(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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| site by the end of each operating day;
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(13) failure to submit any cost estimate for the site
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| 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
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| defined in Section 3.160(a) of this Act; or
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(ii) clean construction or demolition debris as
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| 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
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| 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:
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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 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
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| 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
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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) the owner or operator, by January 1 of each
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| 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
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| nearest potable water supply well;
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(II) was placed outside the boundary of the
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| 10-year floodplain or on a part of the site that is floodproofed;
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(III) was placed either (aa) at least 1/4
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| 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
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| 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
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(3) such waste is stored or disposed of at a site or
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| 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
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| 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
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(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.
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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 .)
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(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:
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(A) 9 cents per gallon or $18.18 per cubic yard,
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| 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
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| 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.
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(C) If the hazardous waste disposal site is an
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| 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.
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(D) 3 cents per gallon or $6.06 per cubic yard of
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| 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
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| to the Fund such amounts as it deems necessary to fulfill the purposes of this Act.
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(3) The Agency shall have the authority to accept,
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| 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.
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(4) Of the amount collected as fees provided for in
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| 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.
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(5) Notwithstanding the other provisions of this
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| 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.
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(6) For the purposes of this subsection (b),
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| "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.
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(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
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| 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.
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(2) To meet any requirements which must be met by the
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| State in order to obtain federal funds pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (P.L. 96-510).
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(3) In an amount up to 30% of the amount collected as
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| 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.
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(4) To fund the development and implementation of the
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| model pesticide collection program under Section 19.1 of the Illinois Pesticide Act.
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(5) To the extent the Agency has received and
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| 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.
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(6) In an amount up to 15% of the fees collected
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| annually under subsection (b) of this Section, for use by the Agency for administration of the provisions of this Section.
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(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
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| from which there is a release or substantial threat of release of a hazardous substance or pesticide;
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(2) any person who at the time of disposal,
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| 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;
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(3) any person who by contract, agreement, or
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| 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
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(4) any person who accepts or accepted any hazardous
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| 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.
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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
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| 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.
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(2) Nothing in this Section, including the provisions
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| 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.
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(h) For purposes of this Section:
(1) The term "facility" means:
(A) any building, structure, installation,
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| 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
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(B) any site or area where a hazardous substance
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| has been deposited, stored, disposed of, placed, or otherwise come to be located.
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(2) The term "owner or operator" means:
(A) any person owning or operating a vessel or
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(B) in the case of an abandoned facility, any
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| 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;
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(C) in the case of a land trust as defined in
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| Section 2 of the Land Trustee as Creditor Act, the person owning the beneficial interest in the land trust;
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(D) in the case of a fiduciary (other than a land
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| 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;
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(E) in the case of a "financial institution",
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| 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;
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(F) In the case of an owner of residential
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| 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.
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(G) In the case of any facility, title or control
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| 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.
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(H) The term "owner or operator" does not include
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| 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).
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(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
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| 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
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(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
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| 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
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| 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
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| 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;
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(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 .)
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(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.
|
|
(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; 103-8, 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.
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|
(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;
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|
(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
|
|
(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; 103-383, eff. 7-28-23.)
|
(415 ILCS 5/22.51)
Sec. 22.51. Clean Construction or Demolition Debris Fill Operations. (a) No person shall conduct any clean construction or demolition debris fill operation in violation of this Act or any regulations or standards adopted by the Board. (b)(1)(A) Beginning August 18, 2005 but prior to July 1, 2008, no person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation, unless they have applied for an interim authorization from the Agency for the clean construction or demolition debris fill operation. (B) The Agency shall approve an interim authorization upon its receipt of a written application for the interim authorization that is signed by the site owner and the site operator, or their duly authorized agent, and that contains the following information: (i) the location of the site where the clean construction or demolition debris fill operation is taking place, (ii) the name and address of the site owner, (iii) the name and address of the site operator, and (iv) the types and amounts of clean construction or demolition debris being used as fill material at the site. (C) The Agency may deny an interim authorization if the site owner or the site operator, or their duly authorized agent, fails to provide to the Agency the information listed in subsection (b)(1)(B) of
this Section. Any denial of an interim authorization shall be subject to appeal to the Board in accordance with the procedures of Section 40 of this Act. (D) No person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation for which the Agency has denied interim authorization under subsection (b)(1)(C) of this Section. The Board may stay the prohibition of this subsection (D) during the pendency of an appeal of the Agency's denial of the interim authorization brought under subsection (b)(1)(C) of this Section. (2) Beginning September 1, 2006, owners and
operators of clean construction or demolition debris fill operations shall, in accordance with a schedule prescribed by the Agency, submit to the Agency applications for the
permits required under this Section. The Agency shall notify owners and operators in writing of the due date for their permit application. The due date shall be no less than 90 days after the date of the Agency's written notification. Owners and operators who do not receive a written notification from the Agency by October 1, 2007, shall submit a permit application to the Agency by January 1, 2008. The interim authorization of owners and operators who fail to submit a permit application to the Agency by the permit application's due date shall terminate on (i) the due
date established by the Agency if the owner or operator received a written notification from the Agency prior to
October 1, 2007, or (ii) or January 1, 2008, if the owner or operator did not receive a written notification from the Agency by October 1, 2007. (3) On and after July 1, 2008, no person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation (i) without a permit granted by the Agency for the clean construction or demolition debris fill operation 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 Board regulations and standards adopted under this Act or (ii) in violation of any regulations or standards adopted by the Board under this Act. (4) This subsection (b) does not apply to: (A) the use of clean construction or demolition |
| debris as fill material in a current or former quarry, mine, or other excavation located on the site where the clean construction or demolition debris was generated;
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|
(B) the use of clean construction or demolition
|
| debris as fill material in an excavation other than a current or former quarry or mine if this use complies with Illinois Department of Transportation specifications; or
|
|
(C) current or former quarries, mines, and other
|
| excavations that do not use clean construction or demolition debris as fill material.
|
|
(c) In accordance with Title VII of this Act, the Board may adopt regulations to promote the purposes of this Section. The Agency shall consult with the mining and construction industries during the development of any regulations to promote the purposes of this Section.
(1) No later than December 15, 2005, the Agency shall
|
| propose to the Board, and no later than September 1, 2006, the Board shall adopt, regulations for the use of clean construction or demolition debris as fill material in current and former quarries, mines, and other excavations. Such regulations shall include, but shall not be limited to, standards for clean construction or demolition debris fill operations and the submission and review of permits required under this Section.
|
|
(2) Until the Board adopts rules under subsection
|
| (c)(1) of this Section, all persons using clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation shall:
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|
(A) Assure that only clean construction or
|
| demolition debris is being used as fill material by screening each truckload of material received using a device approved by the Agency that detects volatile organic compounds. Such devices may include, but are not limited to, photo ionization detectors. All screening devices shall be operated and maintained in accordance with manufacturer's specifications. Unacceptable fill material shall be rejected from the site; and
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|
(B) Retain for a minimum of 3 years the following
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|
(i) The name of the hauler, the name of the
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| generator, and place of origin of the debris or soil;
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|
(ii) The approximate weight or volume of the
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|
(iii) The date the debris or soil was
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|
(d) This Section applies only to clean construction or demolition debris that is not considered "waste" as provided in Section 3.160 of this Act.
(e) For purposes of this Section:
(1) The term "operator" means a person responsible
|
| for the operation and maintenance of a clean construction or demolition debris fill operation.
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|
(2) The term "owner" means a person who has any
|
| direct or indirect interest in a clean construction or demolition debris fill operation or in land on which a person operates and maintains a clean construction or demolition debris fill operation. A "direct or indirect interest" does not include the ownership of publicly traded stock. The "owner" is the "operator" if there is no other person who is operating and maintaining a clean construction or demolition debris fill operation.
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|
(3) The term "clean construction or demolition debris
|
| fill operation" means a current or former quarry, mine, or other excavation where clean construction or demolition debris is used as fill material.
|
|
(4) The term "uncontaminated soil" shall have the
|
| same meaning as uncontaminated soil under Section 3.160 of this Act.
|
|
(f)(1) No later than one year after the effective date of this amendatory Act of the 96th General Assembly, the Agency shall propose to the Board, and, no later than one year after the Board's receipt of the Agency's proposal, the Board shall adopt, rules for the use of clean construction or demolition debris and uncontaminated soil as fill material at clean construction or demolition debris fill operations. The rules must include standards and procedures necessary to protect groundwater, which may include, but shall not be limited to, the following: requirements regarding testing and certification of soil used as fill material, surface water runoff, liners or other protective barriers, monitoring (including, but not limited to, groundwater monitoring), corrective action, recordkeeping, reporting, closure and post-closure care, financial assurance, post-closure land use controls, location standards, and the modification of existing permits to conform to the requirements of this Act and Board rules. The rules may also include limits on the use of recyclable concrete and asphalt as fill material at clean construction or demolition debris fill operations, taking into account factors such as technical feasibility, economic reasonableness, and the availability of markets for such materials.
(2) Until the effective date of the Board rules adopted under subdivision (f)(1) of this Section, and in addition to any other requirements, owners and operators of clean construction or demolition debris fill operations must do all of the following in subdivisions (f)(2)(A) through (f)(2)(D) of this Section for all clean construction or demolition debris and uncontaminated soil accepted for use as fill material. The requirements in subdivisions (f)(2)(A) through (f)(2)(D) of this Section shall not limit any rules adopted by the Board.
(A) Document the following information for each load
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| of clean construction or demolition debris or uncontaminated soil received: (i) the name of the hauler, the address of the site of origin, and the owner and the operator of the site of origin of the clean construction or demolition debris or uncontaminated soil, (ii) the weight or volume of the clean construction or demolition debris or uncontaminated soil, and (iii) the date the clean construction or demolition debris or uncontaminated soil was received.
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|
(B) For all soil, obtain either (i) a certification
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| from the owner or operator of the site from which the soil was removed that the site has never been used for commercial or industrial purposes and is presumed to be uncontaminated soil or (ii) a certification from a licensed Professional Engineer or licensed Professional Geologist that the soil is uncontaminated soil. Certifications required under this subdivision (f)(2)(B) must be on forms and in a format prescribed by the Agency.
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|
(C) Confirm that the clean construction or demolition
|
| debris or uncontaminated soil was not removed from a site as part of a cleanup or removal of contaminants, including, but not limited to, activities conducted under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; as part of a Closure or Corrective Action under the Resource Conservation and Recovery Act, as amended; or under an Agency remediation program, such as the Leaking Underground Storage Tank Program or Site Remediation Program, but excluding sites subject to Section 58.16 of this Act where there is no presence or likely presence of a release or a substantial threat of a release of a regulated substance at, on, or from the real property.
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|
(D) Document all activities required under
|
| subdivision (f)(2) of this Section. Documentation of any chemical analysis must include, but is not limited to, (i) a copy of the lab analysis, (ii) accreditation status of the laboratory performing the analysis, and (iii) certification by an authorized agent of the laboratory that the analysis has been performed in accordance with the Agency's rules for the accreditation of environmental laboratories and the scope of accreditation.
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|
(3) Owners and operators of clean construction or demolition debris fill operations must maintain all documentation required under subdivision (f)(2) of this Section for a minimum of 3 years following the receipt of each load of clean construction or demolition debris or uncontaminated soil, except that documentation relating to an appeal, litigation, or other disputed claim must be maintained until at least 3 years after the date of the final disposition of the appeal, litigation, or other disputed claim. Copies of the documentation must be made available to the Agency and to units of local government for inspection and copying during normal business hours. The Agency may prescribe forms and formats for the documentation required under subdivision (f)(2) of this Section.
Chemical analysis conducted under subdivision (f)(2) of this Section must be conducted in accordance with the requirements of 35 Ill. Adm. Code 742, as amended, and "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA Publication No. SW-846, as amended.
(g)(1) No person shall use soil other than uncontaminated soil as fill material at a clean construction or demolition debris fill operation.
(2) No person shall use construction or demolition debris other than clean construction or demolition debris as fill material at a clean construction or demolition debris fill operation.
(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
|
(415 ILCS 5/22.55) Sec. 22.55. Household waste drop-off points. (a) Findings; purpose and intent. (1) The General Assembly finds that protection of |
| human health and the environment can be enhanced if certain commonly generated household wastes are managed separately from the general household waste stream.
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|
(2) The purpose of this Section is to provide, to the
|
| extent allowed under federal law, a method for managing certain types of household waste separately from the general household waste stream.
|
|
(b) Definitions. For the purposes of this Section:
"Compostable waste" means household waste that is
|
| source-separated food scrap, household waste that is source-separated landscape waste, or a mixture of both.
|
|
"Controlled substance" means a controlled substance
|
| as defined in the Illinois Controlled Substances Act.
|
|
"Household waste" means waste generated from a single
|
| residence or multiple residences.
|
|
"Household waste drop-off point" means the portion of
|
| a site or facility used solely for the receipt and temporary storage of household waste.
|
|
"One-day compostable waste collection event" means a
|
| household waste drop-off point approved by a county or municipality under subsection (d-5) of this Section.
|
|
"One-day household waste collection event" means a
|
| household waste drop-off point approved by the Agency under subsection (d) of this Section.
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|
"Permanent compostable waste collection point" means
|
| a household waste drop-off point approved by a county or municipality under subsection (d-6) of this Section.
|
|
"Personal care product" means an item other than a
|
| pharmaceutical product that is consumed or applied by an individual for personal health, hygiene, or cosmetic reasons. Personal care products include, but are not limited to, items used in bathing, dressing, or grooming.
|
|
"Pharmaceutical product" means medicine or a product
|
| containing medicine. A pharmaceutical product may be sold by prescription or over the counter. "Pharmaceutical product" does not include medicine that contains a radioactive component or a product that contains a radioactive component.
|
|
"Recycling coordinator" means the person designated
|
| by each county waste management plan to administer the county recycling program, as set forth in the Solid Waste Management Act.
|
|
(c) Except as otherwise provided in Agency rules, the following requirements apply to each household waste drop-off point, other than a one-day household waste collection event, one-day compostable waste collection event, or permanent compostable waste collection point:
(1) A household waste drop-off point must not accept
|
| waste other than the following types of household waste: pharmaceutical products, personal care products, batteries other than lead-acid batteries, paints, automotive fluids, compact fluorescent lightbulbs, mercury thermometers, and mercury thermostats. A household waste drop-off point may accept controlled substances in accordance with federal law.
|
|
(2) Except as provided in subdivision (c)(2) of this
|
| Section, household waste drop-off points must be located at a site or facility where the types of products accepted at the household waste drop-off point are lawfully sold, distributed, or dispensed. For example, household waste drop-off points that accept prescription pharmaceutical products must be located at a site or facility where prescription pharmaceutical products are sold, distributed, or dispensed.
|
|
(A) Subdivision (c)(2) of this Section does not
|
| apply to household waste drop-off points operated by a government or school entity, or by an association or other organization of government or school entities.
|
|
(B) Household waste drop-off points that accept
|
| mercury thermometers can be located at any site or facility where non-mercury thermometers are sold, distributed, or dispensed.
|
|
(C) Household waste drop-off points that accept
|
| mercury thermostats can be located at any site or facility where non-mercury thermostats are sold, distributed, or dispensed.
|
|
(3) The location of acceptance for each type of waste
|
| accepted at the household waste drop-off point must be clearly identified. Locations where pharmaceutical products are accepted must also include a copy of the sign required under subsection (j) of this Section.
|
|
(4) Household waste must be accepted only from
|
| private individuals. Waste must not be accepted from other persons, including, but not limited to, owners and operators of rented or leased residences where the household waste was generated, commercial haulers, and other commercial, industrial, agricultural, and government operations or entities.
|
|
(5) If more than one type of household waste is
|
| accepted, each type of household waste must be managed separately prior to its packaging for off-site transfer.
|
|
(6) Household waste must not be stored for longer
|
| than 90 days after its receipt, except as otherwise approved by the Agency in writing.
|
|
(7) Household waste must be managed in a manner that
|
| protects against releases of the waste, prevents nuisances, and otherwise protects human health and the environment. Household waste must also be properly secured to prevent unauthorized public access to the waste, including, but not limited to, preventing access to the waste during the non-business hours of the site or facility on which the household waste drop-off point is located. Containers in which pharmaceutical products are collected must be clearly marked "No Controlled Substances", unless the household waste drop-off point accepts controlled substances in accordance with federal law.
|
|
(8) Management of the household waste must be limited
|
| to the following: (i) acceptance of the waste, (ii) temporary storage of the waste prior to transfer, and (iii) off-site transfer of the waste and packaging for off-site transfer.
|
|
(9) Off-site transfer of the household waste must
|
| comply with federal and State laws and regulations.
|
|
(d) One-day household waste collection events. To further aid in the collection of certain household wastes, the Agency may approve the operation of one-day household waste collection events. The Agency shall not approve a one-day household waste collection event at the same site or facility for more than one day each calendar quarter. Requests for approval must be submitted on forms prescribed by the Agency. The Agency must issue its approval in writing, and it may impose conditions as necessary to protect human health and the environment and to otherwise accomplish the purposes of this Act. One-day household waste collection events must be operated in accordance with the Agency's approval, including all conditions contained in the approval. The following requirements apply to all one-day household waste collection events, in addition to the conditions contained in the Agency's approval:
(1) Waste accepted at the event must be limited to
|
| household waste and must not include garbage, landscape waste, or other waste excluded by the Agency in the Agency's approval or any conditions contained in the approval. A one-day household waste collection event may accept controlled substances in accordance with federal law.
|
|
(2) Household waste must be accepted only from
|
| private individuals. Waste must not be accepted from other persons, including, but not limited to, owners and operators of rented or leased residences where the household waste was generated, commercial haulers, and other commercial, industrial, agricultural, and government operations or entities.
|
|
(3) Household waste must be managed in a manner that
|
| protects against releases of the waste, prevents nuisances, and otherwise protects human health and the environment. Household waste must also be properly secured to prevent public access to the waste, including, but not limited to, preventing access to the waste during the event's non-business hours.
|
|
(4) Management of the household waste must be limited
|
| to the following: (i) acceptance of the waste, (ii) temporary storage of the waste before transfer, and (iii) off-site transfer of the waste or packaging for off-site transfer.
|
|
(5) Except as otherwise approved by the Agency, all
|
| household waste received at the collection event must be transferred off-site by the end of the day following the collection event.
|
|
(6) The transfer and ultimate disposition of
|
| household waste received at the collection event must comply with the Agency's approval, including all conditions contained in the approval.
|
|
(d-5) One-day compostable waste collection event. To further aid in the collection and composting of compostable waste, as defined in subsection (b), a municipality may approve the operation of one-day compostable waste collection events at any site or facility within its territorial jurisdiction, and a county may approve the operation of one-day compostable waste collection events at any site or facility in any unincorporated area within its territorial jurisdiction. The approval granted under this subsection (d-5) must be in writing; must specify the date, location, and time of the event; and must list the types of compostable waste that will be collected at the event. If the one-day compostable waste collection event is to be operated at a location within a county with a population of more than 400,000 but less than 2,000,000 inhabitants, according to the 2010 decennial census, then the operator of the event shall, at least 30 days before the event, provide a copy of the approval to the recycling coordinator designated by that county. The approval granted under this subsection (d-5) may include conditions imposed by the county or municipality as necessary to protect public health and prevent odors, vectors, and other nuisances. A one-day compostable waste collection event approved under this subsection (d-5) must be operated in accordance with the approval, including all conditions contained in the approval. The following requirements shall apply to the one-day compostable waste collection event, in addition to the conditions contained in the approval:
(1) Waste accepted at the event must be limited to
|
| the types of compostable waste authorized to be accepted under the approval.
|
|
(2) Information promoting the event and signs at
|
| the event must clearly indicate the types of compostable waste approved for collection. To discourage the receipt of other waste, information promoting the event and signs at the event must also include:
|
|
(A) examples of compostable waste being
|
|
(B) examples of waste that is not being collected.
(3) Compostable waste must be accepted only from
|
| private individuals. It may not be accepted from other persons, including, but not limited to, owners and operators of rented or leased residences where it was generated, commercial haulers, and other commercial, industrial, agricultural, and government operations or entities.
|
|
(4) Compostable waste must be managed in a manner
|
| that protects against releases of the waste, prevents nuisances, and otherwise protects human health and the environment. Compostable waste must be properly secured to prevent it from being accessed by the public at any time, including, but not limited to, during the collection event's non-operating hours. One-day compostable waste collection events must be adequately supervised during their operating hours.
|
|
(5) Compostable waste must be secured in
|
| non-porous, rigid, leak-proof containers that:
|
|
(A) are covered, except when the compostable
|
| waste is being added to or removed from the containers or it is otherwise necessary to access the compostable waste;
|
|
(B) prevent precipitation from draining through
|
|
(C) prevent dispersion of the compostable waste
|
|
(D) contain spills or releases that could create
|
| nuisances or otherwise harm human health or the environment;
|
|
(E) limit access to the compostable waste by
|
|
(F) control odors and other nuisances; and
(G) provide for storage, removal, and off-site
|
| transfer of the compostable waste in a manner that protects its ability to be composted.
|
|
(6) No more than a total of 40 cubic yards of
|
| compostable waste shall be located at the collection site at any one time.
|
|
(7) Management of the compostable waste must be
|
| limited to the following: (A) acceptance, (B) temporary storage before transfer, and (C) off-site transfer.
|
|
(8) All compostable waste received at the event
|
| must be transferred off-site to a permitted compost facility by no later than 48 hours after the event ends or by the end of the first business day after the event ends, whichever is sooner.
|
|
(9) If waste other than compostable waste is
|
| received at the event, then that waste must be disposed of within 48 hours after the event ends or by the end of the first business day after the event ends, whichever is sooner.
|
|
(d-6) Permanent compostable waste collection points. To further aid in the collection and composting of compostable waste, as defined in subsection (b), a municipality may approve the operation of permanent compostable waste collection points at any site or facility within its territorial jurisdiction, and a county may approve the operation of permanent compostable waste collection points at any site or facility in any unincorporated area within its territorial jurisdiction. The approval granted pursuant to this subsection (d-6) must be in writing; must specify the location, operating days, and operating hours of the collection point; must list the types of compostable waste that will be collected at the collection point; and must specify a term of not more than 365 calendar days during which the approval will be effective. In addition, if the permanent compostable waste collection point is to be operated at a location within a county with a population of more than 400,000 but less than 2,000,000 inhabitants, according to the 2010 federal decennial census, then the operator of the collection point shall, at least 30 days before the collection point begins operation, provide a copy of the approval to the recycling coordinator designated by that county. The approval may include conditions imposed by the county or municipality as necessary to protect public health and prevent odors, vectors, and other nuisances. A permanent compostable waste collection point approved pursuant to this subsection (d-6) must be operated in accordance with the approval, including all conditions contained in the approval. The following requirements apply to the permanent compostable waste collection point, in addition to the conditions contained in the approval:
(1) Waste accepted at the collection point must be
|
| limited to the types of compostable waste authorized to be accepted under the approval.
|
|
(2) Information promoting the collection point and
|
| signs at the collection point must clearly indicate the types of compostable waste approved for collection. To discourage the receipt of other waste, information promoting the collection point and signs at the collection point must also include (A) examples of compostable waste being collected and (B) examples of waste that is not being collected.
|
|
(3) Compostable waste must be accepted only from
|
| private individuals. It may not be accepted from other persons, including, but not limited to, owners and operators of rented or leased residences where it was generated, commercial haulers, and other commercial, industrial, agricultural, and government operations or entities.
|
|
(4) Compostable waste must be managed in a manner
|
| that protects against releases of the waste, prevents nuisances, and otherwise protects human health and the environment. Compostable waste must be properly secured to prevent it from being accessed by the public at any time, including, but not limited to, during the collection point's non-operating hours. Permanent compostable waste collection points must be adequately supervised during their operating hours.
|
|
(5) Compostable waste must be secured in
|
| non-porous, rigid, leak-proof containers that:
|
|
(A) are no larger than 10 cubic yards in size;
(B) are covered, except when the compostable
|
| waste is being added to or removed from the container or it is otherwise necessary to access the compostable waste;
|
|
(C) prevent precipitation from draining through
|
|
(D) prevent dispersion of the compostable waste
|
|
(E) contain spills or releases that could
|
| create nuisances or otherwise harm human health or the environment;
|
|
(F) limit access to the compostable waste by
|
|
(G) control odors and other nuisances; and
(H) provide for storage, removal, and off-site
|
| transfer of the compostable waste in a manner that protects its ability to be composted.
|
|
(6) No more than a total of 10 cubic yards of
|
| compostable waste shall be located at the permanent compostable waste collection site at any one time.
|
|
(7) Management of the compostable waste must be
|
| limited to the following: (A) acceptance, (B) temporary storage before transfer, and (C) off-site transfer.
|
|
(8) All compostable waste received at the permanent
|
| compostable waste collection point must be transferred off-site to a permitted compost facility not less frequently than once every 7 days.
|
|
(9) If a permanent compostable waste collection
|
| point receives waste other than compostable waste, then that waste must be disposed of not less frequently than once every 7 days.
|
|
(e) The Agency may adopt rules governing the operation of household waste drop-off points, other than one-day household waste collection events, one-day compostable waste collection events, and permanent compostable waste collection points. Those rules must be designed to protect against releases of waste to the environment, prevent nuisances, and otherwise protect human health and the environment. As necessary to address different circumstances, the regulations may contain different requirements for different types of household waste and different types of household waste drop-off points, and the regulations may modify the requirements set forth in subsection (c) of this Section. The regulations may include, but are not limited to, the following: (i) identification of additional types of household waste that can be collected at household waste drop-off points, (ii) identification of the different types of household wastes that can be received at different household waste drop-off points, (iii) the maximum amounts of each type of household waste that can be stored at household waste drop-off points at any one time, and (iv) the maximum time periods each type of household waste can be stored at household waste drop-off points.
(f) Prohibitions.
(1) Except as authorized in a permit issued by the
|
| Agency, no person shall cause or allow the operation of a household waste drop-off point, other than a one-day household waste collection event, one-day compostable waste collection event, or permanent compostable waste collection point, in violation of this Section or any regulations adopted under this Section.
|
|
(2) No person shall cause or allow the operation of a
|
| one-day household waste collection event in violation of this Section or the Agency's approval issued under subsection (d) of this Section, including all conditions contained in the approval.
|
|
(3) No person shall cause or allow the operation of
|
| a one-day compostable waste collection event in violation of this Section or the approval issued for the one-day compostable waste collection event under subsection (d-5) of this Section, including all conditions contained in the approval.
|
|
(4) No person shall cause or allow the operation of
|
| a permanent compostable waste collection event in violation of this Section or the approval issued for the permanent compostable waste collection point under subsection (d-6) of this Section, including all conditions contained in the approval.
|
|
(g) Permit exemptions.
(1) No permit is required under subdivision (d)(1) of
|
| Section 21 of this Act for the operation of a household waste drop-off point, other than a one-day household waste collection event, one-day compostable waste collection event, or permanent compostable waste collection point, if the household waste drop-off point is operated in accordance with this Section and all regulations adopted under this Section.
|
|
(2) No permit is required under subdivision (d)(1) of
|
| Section 21 of this Act for the operation of a one-day household waste collection event if the event is operated in accordance with this Section and the Agency's approval issued under subsection (d) of this Section, including all conditions contained in the approval, or for the operation of a household waste collection event by the Agency.
|
|
(3) No permit is required under paragraph (1) of
|
| subsection (d) of Section 21 of this Act for the operation of a one-day compostable waste collection event if the compostable waste collection event is operated in accordance with this Section and the approval issued for the compostable waste collection point under subsection (d-5) of this Section, including all conditions contained in the approval.
|
|
(4) No permit is required under paragraph (1) of
|
| subsection (d) of Section 21 of this Act for the operation of a permanent compostable waste collection point if the collection point is operated in accordance with this Section and the approval issued for the compostable waste collection event under subsection (d-6) of this Section, including all conditions contained in the approval.
|
|
(h) This Section does not apply to the following:
(1) Persons accepting household waste that they are
|
| authorized to accept under a permit issued by the Agency.
|
|
(2) Sites or facilities operated pursuant to an
|
| intergovernmental agreement entered into with the Agency under Section 22.16b(d) of this Act.
|
|
(i) (Blank).
(j) (Blank).
(k) If an entity chooses to participate as a household waste drop-off point, then it must follow the provisions of this Section and any rules the Agency may adopt governing household waste drop-off points.
(l) (Blank).
(Source: P.A. 102-1055, eff. 6-10-22.)
|
(415 ILCS 5/22.59) Sec. 22.59. CCR surface impoundments. (a) The General Assembly finds that: (1) the State of Illinois has a long-standing policy |
| to restore, protect, and enhance the environment, including the purity of the air, land, and waters, including groundwaters, of this State;
|
|
(2) a clean environment is essential to the growth
|
| and well-being of this State;
|
|
(3) CCR generated by the electric generating industry
|
| has caused groundwater contamination and other forms of pollution at active and inactive plants throughout this State;
|
|
(4) environmental laws should be supplemented to
|
| ensure consistent, responsible regulation of all existing CCR surface impoundments; and
|
|
(5) meaningful participation of State residents,
|
| especially vulnerable populations who may be affected by regulatory actions, is critical to ensure that environmental justice considerations are incorporated in the development of, decision-making related to, and implementation of environmental laws and rulemaking that protects and improves the well-being of communities in this State that bear disproportionate burdens imposed by environmental pollution.
|
|
Therefore, the purpose of this Section is to promote a healthful environment, including clean water, air, and land, meaningful public involvement, and the responsible disposal and storage of coal combustion residuals, so as to protect public health and to prevent pollution of the environment of this State.
The provisions of this Section shall be liberally construed to carry out the purposes of this Section.
(b) No person shall:
(1) cause or allow the discharge of any contaminants
|
| from a CCR surface impoundment into the environment so as to cause, directly or indirectly, a violation of this Section or any regulations or standards adopted by the Board under this Section, either alone or in combination with contaminants from other sources;
|
|
(2) construct, install, modify, operate, or close any
|
| CCR surface impoundment without a permit granted by the Agency, or so as to violate any conditions imposed by such permit, any provision of this Section or any regulations or standards adopted by the Board under this Section;
|
|
(3) cause or allow, directly or indirectly, the
|
| discharge, deposit, injection, dumping, spilling, leaking, or placing of any CCR upon the land in a place and manner so as to cause or tend to cause a violation of this Section or any regulations or standards adopted by the Board under this Section; or
|
|
(4) construct, install, modify, or close a CCR
|
| surface impoundment in accordance with a permit issued under this Act without certifying to the Agency that all contractors, subcontractors, and installers utilized to construct, install, modify, or close a CCR surface impoundment are participants in:
|
|
(A) a training program that is approved by and
|
| registered with the United States Department of Labor's Employment and Training Administration and that includes instruction in erosion control and environmental remediation; and
|
|
(B) a training program that is approved by and
|
| registered with the United States Department of Labor's Employment and Training Administration and that includes instruction in the operation of heavy equipment and excavation.
|
|
Nothing in this paragraph (4) shall be construed to
|
| require providers of construction-related professional services to participate in a training program approved by and registered with the United States Department of Labor's Employment and Training Administration.
|
|
In this paragraph (4), "construction-related
|
| professional services" includes, but is not limited to, those services within the scope of: (i) the practice of architecture as regulated under the Illinois Architecture Practice Act of 1989; (ii) professional engineering as defined in Section 4 of the Professional Engineering Practice Act of 1989; (iii) the practice of a structural engineer as defined in Section 4 of the Structural Engineering Practice Act of 1989; or (iv) land surveying under the Illinois Professional Land Surveyor Act of 1989.
|
|
(c) (Blank).
(d) Before commencing closure of a CCR surface impoundment, in accordance with Board rules, the owner of a CCR surface impoundment must submit to the Agency for approval a closure alternatives analysis that analyzes all closure methods being considered and that otherwise satisfies all closure requirements adopted by the Board under this Act. Complete removal of CCR, as specified by the Board's rules, from the CCR surface impoundment must be considered and analyzed. Section 3.405 does not apply to the Board's rules specifying complete removal of CCR. The selected closure method must ensure compliance with regulations adopted by the Board pursuant to this Section.
(e) Owners or operators of CCR surface impoundments who have submitted a closure plan to the Agency before May 1, 2019, and who have completed closure prior to 24 months after July 30, 2019 (the effective date of Public Act 101-171) shall not be required to obtain a construction permit for the surface impoundment closure under this Section.
(f) Except for the State, its agencies and institutions, a unit of local government, or a not-for-profit electric cooperative as defined in Section 3.4 of the Electric Supplier Act, any person who owns or operates a CCR surface impoundment in this State shall post with the Agency a performance bond or other security for the purpose of: (i) ensuring closure of the CCR surface impoundment and post-closure care in accordance with this Act and its rules; and (ii) ensuring remediation of releases from the CCR surface impoundment. The only acceptable forms of financial assurance are: a trust fund, a surety bond guaranteeing payment, a surety bond guaranteeing performance, or an irrevocable letter of credit.
(1) The cost estimate for the post-closure care of a
|
| CCR surface impoundment shall be calculated using a 30-year post-closure care period or such longer period as may be approved by the Agency under Board or federal rules.
|
|
(2) The Agency is authorized to enter into such
|
| contracts and agreements as it may deem necessary to carry out the purposes of this Section. Neither the State, nor the Director, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under this Section.
|
|
(3) The Agency shall have the authority to approve or
|
| disapprove any performance bond or other security posted under this subsection. Any person whose performance bond or other security is disapproved by the Agency may contest the disapproval as a permit denial appeal pursuant to Section 40.
|
|
(g) The Board shall adopt rules establishing construction permit requirements, operating permit requirements, design standards, reporting, financial assurance, and closure and post-closure care requirements for CCR surface impoundments. Not later than 8 months after July 30, 2019 (the effective date of Public Act 101-171) the Agency shall propose, and not later than one year after receipt of the Agency's proposal the Board shall adopt, rules under this Section. The Board shall not be deemed in noncompliance with the rulemaking deadline due to delays in adopting rules as a result of the Joint Committee on Administrative Rules oversight process. The rules must, at a minimum:
(1) be at least as protective and comprehensive as
|
| the federal regulations or amendments thereto promulgated by the Administrator of the United States Environmental Protection Agency in Subpart D of 40 CFR 257 governing CCR surface impoundments;
|
|
(2) specify the minimum contents of CCR surface
|
| impoundment construction and operating permit applications, including the closure alternatives analysis required under subsection (d);
|
|
(3) specify which types of permits include
|
| requirements for closure, post-closure, remediation and all other requirements applicable to CCR surface impoundments;
|
|
(4) specify when permit applications for existing CCR
|
| surface impoundments must be submitted, taking into consideration whether the CCR surface impoundment must close under the RCRA;
|
|
(5) specify standards for review and approval by the
|
| Agency of CCR surface impoundment permit applications;
|
|
(6) specify meaningful public participation
|
| procedures for the issuance of CCR surface impoundment construction and operating permits, including, but not limited to, public notice of the submission of permit applications, an opportunity for the submission of public comments, an opportunity for a public hearing prior to permit issuance, and a summary and response of the comments prepared by the Agency;
|
|
(7) prescribe the type and amount of the performance
|
| bonds or other securities required under subsection (f), and the conditions under which the State is entitled to collect moneys from such performance bonds or other securities;
|
|
(8) specify a procedure to identify areas of
|
| environmental justice concern in relation to CCR surface impoundments;
|
|
(9) specify a method to prioritize CCR surface
|
| impoundments required to close under RCRA if not otherwise specified by the United States Environmental Protection Agency, so that the CCR surface impoundments with the highest risk to public health and the environment, and areas of environmental justice concern are given first priority;
|
|
(10) define when complete removal of CCR is achieved
|
| and specify the standards for responsible removal of CCR from CCR surface impoundments, including, but not limited to, dust controls and the protection of adjacent surface water and groundwater; and
|
|
(11) describe the process and standards for
|
| identifying a specific alternative source of groundwater pollution when the owner or operator of the CCR surface impoundment believes that groundwater contamination on the site is not from the CCR surface impoundment.
|
|
(h) Any owner of a CCR surface impoundment that generates CCR and sells or otherwise provides coal combustion byproducts pursuant to Section 3.135 shall, every 12 months, post on its publicly available website a report specifying the volume or weight of CCR, in cubic yards or tons, that it sold or provided during the past 12 months.
(i) The owner of a CCR surface impoundment shall post all closure plans, permit applications, and supporting documentation, as well as any Agency approval of the plans or applications, on its publicly available website.
(j) The owner or operator of a CCR surface impoundment shall pay the following fees:
(1) An initial fee to the Agency within 6 months
|
| after July 30, 2019 (the effective date of Public Act 101-171) of:
|
|
$50,000 for each closed CCR surface impoundment;
|
|
$75,000 for each CCR surface impoundment that
|
| have not completed closure.
|
|
(2) Annual fees to the Agency, beginning on July 1,
|
|
$25,000 for each CCR surface impoundment that has
|
| not completed closure; and
|
|
$15,000 for each CCR surface impoundment that has
|
| completed closure, but has not completed post-closure care.
|
|
(k) All fees collected by the Agency under subsection (j) shall be deposited into the Environmental Protection Permit and Inspection Fund.
(l) The Coal Combustion Residual Surface Impoundment Financial Assurance Fund is created as a special fund in the State treasury. Any moneys forfeited to the State of Illinois from any performance bond or other security required under this Section shall be placed in the Coal Combustion Residual Surface Impoundment Financial Assurance Fund and shall, upon approval by the Governor and the Director, be used by the Agency for the purposes for which such performance bond or other security was issued. The Coal Combustion Residual Surface Impoundment Financial Assurance Fund is not subject to the provisions of subsection (c) of Section 5 of the State Finance Act.
(m) The provisions of this Section shall apply, without limitation, to all existing CCR surface impoundments and any CCR surface impoundments constructed after July 30, 2019 (the effective date of Public Act 101-171), except to the extent prohibited by the Illinois or United States Constitutions.
(Source: P.A. 102-16, eff. 6-17-21; 102-137, eff. 7-23-21; 102-309, eff. 8-6-21; 102-558, eff. 8-20-21; 102-662, eff. 9-15-21; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)
|