastes bearing the same USEPA hazardous waste identification number, or compatible wastes as determined by the Agency.
|
|
(c) The Agency shall establish procedures, not later than January 1,
1984, relating to the collection of the fees authorized by this Section.
Such procedures shall include, but not be limited to: (1) necessary records
identifying the quantities of hazardous waste received or disposed; (2) the
form and submission of reports to accompany the payment of fees to the
Agency; and (3) the time and manner of payment of fees to the Agency,
which payments shall be not more often than quarterly.
(d) Beginning July 1, 1996, the Agency shall deposit all such receipts in the State Treasury to the credit of the
Hazardous Waste Fund, except as provided in subsection (e) of this Section.
All monies in the Hazardous Waste Fund shall be used by the Agency for the following purposes:
(1) Taking whatever preventive or corrective action
|
| is necessary or appropriate, in circumstances certified by the Director, including but not limited to removal or remedial action whenever there is a release or substantial threat of a release of a hazardous substance or pesticide; provided, the Agency shall expend no more than $1,000,000 on any single incident without appropriation by the General Assembly.
|
|
(2) To meet any requirements which must be met by the
|
| State in order to obtain federal funds pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (P.L. 96-510).
|
|
(3) In an amount up to 30% of the amount collected as
|
| fees provided for in this Section, for use by the Agency to conduct groundwater protection activities, including providing grants to appropriate units of local government which are addressing protection of underground waters pursuant to the provisions of this Act.
|
|
(4) To fund the development and implementation of the
|
| model pesticide collection program under Section 19.1 of the Illinois Pesticide Act.
|
|
(5) To the extent the Agency has received and
|
| deposited monies in the Fund other than fees collected under subsection (b) of this Section, to pay for the cost of Agency employees for services provided in reviewing the performance of response actions pursuant to Title XVII of this Act.
|
|
(6) In an amount up to 15% of the fees collected
|
| annually under subsection (b) of this Section, for use by the Agency for administration of the provisions of this Section.
|
|
(e) The Agency shall deposit 10% of all receipts collected under subsection
(b) of this Section, but not to exceed $200,000 per year, in the State
Treasury to the credit of the Hazardous Waste Research Fund established by this
Act. Pursuant to appropriation, all monies in such Fund shall be used by the University of Illinois
for the purposes set forth in
this subsection.
The University of Illinois may enter into contracts with business,
industrial, university, governmental or other qualified individuals or
organizations to assist in the research and development intended to recycle,
reduce the volume of, separate, detoxify or reduce the hazardous properties of
hazardous wastes in Illinois. Monies in the Fund may also be used by the University of Illinois
for technical studies, monitoring activities,
and educational and research activities which are related to the protection of
underground waters. Monies in the Hazardous Waste Research Fund may be used to
administer the Illinois Health and Hazardous Substances Registry Act. Monies
in the Hazardous Waste Research Fund shall not be used for any sanitary
landfill or the acquisition or construction of any facility. This does not
preclude the purchase of equipment for the purpose of public demonstration
projects. The University of Illinois shall adopt guidelines for cost
sharing, selecting, and administering projects under this subsection.
(f) Notwithstanding any other provision or rule of law, and subject
only to the defenses set forth in subsection (j) of this Section, the
following persons shall be liable for all costs of removal or remedial
action incurred by the State of Illinois or any unit of local
government as a result of a release or substantial threat of a release of
a hazardous substance or pesticide:
(1) the owner and operator of a facility or vessel
|
| from which there is a release or substantial threat of release of a hazardous substance or pesticide;
|
|
(2) any person who at the time of disposal,
|
| transport, storage or treatment of a hazardous substance or pesticide owned or operated the facility or vessel used for such disposal, transport, treatment or storage from which there was a release or substantial threat of a release of any such hazardous substance or pesticide;
|
|
(3) any person who by contract, agreement, or
|
| otherwise has arranged with another party or entity for transport, storage, disposal or treatment of hazardous substances or pesticides owned, controlled or possessed by such person at a facility owned or operated by another party or entity from which facility there is a release or substantial threat of a release of such hazardous substances or pesticides; and
|
|
(4) any person who accepts or accepted any hazardous
|
| substances or pesticides for transport to disposal, storage or treatment facilities or sites from which there is a release or a substantial threat of a release of a hazardous substance or pesticide.
|
|
Any monies received by the State of Illinois pursuant to this
subsection (f) shall be deposited in the State Treasury to the credit
of the Hazardous Waste Fund.
In accordance with the other provisions of this Section, costs of
removal or remedial action incurred by a unit of local government may be
recovered in an action before the Board brought by the unit of local
government under subsection (i) of this Section. Any monies so recovered
shall be paid to the unit of local government.
(g)(1) No indemnification, hold harmless, or similar
|
| agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who may be liable for a release or substantial threat of a release under this Section, to any other person the liability imposed under this Section. Nothing in this Section shall bar any agreement to insure, hold harmless or indemnify a party to such agreements for any liability under this Section.
|
|
(2) Nothing in this Section, including the provisions
|
| of paragraph (g)(1) of this Section, shall bar a cause of action that an owner or operator or any other person subject to liability under this Section, or a guarantor, has or would have, by reason of subrogation or otherwise against any person.
|
|
(h) For purposes of this Section:
(1) The term "facility" means:
(A) any building, structure, installation,
|
| equipment, pipe or pipeline including but not limited to any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or
|
|
(B) any site or area where a hazardous substance
|
| has been deposited, stored, disposed of, placed, or otherwise come to be located.
|
|
(2) The term "owner or operator" means:
(A) any person owning or operating a vessel or
|
|
(B) in the case of an abandoned facility, any
|
| person owning or operating the abandoned facility or any person who owned, operated, or otherwise controlled activities at the abandoned facility immediately prior to such abandonment;
|
|
(C) in the case of a land trust as defined in
|
| Section 2 of the Land Trustee as Creditor Act, the person owning the beneficial interest in the land trust;
|
|
(D) in the case of a fiduciary (other than a land
|
| trustee), the estate, trust estate, or other interest in property held in a fiduciary capacity, and not the fiduciary. For the purposes of this Section, "fiduciary" means a trustee, executor, administrator, guardian, receiver, conservator or other person holding a facility or vessel in a fiduciary capacity;
|
|
(E) in the case of a "financial institution",
|
| meaning the Illinois Housing Development Authority and that term as defined in Section 2 of the Illinois Banking Act, that has acquired ownership, operation, management, or control of a vessel or facility through foreclosure or under the terms of a security interest held by the financial institution or under the terms of an extension of credit made by the financial institution, the financial institution only if the financial institution takes possession of the vessel or facility and the financial institution exercises actual, direct, and continual or recurrent managerial control in the operation of the vessel or facility that causes a release or substantial threat of a release of a hazardous substance or pesticide resulting in removal or remedial action;
|
|
(F) In the case of an owner of residential
|
| property, the owner if the owner is a person other than an individual, or if the owner is an individual who owns more than 10 dwelling units in Illinois, or if the owner, or an agent, representative, contractor, or employee of the owner, has caused, contributed to, or allowed the release or threatened release of a hazardous substance or pesticide. The term "residential property" means single family residences of one to 4 dwelling units, including accessory land, buildings, or improvements incidental to those dwellings that are exclusively used for the residential use. For purposes of this subparagraph (F), the term "individual" means a natural person, and shall not include corporations, partnerships, trusts, or other non-natural persons.
|
|
(G) In the case of any facility, title or control
|
| of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of State or local government, any person who owned, operated, or otherwise controlled activities at the facility immediately beforehand.
|
|
(H) The term "owner or operator" does not include
|
| a unit of State or local government which acquired ownership or control through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government acquires title by virtue of its function as sovereign. The exclusion provided under this paragraph shall not apply to any State or local government which has caused or contributed to the release or threatened release of a hazardous substance from the facility, and such a State or local government shall be subject to the provisions of this Act in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under Section 22.2(f).
|
|
(i) The costs and damages provided for in this Section may be imposed by
the Board in an action brought before the Board in accordance with Title
VIII of this Act, except that Section 33(c) of this Act shall not apply to
any such action.
(j)(1) There shall be no liability under this Section for a person
otherwise liable who can establish by a preponderance of the evidence that
the release or substantial threat of release of a hazardous substance and
the damages resulting therefrom were caused solely by:
(A) an act of God;
(B) an act of war;
(C) an act or omission of a third party other than an
|
| employee or agent of the defendant, or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant (except where the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail), if the defendant establishes by a preponderance of the evidence that (i) he exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances, and (ii) he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or
|
|
(D) any combination of the foregoing paragraphs.
(2) There shall be no liability under this Section for any release
permitted by State or federal law.
(3) There shall be no liability under this Section for damages as a result
of actions taken or omitted in the course of rendering care, assistance,
or advice in accordance with this Section or the National Contingency Plan
pursuant to the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (P.L. 96-510) or at the direction of an
on-scene coordinator appointed under such plan, with respect to an incident
creating a danger to public health or welfare or the environment as a result
of any release of a hazardous substance or a substantial threat thereof. This
subsection shall not preclude liability for damages as the result of gross
negligence or intentional misconduct on the part of such person. For the
purposes of the preceding sentence, reckless, willful, or wanton misconduct
shall constitute gross negligence.
(4) There shall be no liability under this Section for any person
(including, but not limited to, an owner of residential property who applies a
pesticide to the residential property or who has another person apply a
pesticide to the residential property) for response costs or damages as the
result of the storage, handling and use, or recommendation for storage,
handling and use, of a pesticide consistent with:
(A) its directions for storage, handling and use as
|
| stated in its label or labeling;
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|
(B) its warnings and cautions as stated in its label
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|
(C) the uses for which it is registered under the
|
| Federal Insecticide, Fungicide and Rodenticide Act and the Illinois Pesticide Act.
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|
(4.5) There shall be no liability under subdivision (f)(1) of this Section
for response costs or damages as the result of a release
of a pesticide from an agrichemical facility site if
the Agency has received notice from the Department of Agriculture pursuant to
Section 19.3 of the Illinois Pesticide Act, the owner or operator of the
agrichemical facility is proceeding with a corrective action plan under the
Agrichemical Facility Response Action Program implemented under that Section,
and the Agency
has provided a written endorsement of a corrective action plan.
(4.6) There shall be no liability under subdivision (f)(1) of this
Section for response costs or damages as the result of a substantial threat of
a release of a pesticide from an agrichemical facility site if
the Agency has received notice from the Department of Agriculture pursuant to
Section 19.3 of the Illinois Pesticide Act and the owner or operator of the
agrichemical facility is proceeding with a corrective action plan under the
Agrichemical Facility Response Action Program implemented under that
Section.
(5) Nothing in this subsection (j) shall affect or modify in any way the
obligations or liability of any person under any other provision of this
Act or State or federal law, including common law, for damages, injury,
or loss resulting from a release or substantial threat of a release of any
hazardous substance or for removal or remedial action or the costs of removal
or remedial action of such hazardous substance.
(6)(A) The term "contractual relationship", for the purpose of this
subsection includes, but is not limited to, land contracts, deeds or other
instruments transferring title or possession, unless the real property on
which the facility concerned is located was acquired by the defendant after
the disposal or placement of the hazardous substance on, in, or at the
facility, and one or more of the circumstances described in clause (i),
(ii), or (iii) of this paragraph is also established by the defendant by a
preponderance of the evidence:
(i) At the time the defendant acquired the facility
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| the defendant did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in or at the facility.
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|
(ii) The defendant is a government entity which
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| acquired the facility by escheat, or through any other involuntary transfer or acquisition, or through the exercise of eminent domain authority by purchase or condemnation.
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|
(iii) The defendant acquired the facility by
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|
In addition to establishing the foregoing, the defendant must establish
that he has satisfied the requirements of subparagraph (C) of paragraph (1)
of this subsection (j).
(B) To establish the defendant had no reason to know, as provided in
clause (i) of subparagraph (A) of this paragraph, the defendant must have
undertaken, at the time of acquisition, all appropriate inquiry into the
previous ownership and uses of the property consistent with good commercial
or customary practice in an effort to minimize liability. For purposes of
the preceding sentence, the court shall take into account any specialized
knowledge or experience on the part of the defendant, the relationship of
the purchase price to the value of the property if uncontaminated, commonly
known or reasonably ascertainable information about the property, the
obviousness of the presence or likely presence of contamination at the
property, and the ability to detect such contamination by appropriate
inspection.
(C) Nothing in this paragraph (6) or in subparagraph (C) of paragraph
(1) of this subsection shall diminish the liability of any previous owner
or operator of such facility who would otherwise be liable under this Act.
Notwithstanding this paragraph (6), if the defendant obtained actual
knowledge of the release or threatened release of a hazardous substance at
such facility when the defendant owned the real property and then
subsequently transferred ownership of the property to another person
without disclosing such knowledge, such defendant shall be treated as
liable under subsection (f) of this Section and no defense under
subparagraph (C) of paragraph (1) of this subsection shall be available
to such defendant.
(D) Nothing in this paragraph (6) shall affect the liability under this
Act of a defendant who, by any act or omission, caused or contributed to
the release or threatened release of a hazardous substance which is the
subject of the action relating to the facility.
(E)(i) Except as provided in clause (ii) of this subparagraph (E), a
defendant who has acquired real property shall have established a rebuttable
presumption against all State claims and a conclusive presumption against all
private party claims that the defendant has made all appropriate inquiry within
the meaning of subdivision (6)(B) of this subsection (j) if the defendant
proves that immediately prior to or at the time of the acquisition:
(I) the defendant obtained a Phase I Environmental
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| Audit of the real property that meets or exceeds the requirements of this subparagraph (E), and the Phase I Environmental Audit did not disclose the presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property; or
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|
(II) the defendant obtained a Phase II Environmental
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| Audit of the real property that meets or exceeds the requirements of this subparagraph (E), and the Phase II Environmental Audit did not disclose the presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property.
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|
(ii) No presumption shall be created under clause (i) of this subparagraph
(E), and a defendant shall be precluded from demonstrating that the defendant
has made all appropriate inquiry within the meaning of subdivision (6)(B) of
this subsection (j), if:
(I) the defendant fails to obtain all Environmental
|
| Audits required under this subparagraph (E) or any such Environmental Audit fails to meet or exceed the requirements of this subparagraph (E);
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|
(II) a Phase I Environmental Audit discloses the
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| presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from real property, and the defendant fails to obtain a Phase II Environmental Audit;
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|
(III) a Phase II Environmental Audit discloses the
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| presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property;
|
|
(IV) the defendant fails to maintain a written
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| compilation and explanatory summary report of the information reviewed in the course of each Environmental Audit under this subparagraph (E); or
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|
(V) there is any evidence of fraud, material
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| concealment, or material misrepresentation by the defendant of environmental conditions or of related information discovered during the course of an Environmental Audit.
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|
(iii) For purposes of this subparagraph (E), the term "environmental
professional" means an individual (other than a practicing attorney) who,
through academic training, occupational experience, and reputation (such as
engineers, industrial hygienists, or geologists) can objectively conduct one or
more aspects of an Environmental Audit and who either:
(I) maintains at the time of the Environmental Audit
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| and for at least one year thereafter at least $500,000 of environmental consultants' professional liability insurance coverage issued by an insurance company licensed to do business in Illinois; or
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|
(II) is an Illinois licensed professional engineer or
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| a Certified Industrial Hygienist certified by the American Board of Industrial Hygiene.
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|
An environmental professional may employ persons who are not environmental
professionals to assist in the preparation of an Environmental Audit if such
persons are under the direct supervision and control of the environmental
professional.
(iv) For purposes of this subparagraph (E), the term "real property"
means any interest in any parcel of land, and includes, but is not limited to,
buildings, fixtures, and
improvements.
(v) For purposes of this subparagraph (E), the term "Phase I Environmental
Audit" means an investigation of real property, conducted by environmental
professionals, to discover the presence or likely presence of a release or a
substantial threat of a release of a hazardous substance or pesticide at, on,
to, or from real property, and whether a release or a substantial threat of
a release of a hazardous substance or pesticide has occurred or may occur at,
on, to, or from the real property. Until such time as the United
States Environmental Protection Agency establishes
standards for making appropriate inquiry into the previous
ownership and uses of the facility pursuant to 42 U.S.C.
Sec. 9601(35)(B)(ii), the investigation shall comply with the
procedures of the American Society for Testing and
Materials, including the document known as Standard
E1527-97, entitled "Standard Procedures for Environmental
Site Assessment: Phase 1 Environmental Site Assessment
Process". Upon their adoption, the standards promulgated
by USEPA pursuant to 42 U.S.C. Sec. 9601(35)(B)(ii) shall
govern the performance of Phase I Environmental Audits. In
addition to the above requirements, the Phase I
Environmental Audit shall include a review of recorded land
title records for the purpose of determining whether the real
property is subject to an environmental land use restriction
such as a No Further Remediation Letter, Environmental
Land Use Control, or Highway Authority Agreement.
(vi) For purposes of subparagraph (E), the term "Phase II Environmental
Audit" means an investigation of real property, conducted by environmental
professionals, subsequent to a Phase I Environmental Audit. If the Phase I
Environmental Audit discloses the presence or likely presence of a hazardous
substance or a pesticide or a release or a substantial threat of a release of
a hazardous substance or pesticide:
(I) In or to soil, the defendant, as part of the
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| Phase II Environmental Audit, shall perform a series of soil borings sufficient to determine whether there is a presence or likely presence of a hazardous substance or pesticide and whether there is or has been a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property.
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|
(II) In or to groundwater, the defendant, as part of
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| the Phase II Environmental Audit, shall: review information regarding local geology, water well locations, and locations of waters of the State as may be obtained from State, federal, and local government records, including but not limited to the United States Geological Survey, the State Geological Survey of the University of Illinois, and the State Water Survey of the University of Illinois; and perform groundwater monitoring sufficient to determine whether there is a presence or likely presence of a hazardous substance or pesticide, and whether there is or has been a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property.
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|
(III) On or to media other than soil or groundwater,
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| the defendant, as part of the Phase II Environmental Audit, shall perform an investigation sufficient to determine whether there is a presence or likely presence of a hazardous substance or pesticide, and whether there is or has been a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property.
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|
(vii) The findings of each Environmental Audit prepared under this
subparagraph (E) shall be set forth in a written audit report. Each audit
report shall contain an affirmation by the defendant and by each environmental
professional who prepared the Environmental Audit that the facts stated in the
report are true and are made under a penalty of perjury as defined in Section
32-2 of the Criminal Code of 2012. It is perjury for any person to sign an
audit report that contains a false material statement that the person does not
believe to be true.
(viii) The Agency is not required to review, approve, or certify the results
of any Environmental Audit. The performance of an Environmental Audit shall in
no way entitle a defendant to a presumption of Agency approval or certification
of the results of the Environmental Audit.
The presence or absence of a disclosure document prepared under the
Responsible Property Transfer Act of 1988 shall not be a defense under this
Act and shall not satisfy the requirements of subdivision (6)(A) of this
subsection (j).
(7) No person shall be liable under this Section for response costs
or damages as the result of a pesticide release if the Agency has found
that a pesticide release occurred based on a Health Advisory issued by the
U.S. Environmental Protection Agency or an action level developed by the
Agency, unless the Agency notified the manufacturer of the pesticide and
provided an opportunity of not less than 30 days for the manufacturer to
comment on the technical and scientific justification supporting the Health
Advisory or action level.
(8) No person shall be liable under this Section for response costs or
damages as the result of a pesticide release that occurs in the course of a
farm pesticide collection program operated under Section 19.1 of the
Illinois Pesticide Act, unless the release results from gross negligence or
intentional misconduct.
(k) If any person who is liable for a release or substantial threat of
release of a hazardous substance or pesticide fails without sufficient
cause to provide removal or remedial action upon or in accordance with a
notice and request by the Agency or upon or in accordance with any order of
the Board or any court, such person may be liable to the State for punitive
damages in an amount at least equal to, and not more than 3 times, the
amount of any costs incurred by the State of Illinois as a result of such
failure to take such removal or remedial action. The punitive damages
imposed by the Board shall be in addition to any costs recovered from such
person pursuant to this Section and in addition to any other penalty or
relief provided by this Act or any other law.
Any monies received by the State pursuant to this subsection (k) shall
be deposited in the Hazardous Waste Fund.
(l) Beginning January 1, 1988, and prior to January 1, 2013, the Agency shall annually collect a $250
fee for each Special Waste Hauling Permit Application and, in addition,
shall collect a fee of $20 for each waste hauling vehicle identified in the
annual permit application and for each vehicle which is added to the permit
during the annual period. Beginning January 1, 2013, the Agency shall issue 3-year Special Waste Hauling Permits instead of annual Special Waste Hauling Permits and shall collect a $750 fee for each Special Waste Hauling Permit Application. In addition, beginning January 1, 2013, the Agency shall collect a fee of $60 for each waste hauling vehicle identified in the permit application and for each vehicle that is added to the permit during the 3-year period. The Agency shall deposit 85% of such fees
collected under this subsection in the State Treasury to the credit of
the Hazardous Waste Research Fund; and shall deposit the remaining 15% of
such fees collected in the State Treasury to the credit of the
Environmental Protection Permit and Inspection Fund. The majority of such
receipts which are deposited in the Hazardous Waste Research Fund pursuant
to this subsection shall be used by the University of Illinois for
activities which relate to the protection of underground waters.
(l-5) (Blank).
(m) (Blank).
(n) (Blank).
(Source: P.A. 97-220, eff. 7-28-11; 97-1081, eff. 8-24-12; 97-1150, eff. 1-25-13; 98-78, eff. 7-15-13; 98-756, eff. 7-16-14 .)
|
(415 ILCS 5/22.15)
(Text of Section from P.A. 103-8) Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the Solid Waste Management Fund, to be
constituted from the fees collected by the State pursuant to this Section,
from repayments of loans made from the Fund for solid waste projects, from registration fees collected pursuant to the Consumer Electronics Recycling Act, and from amounts transferred into the Fund pursuant to Public Act 100-433.
Moneys received by either the Agency or the Department of Commerce and Economic Opportunity
in repayment of loans made pursuant to the Illinois Solid Waste Management
Act shall be deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a
fee in the amount set forth herein 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 such waste
was produced and if such sanitary landfill is owned, controlled, and operated
by a person other than the generator of such waste. The Agency shall deposit
all fees collected into the Solid Waste 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 subsection. Beginning on July 1, 2018, and on the first day of each month thereafter during fiscal years 2019 through 2024, the State Comptroller shall direct and State Treasurer shall transfer an amount equal to 1/12 of $5,000,000 per fiscal year from the Solid Waste Management Fund to the General Revenue Fund.
(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 95 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 $2.00 per ton of solid waste permanently disposed of. In no case shall the fee collected or paid by the owner or operator under this paragraph exceed $1.55 per cubic yard or $3.27 per ton.
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|
(2) If more than 100,000 cubic yards but not more
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| 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 $52,630.
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|
(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 $23,790.
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|
(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 $7,260.
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|
(5) If not more than 10,000 cubic yards of
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| non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $1050.
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|
(c) (Blank).
(d) The Agency shall establish rules relating to the collection of the
fees authorized by this Section. Such rules shall include, but not be
limited to:
(1) necessary records identifying the quantities of
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| solid waste received or disposed;
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|
(2) the form and submission of reports to accompany
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| the payment of fees to the Agency;
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|
(3) the time and manner of payment of fees to the
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| Agency, which payments shall not be more often than quarterly; and
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|
(4) procedures setting forth criteria establishing
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| when an owner or operator may measure by weight or volume during any given quarter or other fee payment period.
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|
(e) Pursuant to appropriation, all monies in the Solid Waste Management
Fund shall be used by the Agency for the purposes set forth in this Section and in the Illinois
Solid Waste Management Act, including for the costs of fee collection and
administration, and for the administration of the Consumer Electronics Recycling Act and the Drug Take-Back Act.
(f) The Agency is authorized to enter into such agreements and to
promulgate such rules as are necessary to carry out its duties under this
Section and the Illinois Solid Waste Management Act.
(g) On the first day of January, April, July, and October of each year,
beginning on July 1, 1996, the State Comptroller and Treasurer shall
transfer $500,000 from the Solid Waste Management Fund to the Hazardous Waste
Fund. Moneys transferred under this subsection (g) shall be used only for the
purposes set forth in item (1) of subsection (d) of Section 22.2.
(h) The Agency is authorized to provide financial assistance to units of
local government for the performance of inspecting, investigating, and
enforcement activities pursuant to subsection (r) of Section 4 at nonhazardous solid
waste disposal sites.
(i) The Agency is authorized to conduct household waste collection and
disposal programs.
(j) A unit of local government, as defined in the Local Solid Waste Disposal
Act, in which a solid waste disposal facility is located may establish a fee,
tax, or surcharge with regard to the permanent disposal of solid waste.
All fees, taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including long-term monitoring
and maintenance of landfills, planning, implementation, inspection, enforcement
and other activities consistent with the Solid Waste Management Act and the
Local Solid Waste Disposal Act, or for any other environment-related purpose,
including, but not limited to, an environment-related public works project, but
not for the construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection (j) upon the
solid waste disposal facility shall not exceed:
(1) 60¢ per cubic yard if more than 150,000 cubic
|
| yards of non-hazardous solid waste is permanently disposed of at the site in a calendar year, unless the owner or operator weighs the quantity of the solid waste received with a device for which certification has been obtained under the Weights and Measures Act, in which case the fee shall not exceed $1.27 per ton of solid waste permanently disposed of.
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|
(2) $33,350 if more than 100,000 cubic yards, but not
|
| more than 150,000 cubic yards, of non-hazardous waste is permanently disposed of at the site in a calendar year.
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|
(3) $15,500 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 the site in a calendar year.
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|
(4) $4,650 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 the site in a calendar year.
|
|
(5) $650 if not more than 10,000 cubic yards of
|
| non-hazardous solid waste is permanently disposed of at the site in a calendar year.
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|
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a highway
commissioner whose road district lies wholly or partially within the
corporate limits of the unit of local government for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has been dumped
on public property in violation of a State law or local ordinance.
For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160, the total fee, tax, or surcharge imposed by
all units of local government under this subsection (j) upon
the solid waste disposal facility shall not exceed 50% of the
applicable amount set forth above. A unit of local government,
as defined in the Local Solid Waste Disposal Act, in which a
general construction or demolition debris recovery facility is
located may establish a fee, tax, or surcharge on the general construction or demolition debris recovery facility with
regard to the permanent disposal of solid waste by the
general construction or demolition debris recovery facility at
a solid waste disposal facility, provided that such fee, tax,
or surcharge shall not exceed 50% of the applicable amount set
forth above, based on the total amount of solid waste transported from the general construction or demolition debris recovery facility for disposal at solid waste disposal facilities, and the unit of local government and fee shall be
subject to all other requirements of this subsection (j).
A county or Municipal Joint Action Agency that imposes a fee, tax, or
surcharge under this subsection may use the proceeds thereof to reimburse a
municipality that lies wholly or partially within its boundaries for expenses
incurred in the removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local ordinance.
If the fees are to be used to conduct a local sanitary landfill
inspection or enforcement program, the unit of local government must enter
into a written delegation agreement with the Agency pursuant to subsection
(r) of Section 4. The unit of local government and the Agency shall enter
into such a written delegation agreement within 60 days after the
establishment of such fees. At least annually,
the Agency shall conduct an audit of the expenditures made by units of local
government from the funds granted by the Agency to the units of local
government for purposes of local sanitary landfill inspection and enforcement
programs, to ensure that the funds have been expended for the prescribed
purposes under the grant.
The fees, taxes or surcharges collected under this subsection (j) shall
be placed by the unit of local government in a separate fund, and the
interest received on the moneys in the fund shall be credited to the fund. The
monies in the fund may be accumulated over a period of years to be
expended in accordance with this subsection.
A unit of local government, as defined in the Local Solid Waste Disposal
Act, shall prepare and post on its website, in April of each year, a
report that details spending plans for monies collected in accordance with
this subsection. The report will at a minimum include the following:
(1) The total monies collected pursuant to this
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|
(2) The most current balance of monies collected
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| pursuant to this subsection.
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|
(3) An itemized accounting of all monies expended for
|
| the previous year pursuant to this subsection.
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|
(4) An estimation of monies to be collected for the
|
| following 3 years pursuant to this subsection.
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|
(5) A narrative detailing the general direction and
|
| scope of future expenditures for one, 2 and 3 years.
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|
The exemptions granted under Sections 22.16 and 22.16a, and under
subsection (k) of this Section, shall be applicable to any fee,
tax or surcharge imposed under this subsection (j); except that the fee,
tax or surcharge authorized to be imposed under this subsection (j) may be
made applicable by a unit of local government to the permanent disposal of
solid waste after December 31, 1986, under any contract lawfully executed
before June 1, 1986 under which more than 150,000 cubic yards (or 50,000 tons)
of solid waste is to be permanently disposed of, even though the waste is
exempt from the fee imposed by the State under subsection (b) of this Section
pursuant to an exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the Illinois Solid
Waste Management Act, beginning January 1, 1989 the fee under subsection
(b) and the fee, tax or surcharge under subsection (j) shall not apply to:
(1) waste which is hazardous waste;
(2) waste which is pollution control waste;
(3) waste from recycling, reclamation or reuse
|
| processes which have been approved by the Agency as being designed to remove any contaminant from wastes so as to render such wastes reusable, provided that the process renders at least 50% of the waste reusable; the exemption set forth in this paragraph (3) of this subsection (k) shall not apply to general construction or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160;
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|
(4) non-hazardous solid waste that is received at a
|
| sanitary landfill and composted or recycled through a process permitted by the Agency; or
|
|
(5) any landfill which is permitted by the Agency to
|
| receive only demolition or construction debris or landscape waste.
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|
(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23.)
(Text of Section from P.A. 103-154)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the Solid Waste Management Fund, to be
constituted from the fees collected by the State pursuant to this Section,
from repayments of loans made from the Fund for solid waste projects, from registration fees collected pursuant to the Consumer Electronics Recycling Act, and from amounts transferred into the Fund pursuant to Public Act 100-433.
Moneys received by either the Agency or the Department of Commerce and Economic Opportunity
in repayment of loans made pursuant to the Illinois Solid Waste Management
Act shall be deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a
fee in the amount set forth herein 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 such waste
was produced and if such sanitary landfill is owned, controlled, and operated
by a person other than the generator of such waste. The Agency shall deposit
all fees collected into the Solid Waste 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 subsection. Beginning on July 1, 2018, and on the first day of each month thereafter during fiscal years 2019 through 2023, the State Comptroller shall direct and State Treasurer shall transfer an amount equal to 1/12 of $5,000,000 per fiscal year from the Solid Waste Management Fund to the General Revenue Fund.
(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 95 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 $2.00 per ton of solid waste permanently disposed of. In no case shall the fee collected or paid by the owner or operator under this paragraph exceed $1.55 per cubic yard or $3.27 per ton.
|
|
(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 $52,630.
|
|
(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 $23,790.
|
|
(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 $7,260.
|
|
(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 $1050.
|
|
(c) (Blank).
(d) The Agency shall establish rules relating to the collection of the
fees authorized by this Section. Such rules shall include, but not be
limited to:
(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; and
|
|
(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) Pursuant to appropriation, all monies in the Solid Waste Management
Fund shall be used by the Agency for the purposes set forth in this Section and in the Illinois
Solid Waste Management Act, including for the costs of fee collection and
administration, and for the administration of the Consumer Electronics Recycling Act and the Drug Take-Back Act.
(f) The Agency is authorized to enter into such agreements and to
promulgate such rules as are necessary to carry out its duties under this
Section and the Illinois Solid Waste Management Act.
(g) On the first day of January, April, July, and October of each year,
beginning on July 1, 1996, the State Comptroller and Treasurer shall
transfer $500,000 from the Solid Waste Management Fund to the Hazardous Waste
Fund. Moneys transferred under this subsection (g) shall be used only for the
purposes set forth in item (1) of subsection (d) of Section 22.2.
(h) The Agency is authorized to provide financial assistance to units of
local government for the performance of inspecting, investigating, and
enforcement activities pursuant to subsection (r) of Section 4 at nonhazardous solid
waste disposal sites.
(i) The Agency is authorized to conduct household waste collection and
disposal programs.
(j) A unit of local government, as defined in the Local Solid Waste Disposal
Act, in which a solid waste disposal facility is located may establish a fee,
tax, or surcharge with regard to the permanent disposal of solid waste.
All fees, taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including long-term monitoring
and maintenance of landfills, planning, implementation, inspection, enforcement
and other activities consistent with the Solid Waste Management Act and the
Local Solid Waste Disposal Act, or for any other environment-related purpose,
including, but not limited to, an environment-related public works project, but
not for the construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection (j) upon the
solid waste disposal facility shall not exceed:
(1) 60¢ per cubic yard if more than 150,000 cubic
|
| yards of non-hazardous solid waste is permanently disposed of at the site in a calendar year, unless the owner or operator weighs the quantity of the solid waste received with a device for which certification has been obtained under the Weights and Measures Act, in which case the fee shall not exceed $1.27 per ton of solid waste permanently disposed of.
|
|
(2) $33,350 if more than 100,000 cubic yards, but not
|
| more than 150,000 cubic yards, of non-hazardous waste is permanently disposed of at the site in a calendar year.
|
|
(3) $15,500 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 the site in a calendar year.
|
|
(4) $4,650 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 the site in a calendar year.
|
|
(5) $650 if not more than 10,000 cubic yards of
|
| non-hazardous solid waste is permanently disposed of at the site in a calendar year.
|
|
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a highway
commissioner whose road district lies wholly or partially within the
corporate limits of the unit of local government for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has been dumped
on public property in violation of a State law or local ordinance.
For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160, the total fee, tax, or surcharge imposed by
all units of local government under this subsection (j) upon
the solid waste disposal facility shall not exceed 50% of the
applicable amount set forth above. A unit of local government,
as defined in the Local Solid Waste Disposal Act, in which a
general construction or demolition debris recovery facility is
located may establish a fee, tax, or surcharge on the general construction or demolition debris recovery facility with
regard to the permanent disposal of solid waste by the
general construction or demolition debris recovery facility at
a solid waste disposal facility, provided that such fee, tax,
or surcharge shall not exceed 50% of the applicable amount set
forth above, based on the total amount of solid waste transported from the general construction or demolition debris recovery facility for disposal at solid waste disposal facilities, and the unit of local government and fee shall be
subject to all other requirements of this subsection (j).
A county or Municipal Joint Action Agency that imposes a fee, tax, or
surcharge under this subsection may use the proceeds thereof to reimburse a
municipality that lies wholly or partially within its boundaries for expenses
incurred in the removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local ordinance.
If the fees are to be used to conduct a local sanitary landfill
inspection or enforcement program, the unit of local government must enter
into a written delegation agreement with the Agency pursuant to subsection
(r) of Section 4. The unit of local government and the Agency shall enter
into such a written delegation agreement within 60 days after the
establishment of such fees. At least annually,
the Agency shall conduct an audit of the expenditures made by units of local
government from the funds granted by the Agency to the units of local
government for purposes of local sanitary landfill inspection and enforcement
programs, to ensure that the funds have been expended for the prescribed
purposes under the grant.
The fees, taxes or surcharges collected under this subsection (j) shall
be placed by the unit of local government in a separate fund, and the
interest received on the moneys in the fund shall be credited to the fund. The
monies in the fund may be accumulated over a period of years to be
expended in accordance with this subsection.
A unit of local government, as defined in the Local Solid Waste Disposal
Act, shall prepare and post on its website, in April of each year, a
report that details spending plans for monies collected in accordance with
this subsection. The report will at a minimum include the following:
(1) The total monies collected pursuant to this
|
|
(2) The most current balance of monies collected
|
| pursuant to this subsection.
|
|
(3) An itemized accounting of all monies expended for
|
| the previous year pursuant to this subsection.
|
|
(4) An estimation of monies to be collected for the
|
| following 3 years pursuant to this subsection.
|
|
(5) A narrative detailing the general direction and
|
| scope of future expenditures for one, 2 and 3 years.
|
|
The exemptions granted under Sections 22.16 and 22.16a, and under
subsection (k) of this Section, shall be applicable to any fee,
tax or surcharge imposed under this subsection (j); except that the fee,
tax or surcharge authorized to be imposed under this subsection (j) may be
made applicable by a unit of local government to the permanent disposal of
solid waste after December 31, 1986, under any contract lawfully executed
before June 1, 1986 under which more than 150,000 cubic yards (or 50,000 tons)
of solid waste is to be permanently disposed of, even though the waste is
exempt from the fee imposed by the State under subsection (b) of this Section
pursuant to an exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the Illinois Solid
Waste Management Act, beginning January 1, 1989 the fee under subsection
(b) and the fee, tax or surcharge under subsection (j) shall not apply to:
(1) waste which is hazardous waste;
(2) waste which is pollution control waste;
(3) waste from recycling, reclamation or reuse
|
| processes which have been approved by the Agency as being designed to remove any contaminant from wastes so as to render such wastes reusable, provided that the process renders at least 50% of the waste reusable; the exemption set forth in this paragraph (3) of this subsection (k) 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; or
|
|
(5) any landfill which is permitted by the Agency to
|
| receive only demolition or construction debris or landscape waste.
|
|
(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23.)
(Text of Section from P.A. 103-372)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the Solid Waste Management Fund, to be
constituted from the fees collected by the State pursuant to this Section,
from repayments of loans made from the Fund for solid waste projects, from registration fees collected pursuant to the Consumer Electronics Recycling Act, from fees collected under the Paint Stewardship Act, and from amounts transferred into the Fund pursuant to Public Act 100-433.
Moneys received by either the Agency or the Department of Commerce and Economic Opportunity
in repayment of loans made pursuant to the Illinois Solid Waste Management
Act shall be deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a
fee in the amount set forth herein 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 such waste
was produced and if such sanitary landfill is owned, controlled, and operated
by a person other than the generator of such waste. The Agency shall deposit
all fees collected into the Solid Waste 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 subsection. Beginning on July 1, 2018, and on the first day of each month thereafter during fiscal years 2019 through 2023, the State Comptroller shall direct and State Treasurer shall transfer an amount equal to 1/12 of $5,000,000 per fiscal year from the Solid Waste Management Fund to the General Revenue Fund.
(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 95 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 $2.00 per ton of solid waste permanently disposed of. In no case shall the fee collected or paid by the owner or operator under this paragraph exceed $1.55 per cubic yard or $3.27 per ton.
|
|
(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 $52,630.
|
|
(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 $23,790.
|
|
(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 $7,260.
|
|
(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 $1050.
|
|
(c) (Blank).
(d) The Agency shall establish rules relating to the collection of the
fees authorized by this Section. Such rules shall include, but not be
limited to:
(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; and
|
|
(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) Pursuant to appropriation, all monies in the Solid Waste Management
Fund shall be used by the Agency for the purposes set forth in this Section and in the Illinois
Solid Waste Management Act, including for the costs of fee collection and
administration, for administration of the Paint Stewardship Act, and for the administration of the Consumer Electronics Recycling Act and the Drug Take-Back Act.
(f) The Agency is authorized to enter into such agreements and to
promulgate such rules as are necessary to carry out its duties under this
Section and the Illinois Solid Waste Management Act.
(g) On the first day of January, April, July, and October of each year,
beginning on July 1, 1996, the State Comptroller and Treasurer shall
transfer $500,000 from the Solid Waste Management Fund to the Hazardous Waste
Fund. Moneys transferred under this subsection (g) shall be used only for the
purposes set forth in item (1) of subsection (d) of Section 22.2.
(h) The Agency is authorized to provide financial assistance to units of
local government for the performance of inspecting, investigating, and
enforcement activities pursuant to subsection (r) of Section 4 at nonhazardous solid
waste disposal sites.
(i) The Agency is authorized to conduct household waste collection and
disposal programs.
(j) A unit of local government, as defined in the Local Solid Waste Disposal
Act, in which a solid waste disposal facility is located may establish a fee,
tax, or surcharge with regard to the permanent disposal of solid waste.
All fees, taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including long-term monitoring
and maintenance of landfills, planning, implementation, inspection, enforcement
and other activities consistent with the Solid Waste Management Act and the
Local Solid Waste Disposal Act, or for any other environment-related purpose,
including, but not limited to, an environment-related public works project, but
not for the construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection (j) upon the
solid waste disposal facility shall not exceed:
(1) 60¢ per cubic yard if more than 150,000 cubic
|
| yards of non-hazardous solid waste is permanently disposed of at the site in a calendar year, unless the owner or operator weighs the quantity of the solid waste received with a device for which certification has been obtained under the Weights and Measures Act, in which case the fee shall not exceed $1.27 per ton of solid waste permanently disposed of.
|
|
(2) $33,350 if more than 100,000 cubic yards, but not
|
| more than 150,000 cubic yards, of non-hazardous waste is permanently disposed of at the site in a calendar year.
|
|
(3) $15,500 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 the site in a calendar year.
|
|
(4) $4,650 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 the site in a calendar year.
|
|
(5) $650 if not more than 10,000 cubic yards of
|
| non-hazardous solid waste is permanently disposed of at the site in a calendar year.
|
|
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a highway
commissioner whose road district lies wholly or partially within the
corporate limits of the unit of local government for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has been dumped
on public property in violation of a State law or local ordinance.
For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160, the total fee, tax, or surcharge imposed by
all units of local government under this subsection (j) upon
the solid waste disposal facility shall not exceed 50% of the
applicable amount set forth above. A unit of local government,
as defined in the Local Solid Waste Disposal Act, in which a
general construction or demolition debris recovery facility is
located may establish a fee, tax, or surcharge on the general construction or demolition debris recovery facility with
regard to the permanent disposal of solid waste by the
general construction or demolition debris recovery facility at
a solid waste disposal facility, provided that such fee, tax,
or surcharge shall not exceed 50% of the applicable amount set
forth above, based on the total amount of solid waste transported from the general construction or demolition debris recovery facility for disposal at solid waste disposal facilities, and the unit of local government and fee shall be
subject to all other requirements of this subsection (j).
A county or Municipal Joint Action Agency that imposes a fee, tax, or
surcharge under this subsection may use the proceeds thereof to reimburse a
municipality that lies wholly or partially within its boundaries for expenses
incurred in the removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local ordinance.
If the fees are to be used to conduct a local sanitary landfill
inspection or enforcement program, the unit of local government must enter
into a written delegation agreement with the Agency pursuant to subsection
(r) of Section 4. The unit of local government and the Agency shall enter
into such a written delegation agreement within 60 days after the
establishment of such fees. At least annually,
the Agency shall conduct an audit of the expenditures made by units of local
government from the funds granted by the Agency to the units of local
government for purposes of local sanitary landfill inspection and enforcement
programs, to ensure that the funds have been expended for the prescribed
purposes under the grant.
The fees, taxes or surcharges collected under this subsection (j) shall
be placed by the unit of local government in a separate fund, and the
interest received on the moneys in the fund shall be credited to the fund. The
monies in the fund may be accumulated over a period of years to be
expended in accordance with this subsection.
A unit of local government, as defined in the Local Solid Waste Disposal
Act, shall prepare and post on its website, in April of each year, a
report that details spending plans for monies collected in accordance with
this subsection. The report will at a minimum include the following:
(1) The total monies collected pursuant to this
|
|
(2) The most current balance of monies collected
|
| pursuant to this subsection.
|
|
(3) An itemized accounting of all monies expended for
|
| the previous year pursuant to this subsection.
|
|
(4) An estimation of monies to be collected for the
|
| following 3 years pursuant to this subsection.
|
|
(5) A narrative detailing the general direction and
|
| scope of future expenditures for one, 2 and 3 years.
|
|
The exemptions granted under Sections 22.16 and 22.16a, and under
subsection (k) of this Section, shall be applicable to any fee,
tax or surcharge imposed under this subsection (j); except that the fee,
tax or surcharge authorized to be imposed under this subsection (j) may be
made applicable by a unit of local government to the permanent disposal of
solid waste after December 31, 1986, under any contract lawfully executed
before June 1, 1986 under which more than 150,000 cubic yards (or 50,000 tons)
of solid waste is to be permanently disposed of, even though the waste is
exempt from the fee imposed by the State under subsection (b) of this Section
pursuant to an exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the Illinois Solid
Waste Management Act, beginning January 1, 1989 the fee under subsection
(b) and the fee, tax or surcharge under subsection (j) shall not apply to:
(1) waste which is hazardous waste;
(2) waste which is pollution control waste;
(3) waste from recycling, reclamation or reuse
|
| processes which have been approved by the Agency as being designed to remove any contaminant from wastes so as to render such wastes reusable, provided that the process renders at least 50% of the waste reusable; the exemption set forth in this paragraph (3) of this subsection (k) 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; or
|
|
(5) any landfill which is permitted by the Agency to
|
| receive only demolition or construction debris or landscape waste.
|
|
(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1055, eff. 6-10-22; 103-372, eff. 1-1-24.)
(Text of Section from P.A. 103-383)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the Solid Waste Management Fund, to be
constituted from the fees collected by the State pursuant to this Section,
from repayments of loans made from the Fund for solid waste projects, from registration fees collected pursuant to the Consumer Electronics Recycling Act, and from amounts transferred into the Fund pursuant to Public Act 100-433.
Moneys received by either the Agency or the Department of Commerce and Economic Opportunity
in repayment of loans made pursuant to the Illinois Solid Waste Management
Act shall be deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a
fee in the amount set forth herein 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 such waste
was produced and if such sanitary landfill is owned, controlled, and operated
by a person other than the generator of such waste. The Agency shall deposit
all fees collected into the Solid Waste 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 subsection. Beginning on July 1, 2018, and on the first day of each month thereafter during fiscal years 2019 through 2023, the State Comptroller shall direct and State Treasurer shall transfer an amount equal to 1/12 of $5,000,000 per fiscal year from the Solid Waste Management Fund to the General Revenue Fund.
(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 95 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 $2.00 per ton of solid waste permanently disposed of. In no case shall the fee collected or paid by the owner or operator under this paragraph exceed $1.55 per cubic yard or $3.27 per ton.
|
|
(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 $52,630.
|
|
(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 $23,790.
|
|
(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 $7,260.
|
|
(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 $1050.
|
|
(c) (Blank).
(d) The Agency shall establish rules relating to the collection of the
fees authorized by this Section. Such rules shall include, but not be
limited to:
(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; and
|
|
(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) Pursuant to appropriation, all monies in the Solid Waste Management
Fund shall be used by the Agency for the purposes set forth in this Section and in the Illinois
Solid Waste Management Act, including for the costs of fee collection and
administration, and for the administration of the Consumer Electronics Recycling Act, the Drug Take-Back Act, and the Statewide Recycling Needs Assessment Act.
(f) The Agency is authorized to enter into such agreements and to
promulgate such rules as are necessary to carry out its duties under this
Section and the Illinois Solid Waste Management Act.
(g) On the first day of January, April, July, and October of each year,
beginning on July 1, 1996, the State Comptroller and Treasurer shall
transfer $500,000 from the Solid Waste Management Fund to the Hazardous Waste
Fund. Moneys transferred under this subsection (g) shall be used only for the
purposes set forth in item (1) of subsection (d) of Section 22.2.
(h) The Agency is authorized to provide financial assistance to units of
local government for the performance of inspecting, investigating, and
enforcement activities pursuant to subsection (r) of Section 4 at nonhazardous solid
waste disposal sites.
(i) The Agency is authorized to conduct household waste collection and
disposal programs.
(j) A unit of local government, as defined in the Local Solid Waste Disposal
Act, in which a solid waste disposal facility is located may establish a fee,
tax, or surcharge with regard to the permanent disposal of solid waste.
All fees, taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including long-term monitoring
and maintenance of landfills, planning, implementation, inspection, enforcement
and other activities consistent with the Solid Waste Management Act and the
Local Solid Waste Disposal Act, or for any other environment-related purpose,
including, but not limited to, an environment-related public works project, but
not for the construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection (j) upon the
solid waste disposal facility shall not exceed:
(1) 60¢ per cubic yard if more than 150,000 cubic
|
| yards of non-hazardous solid waste is permanently disposed of at the site in a calendar year, unless the owner or operator weighs the quantity of the solid waste received with a device for which certification has been obtained under the Weights and Measures Act, in which case the fee shall not exceed $1.27 per ton of solid waste permanently disposed of.
|
|
(2) $33,350 if more than 100,000 cubic yards, but not
|
| more than 150,000 cubic yards, of non-hazardous waste is permanently disposed of at the site in a calendar year.
|
|
(3) $15,500 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 the site in a calendar year.
|
|
(4) $4,650 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 the site in a calendar year.
|
|
(5) $650 if not more than 10,000 cubic yards of
|
| non-hazardous solid waste is permanently disposed of at the site in a calendar year.
|
|
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a highway
commissioner whose road district lies wholly or partially within the
corporate limits of the unit of local government for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has been dumped
on public property in violation of a State law or local ordinance.
For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160, the total fee, tax, or surcharge imposed by
all units of local government under this subsection (j) upon
the solid waste disposal facility shall not exceed 50% of the
applicable amount set forth above. A unit of local government,
as defined in the Local Solid Waste Disposal Act, in which a
general construction or demolition debris recovery facility is
located may establish a fee, tax, or surcharge on the general construction or demolition debris recovery facility with
regard to the permanent disposal of solid waste by the
general construction or demolition debris recovery facility at
a solid waste disposal facility, provided that such fee, tax,
or surcharge shall not exceed 50% of the applicable amount set
forth above, based on the total amount of solid waste transported from the general construction or demolition debris recovery facility for disposal at solid waste disposal facilities, and the unit of local government and fee shall be
subject to all other requirements of this subsection (j).
A county or Municipal Joint Action Agency that imposes a fee, tax, or
surcharge under this subsection may use the proceeds thereof to reimburse a
municipality that lies wholly or partially within its boundaries for expenses
incurred in the removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local ordinance.
If the fees are to be used to conduct a local sanitary landfill
inspection or enforcement program, the unit of local government must enter
into a written delegation agreement with the Agency pursuant to subsection
(r) of Section 4. The unit of local government and the Agency shall enter
into such a written delegation agreement within 60 days after the
establishment of such fees. At least annually,
the Agency shall conduct an audit of the expenditures made by units of local
government from the funds granted by the Agency to the units of local
government for purposes of local sanitary landfill inspection and enforcement
programs, to ensure that the funds have been expended for the prescribed
purposes under the grant.
The fees, taxes or surcharges collected under this subsection (j) shall
be placed by the unit of local government in a separate fund, and the
interest received on the moneys in the fund shall be credited to the fund. The
monies in the fund may be accumulated over a period of years to be
expended in accordance with this subsection.
A unit of local government, as defined in the Local Solid Waste Disposal
Act, shall prepare and post on its website, in April of each year, a
report that details spending plans for monies collected in accordance with
this subsection. The report will at a minimum include the following:
(1) The total monies collected pursuant to this
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(2) The most current balance of monies collected
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| pursuant to this subsection.
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(3) An itemized accounting of all monies expended for
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| the previous year pursuant to this subsection.
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(4) An estimation of monies to be collected for the
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| following 3 years pursuant to this subsection.
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(5) A narrative detailing the general direction and
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| scope of future expenditures for one, 2 and 3 years.
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The exemptions granted under Sections 22.16 and 22.16a, and under
subsection (k) of this Section, shall be applicable to any fee,
tax or surcharge imposed under this subsection (j); except that the fee,
tax or surcharge authorized to be imposed under this subsection (j) may be
made applicable by a unit of local government to the permanent disposal of
solid waste after December 31, 1986, under any contract lawfully executed
before June 1, 1986 under which more than 150,000 cubic yards (or 50,000 tons)
of solid waste is to be permanently disposed of, even though the waste is
exempt from the fee imposed by the State under subsection (b) of this Section
pursuant to an exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the Illinois Solid
Waste Management Act, beginning January 1, 1989 the fee under subsection
(b) and the fee, tax or surcharge under subsection (j) shall not apply to:
(1) waste which is hazardous waste;
(2) waste which is pollution control waste;
(3) waste from recycling, reclamation or reuse
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| processes which have been approved by the Agency as being designed to remove any contaminant from wastes so as to render such wastes reusable, provided that the process renders at least 50% of the waste reusable; the exemption set forth in this paragraph (3) of this subsection (k) shall not apply to general construction or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160;
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(4) non-hazardous solid waste that is received at a
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| sanitary landfill and composted or recycled through a process permitted by the Agency; or
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(5) any landfill which is permitted by the Agency to
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| receive only demolition or construction debris or landscape waste.
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(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1055, eff. 6-10-22; 103-383, eff. 7-28-23.)
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