(415 ILCS 5/22.15)
(Text of Section from P.A. 103-8) Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the Solid Waste Management Fund, to be
constituted from the fees collected by the State pursuant to this Section,
from repayments of loans made from the Fund for solid waste projects, from registration fees collected pursuant to the Consumer Electronics Recycling Act, and from amounts transferred into the Fund pursuant to Public Act 100-433.
Moneys received by either the Agency or the Department of Commerce and Economic Opportunity
in repayment of loans made pursuant to the Illinois Solid Waste Management
Act shall be deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a
fee in the amount set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency to dispose of
solid waste if the sanitary landfill is located off the site where such waste
was produced and if such sanitary landfill is owned, controlled, and operated
by a person other than the generator of such waste. The Agency shall deposit
all fees collected into the Solid Waste Management Fund. If a site is
contiguous to one or more landfills owned or operated by the same person, the
volumes permanently disposed of by each landfill shall be combined for purposes
of determining the fee under this subsection. Beginning on July 1, 2018, and on the first day of each month thereafter during fiscal years 2019 through 2024, the State Comptroller shall direct and State Treasurer shall transfer an amount equal to 1/12 of $5,000,000 per fiscal year from the Solid Waste Management Fund to the General Revenue Fund.
(1) If more than 150,000 cubic yards of non-hazardous solid waste is permanently |
| disposed of at a site in a calendar year, the owner or operator shall either pay a fee of 95 cents per cubic yard or, alternatively, the owner or operator may weigh the quantity of the solid waste permanently disposed of with a device for which certification has been obtained under the Weights and Measures Act and pay a fee of $2.00 per ton of solid waste permanently disposed of. In no case shall the fee collected or paid by the owner or operator under this paragraph exceed $1.55 per cubic yard or $3.27 per ton.
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|
(2) If more than 100,000 cubic yards but not more than 150,000 cubic yards of
|
| non-hazardous waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $52,630.
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|
(3) If more than 50,000 cubic yards but not more than 100,000 cubic yards of
|
| non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $23,790.
|
|
(4) If more than 10,000 cubic yards but not more than 50,000 cubic yards of
|
| non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $7,260.
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|
(5) If not more than 10,000 cubic yards of non-hazardous solid waste is permanently
|
| disposed of at a site in a calendar year, the owner or operator shall pay a fee of $1050.
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|
(c) (Blank).
(d) The Agency shall establish rules relating to the collection of the
fees authorized by this Section. Such rules shall include, but not be
limited to:
(1) necessary records identifying the quantities of 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
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|
(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.
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|
(e) Pursuant to appropriation, all monies in the Solid Waste Management
Fund shall be used by the Agency for the purposes set forth in this Section and in the Illinois
Solid Waste Management Act, including for the costs of fee collection and
administration, and for the administration of the Consumer Electronics Recycling Act and the Drug Take-Back Act.
(f) The Agency is authorized to enter into such agreements and to
promulgate such rules as are necessary to carry out its duties under this
Section and the Illinois Solid Waste Management Act.
(g) On the first day of January, April, July, and October of each year,
beginning on July 1, 1996, the State Comptroller and Treasurer shall
transfer $500,000 from the Solid Waste Management Fund to the Hazardous Waste
Fund. Moneys transferred under this subsection (g) shall be used only for the
purposes set forth in item (1) of subsection (d) of Section 22.2.
(h) The Agency is authorized to provide financial assistance to units of
local government for the performance of inspecting, investigating, and
enforcement activities pursuant to subsection (r) of Section 4 at nonhazardous solid
waste disposal sites.
(i) The Agency is authorized to conduct household waste collection and
disposal programs.
(j) A unit of local government, as defined in the Local Solid Waste Disposal
Act, in which a solid waste disposal facility is located may establish a fee,
tax, or surcharge with regard to the permanent disposal of solid waste.
All fees, taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including long-term monitoring
and maintenance of landfills, planning, implementation, inspection, enforcement
and other activities consistent with the Solid Waste Management Act and the
Local Solid Waste Disposal Act, or for any other environment-related purpose,
including, but not limited to, an environment-related public works project, but
not for the construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection (j) upon the
solid waste disposal facility shall not exceed:
(1) 60¢ per cubic yard if more than 150,000 cubic yards of non-hazardous solid waste is
|
| permanently disposed of at the site in a calendar year, unless the owner or operator weighs the quantity of the solid waste received with a device for which certification has been obtained under the Weights and Measures Act, in which case the fee shall not exceed $1.27 per ton of solid waste permanently disposed of.
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|
(2) $33,350 if more than 100,000 cubic yards, but not more than 150,000 cubic yards, of
|
| non-hazardous waste is permanently disposed of at the site in a calendar year.
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|
(3) $15,500 if more than 50,000 cubic yards, but not more than 100,000 cubic yards, of
|
| non-hazardous solid waste is permanently disposed of at the site in a calendar year.
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|
(4) $4,650 if more than 10,000 cubic yards, but not more than 50,000 cubic yards, of
|
| non-hazardous solid waste is permanently disposed of at the site in a calendar year.
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|
(5) $650 if not more than 10,000 cubic yards of non-hazardous solid waste is permanently
|
| disposed of at the site in a calendar year.
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|
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a highway
commissioner whose road district lies wholly or partially within the
corporate limits of the unit of local government for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has been dumped
on public property in violation of a State law or local ordinance.
For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160, the total fee, tax, or surcharge imposed by
all units of local government under this subsection (j) upon
the solid waste disposal facility shall not exceed 50% of the
applicable amount set forth above. A unit of local government,
as defined in the Local Solid Waste Disposal Act, in which a
general construction or demolition debris recovery facility is
located may establish a fee, tax, or surcharge on the general construction or demolition debris recovery facility with
regard to the permanent disposal of solid waste by the
general construction or demolition debris recovery facility at
a solid waste disposal facility, provided that such fee, tax,
or surcharge shall not exceed 50% of the applicable amount set
forth above, based on the total amount of solid waste transported from the general construction or demolition debris recovery facility for disposal at solid waste disposal facilities, and the unit of local government and fee shall be
subject to all other requirements of this subsection (j).
A county or Municipal Joint Action Agency that imposes a fee, tax, or
surcharge under this subsection may use the proceeds thereof to reimburse a
municipality that lies wholly or partially within its boundaries for expenses
incurred in the removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local ordinance.
If the fees are to be used to conduct a local sanitary landfill
inspection or enforcement program, the unit of local government must enter
into a written delegation agreement with the Agency pursuant to subsection
(r) of Section 4. The unit of local government and the Agency shall enter
into such a written delegation agreement within 60 days after the
establishment of such fees. At least annually,
the Agency shall conduct an audit of the expenditures made by units of local
government from the funds granted by the Agency to the units of local
government for purposes of local sanitary landfill inspection and enforcement
programs, to ensure that the funds have been expended for the prescribed
purposes under the grant.
The fees, taxes or surcharges collected under this subsection (j) shall
be placed by the unit of local government in a separate fund, and the
interest received on the moneys in the fund shall be credited to the fund. The
monies in the fund may be accumulated over a period of years to be
expended in accordance with this subsection.
A unit of local government, as defined in the Local Solid Waste Disposal
Act, shall prepare and post on its website, in April of each year, a
report that details spending plans for monies collected in accordance with
this subsection. The report will at a minimum include the following:
(1) The total monies collected pursuant to this subsection.
(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
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|
(4) An estimation of monies to be collected for the following 3 years pursuant to this
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|
(5) A narrative detailing the general direction and scope of future expenditures for
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|
The exemptions granted under Sections 22.16 and 22.16a, and under
subsection (k) of this Section, shall be applicable to any fee,
tax or surcharge imposed under this subsection (j); except that the fee,
tax or surcharge authorized to be imposed under this subsection (j) may be
made applicable by a unit of local government to the permanent disposal of
solid waste after December 31, 1986, under any contract lawfully executed
before June 1, 1986 under which more than 150,000 cubic yards (or 50,000 tons)
of solid waste is to be permanently disposed of, even though the waste is
exempt from the fee imposed by the State under subsection (b) of this Section
pursuant to an exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the Illinois Solid
Waste Management Act, beginning January 1, 1989 the fee under subsection
(b) and the fee, tax or surcharge under subsection (j) shall not apply to:
(1) waste which is hazardous waste;
(2) waste which is pollution control waste;
(3) waste from recycling, reclamation or reuse processes which have been approved by the
|
| Agency as being designed to remove any contaminant from wastes so as to render such wastes reusable, provided that the process renders at least 50% of the waste reusable; the exemption set forth in this paragraph (3) of this subsection (k) shall not apply to general construction or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160;
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|
(4) non-hazardous solid waste that is received at a sanitary landfill and composted or
|
| recycled through a process permitted by the Agency; or
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|
(5) any landfill which is permitted by the Agency to receive only demolition or
|
| construction debris or landscape waste.
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|
(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23.)
(Text of Section from P.A. 103-154)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the Solid Waste Management Fund, to be
constituted from the fees collected by the State pursuant to this Section,
from repayments of loans made from the Fund for solid waste projects, from registration fees collected pursuant to the Consumer Electronics Recycling Act, and from amounts transferred into the Fund pursuant to Public Act 100-433.
Moneys received by either the Agency or the Department of Commerce and Economic Opportunity
in repayment of loans made pursuant to the Illinois Solid Waste Management
Act shall be deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a
fee in the amount set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency to dispose of
solid waste if the sanitary landfill is located off the site where such waste
was produced and if such sanitary landfill is owned, controlled, and operated
by a person other than the generator of such waste. The Agency shall deposit
all fees collected into the Solid Waste Management Fund. If a site is
contiguous to one or more landfills owned or operated by the same person, the
volumes permanently disposed of by each landfill shall be combined for purposes
of determining the fee under this subsection. Beginning on July 1, 2018, and on the first day of each month thereafter during fiscal years 2019 through 2023, the State Comptroller shall direct and State Treasurer shall transfer an amount equal to 1/12 of $5,000,000 per fiscal year from the Solid Waste Management Fund to the General Revenue Fund.
(1) If more than 150,000 cubic yards of non-hazardous solid waste is permanently
|
| disposed of at a site in a calendar year, the owner or operator shall either pay a fee of 95 cents per cubic yard or, alternatively, the owner or operator may weigh the quantity of the solid waste permanently disposed of with a device for which certification has been obtained under the Weights and Measures Act and pay a fee of $2.00 per ton of solid waste permanently disposed of. In no case shall the fee collected or paid by the owner or operator under this paragraph exceed $1.55 per cubic yard or $3.27 per ton.
|
|
(2) If more than 100,000 cubic yards but not more than 150,000 cubic yards of
|
| non-hazardous waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $52,630.
|
|
(3) If more than 50,000 cubic yards but not more than 100,000 cubic yards of
|
| non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $23,790.
|
|
(4) If more than 10,000 cubic yards but not more than 50,000 cubic yards of
|
| non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $7,260.
|
|
(5) If not more than 10,000 cubic yards of non-hazardous solid waste is permanently
|
| disposed of at a site in a calendar year, the owner or operator shall pay a fee of $1050.
|
|
(c) (Blank).
(d) The Agency shall establish rules relating to the collection of the
fees authorized by this Section. Such rules shall include, but not be
limited to:
(1) necessary records identifying the quantities of solid waste received
or disposed;
(2) the form and submission of reports to accompany the payment of fees
to the Agency;
(3) the time and manner of payment of fees to the Agency, which payments shall not be
|
| more often than quarterly; and
|
|
(4) procedures setting forth criteria establishing when an owner or operator may measure
|
| by weight or volume during any given quarter or other fee payment period.
|
|
(e) Pursuant to appropriation, all monies in the Solid Waste Management
Fund shall be used by the Agency for the purposes set forth in this Section and in the Illinois
Solid Waste Management Act, including for the costs of fee collection and
administration, and for the administration of the Consumer Electronics Recycling Act and the Drug Take-Back Act.
(f) The Agency is authorized to enter into such agreements and to
promulgate such rules as are necessary to carry out its duties under this
Section and the Illinois Solid Waste Management Act.
(g) On the first day of January, April, July, and October of each year,
beginning on July 1, 1996, the State Comptroller and Treasurer shall
transfer $500,000 from the Solid Waste Management Fund to the Hazardous Waste
Fund. Moneys transferred under this subsection (g) shall be used only for the
purposes set forth in item (1) of subsection (d) of Section 22.2.
(h) The Agency is authorized to provide financial assistance to units of
local government for the performance of inspecting, investigating, and
enforcement activities pursuant to subsection (r) of Section 4 at nonhazardous solid
waste disposal sites.
(i) The Agency is authorized to conduct household waste collection and
disposal programs.
(j) A unit of local government, as defined in the Local Solid Waste Disposal
Act, in which a solid waste disposal facility is located may establish a fee,
tax, or surcharge with regard to the permanent disposal of solid waste.
All fees, taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including long-term monitoring
and maintenance of landfills, planning, implementation, inspection, enforcement
and other activities consistent with the Solid Waste Management Act and the
Local Solid Waste Disposal Act, or for any other environment-related purpose,
including, but not limited to, an environment-related public works project, but
not for the construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection (j) upon the
solid waste disposal facility shall not exceed:
(1) 60¢ per cubic yard if more than 150,000 cubic yards of non-hazardous solid waste is
|
| permanently disposed of at the site in a calendar year, unless the owner or operator weighs the quantity of the solid waste received with a device for which certification has been obtained under the Weights and Measures Act, in which case the fee shall not exceed $1.27 per ton of solid waste permanently disposed of.
|
|
(2) $33,350 if more than 100,000 cubic yards, but not more than 150,000 cubic yards, of
|
| non-hazardous waste is permanently disposed of at the site in a calendar year.
|
|
(3) $15,500 if more than 50,000 cubic yards, but not more than 100,000 cubic yards, of
|
| non-hazardous solid waste is permanently disposed of at the site in a calendar year.
|
|
(4) $4,650 if more than 10,000 cubic yards, but not more than 50,000 cubic yards, of
|
| non-hazardous solid waste is permanently disposed of at the site in a calendar year.
|
|
(5) $650 if not more than 10,000 cubic yards of non-hazardous solid waste is permanently
|
| disposed of at the site in a calendar year.
|
|
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a highway
commissioner whose road district lies wholly or partially within the
corporate limits of the unit of local government for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has been dumped
on public property in violation of a State law or local ordinance.
For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160, the total fee, tax, or surcharge imposed by
all units of local government under this subsection (j) upon
the solid waste disposal facility shall not exceed 50% of the
applicable amount set forth above. A unit of local government,
as defined in the Local Solid Waste Disposal Act, in which a
general construction or demolition debris recovery facility is
located may establish a fee, tax, or surcharge on the general construction or demolition debris recovery facility with
regard to the permanent disposal of solid waste by the
general construction or demolition debris recovery facility at
a solid waste disposal facility, provided that such fee, tax,
or surcharge shall not exceed 50% of the applicable amount set
forth above, based on the total amount of solid waste transported from the general construction or demolition debris recovery facility for disposal at solid waste disposal facilities, and the unit of local government and fee shall be
subject to all other requirements of this subsection (j).
A county or Municipal Joint Action Agency that imposes a fee, tax, or
surcharge under this subsection may use the proceeds thereof to reimburse a
municipality that lies wholly or partially within its boundaries for expenses
incurred in the removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local ordinance.
If the fees are to be used to conduct a local sanitary landfill
inspection or enforcement program, the unit of local government must enter
into a written delegation agreement with the Agency pursuant to subsection
(r) of Section 4. The unit of local government and the Agency shall enter
into such a written delegation agreement within 60 days after the
establishment of such fees. At least annually,
the Agency shall conduct an audit of the expenditures made by units of local
government from the funds granted by the Agency to the units of local
government for purposes of local sanitary landfill inspection and enforcement
programs, to ensure that the funds have been expended for the prescribed
purposes under the grant.
The fees, taxes or surcharges collected under this subsection (j) shall
be placed by the unit of local government in a separate fund, and the
interest received on the moneys in the fund shall be credited to the fund. The
monies in the fund may be accumulated over a period of years to be
expended in accordance with this subsection.
A unit of local government, as defined in the Local Solid Waste Disposal
Act, shall prepare and post on its website, in April of each year, a
report that details spending plans for monies collected in accordance with
this subsection. The report will at a minimum include the following:
(1) The total monies collected pursuant to this subsection.
(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
|
|
(4) An estimation of monies to be collected for the following 3 years pursuant to this
|
|
(5) A narrative detailing the general direction and scope of future expenditures for
|
|
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.
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(5) $650 if not more than 10,000 cubic yards of non-hazardous solid waste is permanently
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| disposed of at the site in a calendar year.
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The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a highway
commissioner whose road district lies wholly or partially within the
corporate limits of the unit of local government for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has been dumped
on public property in violation of a State law or local ordinance.
For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160, the total fee, tax, or surcharge imposed by
all units of local government under this subsection (j) upon
the solid waste disposal facility shall not exceed 50% of the
applicable amount set forth above. A unit of local government,
as defined in the Local Solid Waste Disposal Act, in which a
general construction or demolition debris recovery facility is
located may establish a fee, tax, or surcharge on the general construction or demolition debris recovery facility with
regard to the permanent disposal of solid waste by the
general construction or demolition debris recovery facility at
a solid waste disposal facility, provided that such fee, tax,
or surcharge shall not exceed 50% of the applicable amount set
forth above, based on the total amount of solid waste transported from the general construction or demolition debris recovery facility for disposal at solid waste disposal facilities, and the unit of local government and fee shall be
subject to all other requirements of this subsection (j).
A county or Municipal Joint Action Agency that imposes a fee, tax, or
surcharge under this subsection may use the proceeds thereof to reimburse a
municipality that lies wholly or partially within its boundaries for expenses
incurred in the removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local ordinance.
If the fees are to be used to conduct a local sanitary landfill
inspection or enforcement program, the unit of local government must enter
into a written delegation agreement with the Agency pursuant to subsection
(r) of Section 4. The unit of local government and the Agency shall enter
into such a written delegation agreement within 60 days after the
establishment of such fees. At least annually,
the Agency shall conduct an audit of the expenditures made by units of local
government from the funds granted by the Agency to the units of local
government for purposes of local sanitary landfill inspection and enforcement
programs, to ensure that the funds have been expended for the prescribed
purposes under the grant.
The fees, taxes or surcharges collected under this subsection (j) shall
be placed by the unit of local government in a separate fund, and the
interest received on the moneys in the fund shall be credited to the fund. The
monies in the fund may be accumulated over a period of years to be
expended in accordance with this subsection.
A unit of local government, as defined in the Local Solid Waste Disposal
Act, shall prepare and post on its website, in April of each year, a
report that details spending plans for monies collected in accordance with
this subsection. The report will at a minimum include the following:
(1) The total monies collected pursuant to this subsection.
(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
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(4) An estimation of monies to be collected for the following 3 years pursuant to this
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(5) A narrative detailing the general direction and scope of future expenditures for
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The exemptions granted under Sections 22.16 and 22.16a, and under
subsection (k) of this Section, shall be applicable to any fee,
tax or surcharge imposed under this subsection (j); except that the fee,
tax or surcharge authorized to be imposed under this subsection (j) may be
made applicable by a unit of local government to the permanent disposal of
solid waste after December 31, 1986, under any contract lawfully executed
before June 1, 1986 under which more than 150,000 cubic yards (or 50,000 tons)
of solid waste is to be permanently disposed of, even though the waste is
exempt from the fee imposed by the State under subsection (b) of this Section
pursuant to an exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the Illinois Solid
Waste Management Act, beginning January 1, 1989 the fee under subsection
(b) and the fee, tax or surcharge under subsection (j) shall not apply to:
(1) waste which is hazardous waste;
(2) waste which is pollution control waste;
(3) waste from recycling, reclamation or reuse processes which have been approved by the
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| Agency as being designed to remove any contaminant from wastes so as to render such wastes reusable, provided that the process renders at least 50% of the waste reusable; the exemption set forth in this paragraph (3) of this subsection (k) shall not apply to general construction or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160;
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(4) non-hazardous solid waste that is received at a sanitary landfill and composted or
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| recycled through a process permitted by the Agency; or
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(5) any landfill which is permitted by the Agency to receive only demolition or
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| construction debris or landscape waste.
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(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1055, eff. 6-10-22; 103-372, 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
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| disposed of at a site in a calendar year, the owner or operator shall either pay a fee of 95 cents per cubic yard or, alternatively, the owner or operator may weigh the quantity of the solid waste permanently disposed of with a device for which certification has been obtained under the Weights and Measures Act and pay a fee of $2.00 per ton of solid waste permanently disposed of. In no case shall the fee collected or paid by the owner or operator under this paragraph exceed $1.55 per cubic yard or $3.27 per ton.
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(2) If more than 100,000 cubic yards but not more than 150,000 cubic yards of
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| non-hazardous waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $52,630.
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(3) If more than 50,000 cubic yards but not more than 100,000 cubic yards of
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| non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $23,790.
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(4) If more than 10,000 cubic yards but not more than 50,000 cubic yards of
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| non-hazardous solid waste is permanently disposed of at a site in a calendar year, the owner or operator shall pay a fee of $7,260.
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(5) If not more than 10,000 cubic yards of non-hazardous solid waste is permanently
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| disposed of at a site in a calendar year, the owner or operator shall pay a fee of $1050.
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(c) (Blank).
(d) The Agency shall establish rules relating to the collection of the
fees authorized by this Section. Such rules shall include, but not be
limited to:
(1) necessary records identifying the quantities of 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
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| more often than quarterly; and
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(4) procedures setting forth criteria establishing when an owner or operator may measure
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| by weight or volume during any given quarter or other fee payment period.
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(e) Pursuant to appropriation, all monies in the Solid Waste Management
Fund shall be used by the Agency for the purposes set forth in this Section and in the Illinois
Solid Waste Management Act, including for the costs of fee collection and
administration, and for the administration of the Consumer Electronics Recycling Act, 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
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| permanently disposed of at the site in a calendar year, unless the owner or operator weighs the quantity of the solid waste received with a device for which certification has been obtained under the Weights and Measures Act, in which case the fee shall not exceed $1.27 per ton of solid waste permanently disposed of.
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(2) $33,350 if more than 100,000 cubic yards, but not more than 150,000 cubic yards, of
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| non-hazardous waste is permanently disposed of at the site in a calendar year.
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|
(3) $15,500 if more than 50,000 cubic yards, but not more than 100,000 cubic yards, of
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| non-hazardous solid waste is permanently disposed of at the site in a calendar year.
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|
(4) $4,650 if more than 10,000 cubic yards, but not more than 50,000 cubic yards, of
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| non-hazardous solid waste is permanently disposed of at the site in a calendar year.
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|
(5) $650 if not more than 10,000 cubic yards of non-hazardous solid waste is permanently
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| disposed of at the site in a calendar year.
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|
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a highway
commissioner whose road district lies wholly or partially within the
corporate limits of the unit of local government for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has been dumped
on public property in violation of a State law or local ordinance.
For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160, the total fee, tax, or surcharge imposed by
all units of local government under this subsection (j) upon
the solid waste disposal facility shall not exceed 50% of the
applicable amount set forth above. A unit of local government,
as defined in the Local Solid Waste Disposal Act, in which a
general construction or demolition debris recovery facility is
located may establish a fee, tax, or surcharge on the general construction or demolition debris recovery facility with
regard to the permanent disposal of solid waste by the
general construction or demolition debris recovery facility at
a solid waste disposal facility, provided that such fee, tax,
or surcharge shall not exceed 50% of the applicable amount set
forth above, based on the total amount of solid waste transported from the general construction or demolition debris recovery facility for disposal at solid waste disposal facilities, and the unit of local government and fee shall be
subject to all other requirements of this subsection (j).
A county or Municipal Joint Action Agency that imposes a fee, tax, or
surcharge under this subsection may use the proceeds thereof to reimburse a
municipality that lies wholly or partially within its boundaries for expenses
incurred in the removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local ordinance.
If the fees are to be used to conduct a local sanitary landfill
inspection or enforcement program, the unit of local government must enter
into a written delegation agreement with the Agency pursuant to subsection
(r) of Section 4. The unit of local government and the Agency shall enter
into such a written delegation agreement within 60 days after the
establishment of such fees. At least annually,
the Agency shall conduct an audit of the expenditures made by units of local
government from the funds granted by the Agency to the units of local
government for purposes of local sanitary landfill inspection and enforcement
programs, to ensure that the funds have been expended for the prescribed
purposes under the grant.
The fees, taxes or surcharges collected under this subsection (j) shall
be placed by the unit of local government in a separate fund, and the
interest received on the moneys in the fund shall be credited to the fund. The
monies in the fund may be accumulated over a period of years to be
expended in accordance with this subsection.
A unit of local government, as defined in the Local Solid Waste Disposal
Act, shall prepare and post on its website, in April of each year, a
report that details spending plans for monies collected in accordance with
this subsection. The report will at a minimum include the following:
(1) The total monies collected pursuant to this subsection.
(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
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|
(4) An estimation of monies to be collected for the following 3 years pursuant to this
|
|
(5) A narrative detailing the general direction and scope of future expenditures for
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|
The exemptions granted under Sections 22.16 and 22.16a, and under
subsection (k) of this Section, shall be applicable to any fee,
tax or surcharge imposed under this subsection (j); except that the fee,
tax or surcharge authorized to be imposed under this subsection (j) may be
made applicable by a unit of local government to the permanent disposal of
solid waste after December 31, 1986, under any contract lawfully executed
before June 1, 1986 under which more than 150,000 cubic yards (or 50,000 tons)
of solid waste is to be permanently disposed of, even though the waste is
exempt from the fee imposed by the State under subsection (b) of this Section
pursuant to an exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the Illinois Solid
Waste Management Act, beginning January 1, 1989 the fee under subsection
(b) and the fee, tax or surcharge under subsection (j) shall not apply to:
(1) waste which is hazardous waste;
(2) waste which is pollution control waste;
(3) waste from recycling, reclamation or reuse processes which have been approved by the
|
| Agency as being designed to remove any contaminant from wastes so as to render such wastes reusable, provided that the process renders at least 50% of the waste reusable; the exemption set forth in this paragraph (3) of this subsection (k) shall not apply to general construction or demolition debris recovery facilities as defined in subsection (a-1) of Section 3.160;
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|
(4) non-hazardous solid waste that is received at a sanitary landfill and composted or
|
| recycled through a process permitted by the Agency; or
|
|
(5) any landfill which is permitted by the Agency to receive only demolition or
|
| construction debris or landscape waste.
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|
(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1055, eff. 6-10-22; 103-383, eff. 7-28-23.)
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