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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0066 Introduced 1/20/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: |
| New Act | | 415 ILCS 5/22.15 | | 415 ILCS 15/10 rep. | |
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Creates the Truth in Recycling Act. Provides that a person who represents in advertising or on the label or container of a consumer good manufactured or distributed by the person that the consumer good is not harmful to or is beneficial to the natural environment through the use of specified environmental terms, through the use of a chasing arrows symbol, or by otherwise directing a consumer to recycle the consumer good shall maintain in written form in the person's records specified information and documentation supporting the validity of the representation. Requires the information and documentation to be furnished to any member of the public upon request. Provides that a rigid plastic bottle or rigid plastic container sold in the State shall be labeled with a code meeting specified requirements and that indicates the resin used to produce the rigid plastic bottle or rigid plastic container. Contains provisions regarding deceptive or misleading claims about the recyclability of a product or packaging. Contains other provisions. Amends the Environmental Protection Act. Authorizes moneys in the Solid Waste Management Fund to be used by the Environmental Protection Agency to administer the Truth in Recycling Act. Amends the Solid Waste Planning and Recycling Act. Repeals a provision regarding coding for single use plastic bottles and other single use rigid plastic containers with specified capacities.
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| | A BILL FOR |
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1 | | AN ACT concerning safety.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the Truth |
5 | | in Recycling Act. |
6 | | Section 5. Definitions. In this Act: |
7 | | "Agency" means the Illinois Environmental Protection |
8 | | Agency. |
9 | | "Board" means the Illinois Pollution Control Board |
10 | | established under the Environmental Protection Act. |
11 | | "Chasing arrows symbol" means an equilateral triangle |
12 | | formed by 3 arrows curved at their midpoints and depicting a |
13 | | clockwise path, with a short gap separating the apex of each |
14 | | arrow from the base of the adjacent arrow. "Chasing arrows |
15 | | symbol" includes variants of that symbol that are likely to be |
16 | | interpreted by a consumer as an implication of recyclability, |
17 | | including, but not limited to, one or more arrows arranged in a |
18 | | circular pattern or around a globe. |
19 | | "Consumable product" means a commodity that is intended to |
20 | | be used and not disposed of. |
21 | | "Consumer good" means any article that is used or bought |
22 | | for use primarily for personal, family, or household purposes. |
23 | | "Consumer good" does not include any food item. |
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1 | | "Environmental marketing claim" includes any one or more |
2 | | of the types of claims described in the "Guides for the Use of |
3 | | Environmental Marketing Claims" promulgated by the Federal |
4 | | Trade Commission under the Federal Trade Commission Act and |
5 | | codified under 16 CFR 260, including, but not limited to, |
6 | | marketing assertions concerning seals of approval and carbon |
7 | | offsets and certifications. |
8 | | "Environmental marketing terms" include "environmental |
9 | | choice", "ecologically friendly", "Earth friendly", |
10 | | "environmentally friendly", "ecologically sound", |
11 | | "environmentally sound", "environmentally safe", |
12 | | "ecologically safe", "environmentally light", "green product", |
13 | | and any other like term used to imply that a consumer good is |
14 | | beneficial or not harmful to the natural environment. |
15 | | "Person" means any individual, firm, partnership, |
16 | | corporation, joint stock company, association, organization, |
17 | | or other legal equity. |
18 | | "PFAS" means any of the perfluoroalkyl or polyfluoroalkyl |
19 | | substances included in the United States Environmental |
20 | | Protection Agency's expanded ToxCast chemical inventory. |
21 | | "Retailer" means any person who engages in the business of |
22 | | selling consumer goods to retail buyers. |
23 | | "Wholesaler" means any person, other than a retailer, who |
24 | | sells, resells, or otherwise places a product into the stream |
25 | | of commerce. |
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1 | | Section 10. Representation of consumer goods. |
2 | | (a) A person who represents in advertising for, or on the |
3 | | label or container of, a consumer good manufactured or |
4 | | distributed by the person that the consumer good is not |
5 | | harmful to or is beneficial to the natural environment through |
6 | | the use of environmental marketing terms or a chasing arrows |
7 | | symbol or by otherwise directing a consumer to recycle the |
8 | | consumer good shall maintain in written form in the person's |
9 | | records and make available to any member of the public upon |
10 | | request all of the following information and documentation |
11 | | supporting the validity of the representation: |
12 | | (1) the reasons the person believes the representation |
13 | | to be true; |
14 | | (2) any significant adverse environmental impact |
15 | | directly associated with the production, distribution, |
16 | | use, or disposal of the consumer good; |
17 | | (3) any measure taken by the person to reduce the |
18 | | environmental impacts directly associated with the |
19 | | production, distribution, or disposal of the consumer |
20 | | good; |
21 | | (4) any violation of a federal, State, or local |
22 | | permit, law, or regulation directly associated with the |
23 | | production or distribution of the consumer good; |
24 | | (5) a statement regarding whether the assertions made |
25 | | by the person concerning the consumer good conform to the |
26 | | standards contained in the Federal Trade Commission's |
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1 | | "Guides for the Use of Environmental Marketing Claims" if |
2 | | such a standard exists for the assertion; and |
3 | | (6) a description of whether the consumer good is |
4 | | recyclable in the State under this Act if the person |
5 | | represents in advertising that the consumer good is |
6 | | recyclable, uses a chasing arrows symbol on the product, |
7 | | or directs a consumer to recycle the consumer good. |
8 | | (b) A person who is a wholesaler or retailer and does not |
9 | | initiate a representation by advertising or by placing the |
10 | | representation on a product or packaging has not made the |
11 | | representation for purposes of this Section. |
12 | | (c) No person shall make an untruthful, deceptive, or |
13 | | misleading environmental marketing claim concerning a consumer |
14 | | good. A person who displays a chasing arrows symbol or |
15 | | otherwise directs a consumer to recycle a consumer good is not |
16 | | making an untruthful, deceptive, or misleading environmental |
17 | | marketing claim concerning the consumer good if the consumer |
18 | | good is required by any federal or Illinois law, rule, or |
19 | | regulation to display the chasing arrows symbol or the person |
20 | | is required by law to make such a direction. In this |
21 | | subsection, to "otherwise direct a consumer to recycle a |
22 | | consumer good" does not include directing a consumer to |
23 | | compost or properly dispose of a consumer good through a |
24 | | State-sponsored or Agency-administered recycling or materials |
25 | | management program. |
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1 | | Section 15. Rigid plastic bottles and rigid plastic |
2 | | containers. |
3 | | (a) Each rigid plastic bottle and rigid plastic container |
4 | | sold in the State shall be labeled with a code indicating the |
5 | | predominant resin used to produce the rigid plastic bottle or |
6 | | rigid plastic container. A rigid plastic bottle or rigid |
7 | | plastic container with a label and basecup of different |
8 | | materials shall be coded according to its basic material. The |
9 | | code shall consist of a number placed inside a triangle and |
10 | | letters placed below the triangle. The numbers and letters |
11 | | used shall be as follows: |
12 | | (1) If the resin is polyethylene terephthalate, the |
13 | | number "1" and the letters "PETE" shall be used. |
14 | | (2) If the resin is high density polyethylene, the |
15 | | number "2" and the letters "HDPE" shall be used. |
16 | | (3) If the resin is vinyl, the number "3" and the |
17 | | letter "V" shall be used. |
18 | | (4) If the resin is low density polyethylene, the |
19 | | number "4" and the letters LDPE" shall be used. |
20 | | (5) If the resin is polypropylene, the number "5" and |
21 | | the letters "PP" shall be used. |
22 | | (6) If the resin is polystyrene, the number "6" and |
23 | | the letters "PS" shall be used. |
24 | | (7) If the resin is composed of more than one layer of |
25 | | a resin, the number "7" and the letters "OTHER" shall be |
26 | | used. |
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1 | | (b) The Agency shall maintain a list of abbreviations used |
2 | | on labels under subsection (a) and shall provide a copy of that |
3 | | list to any person upon request. |
4 | | Section 20. Deceptive or misleading claims about |
5 | | recyclability. |
6 | | (a) No person shall offer for sale, sell, distribute, or |
7 | | import in or into the State any product or packaging for which |
8 | | a deceptive or misleading claim regarding the recyclability of |
9 | | the product or packaging is made. |
10 | | (b) Except as provided in subsection (c), a product or |
11 | | packaging that displays a chasing arrows symbol, a chasing |
12 | | arrows symbol surrounding a resin identification code under |
13 | | subsection (a) of Section 15, or any other symbol or statement |
14 | | indicating that the product or packaging is recyclable or that |
15 | | otherwise directs the consumer to recycle the product or |
16 | | packaging is deemed to be a deceptive or misleading claim |
17 | | under this Section unless the product or packaging is |
18 | | considered recyclable in the State under this Act and is of a |
19 | | material type and form that routinely becomes feedstock used |
20 | | in the production of new products or packaging. |
21 | | (c) Subsection (b) does not apply to either of the |
22 | | following: |
23 | | (1) Any product or packaging that is manufactured on |
24 | | or before the later of (i) 18 months after the date the |
25 | | Agency publishes the first material characterization study |
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1 | | required under subsection (f) or (ii) January 1, 2025. |
2 | | (2) Any product or packaging manufactured on or before |
3 | | 18 months after the date the Agency updates its material |
4 | | characterization study under subsection (f), provided |
5 | | that, before publication of the updated study, the product |
6 | | or packaging satisfied or would satisfy the requirements |
7 | | to be considered recyclable in the State under this Act. |
8 | | The display of a chasing arrows symbol, or any other |
9 | | statement indicating that a product or packaging is |
10 | | recyclable, directly on a product that is not considered |
11 | | recyclable in this State under this Act or packaging that is |
12 | | not considered recyclable in this State under this Act is a |
13 | | deceptive or misleading claim under this Section, except that |
14 | | a chasing arrows symbol or a statement indicating a product's |
15 | | or packaging's recyclability in the State may be displayed on |
16 | | its external packaging if (i) the product or packaging has |
17 | | multiple material types and (ii) the chasing arrows symbol or |
18 | | statement makes clear, in the same or larger font, font size, |
19 | | or symbol size, all other components of the product or |
20 | | packaging are not recyclable. |
21 | | For purposes of this Section, displaying a chasing arrows |
22 | | symbol or any other statement indicating recyclability on |
23 | | packaging containing a consumable product may refer only to |
24 | | the recyclability of the consumable product's packaging and |
25 | | not of the consumable product. |
26 | | (d) The following are not deceptive or misleading claims |
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1 | | about the recyclability of a product or packaging under this |
2 | | Section: |
3 | | (1) using a chasing arrows symbol, in combination with |
4 | | a clearly visible line, placed at a 45 degree angle over |
5 | | the chasing arrows symbol, to convey that an item is not |
6 | | recyclable; |
7 | | (2) displaying a chasing arrows symbol on a consumer |
8 | | good that is required by any federal or State law, rule, or |
9 | | regulation to display the chasing arrows symbol, |
10 | | including, but not limited to, paragraph (1) of subsection |
11 | | (b) of Section 103 of the federal Mercury-Containing and |
12 | | Rechargeable Battery Management Act (42 U.S.C. |
13 | | 14322(b)(1)); |
14 | | (3) directing a consumer to compost or properly |
15 | | dispose of a consumer good through an organic recycling |
16 | | program; or |
17 | | (4) placing a resin identification code that is |
18 | | required under subsection (a) of Section 15 inside of a |
19 | | solid equilateral triangle. |
20 | | (e) On or before January 1, 2025, the Agency shall |
21 | | propose, and on or before January 1, 2026, the Board shall |
22 | | adopt rules to provide information to the public sufficient |
23 | | for evaluating whether a product or packaging is recyclable in |
24 | | the State and is of a material type that routinely becomes |
25 | | feedstock used in the production of new products or packaging. |
26 | | The proposed and adopted rules shall identify: |
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1 | | (1) how material is collected or processed by |
2 | | recycling programs throughout the State; and |
3 | | (2) the material types and forms that are actively |
4 | | recovered and are not considered to be waste. |
5 | | (f) In order to obtain a representative survey of |
6 | | recycling programs in the State, the Agency shall conduct a |
7 | | characterization survey of material types and forms that are |
8 | | collected, sorted, sold, or transferred by recycling centers |
9 | | in the State and that the Agency deems to be appropriate for |
10 | | inclusion in the survey. The Agency shall publish the results |
11 | | of the material characterization survey on it website on or |
12 | | before December 31, 2029 and shall conduct and publish an |
13 | | updated material characterization survey every 5 years |
14 | | thereafter. |
15 | | The Agency may publish additional information regarding |
16 | | the appropriate characterization of material types and forms |
17 | | if the information was not available at the time that the most |
18 | | recent survey was conducted or published. |
19 | | Within 90 days after receiving a request from the Agency |
20 | | for the purpose of conducting a survey under this subsection, |
21 | | a recycling center shall allow periodic sampling of the wastes |
22 | | and materials being handled at the facility by a designated |
23 | | representative of the Agency on a date and at a time that is |
24 | | mutually agreed upon by the Agency and the recycling center. |
25 | | The Agency shall not request a periodic sampling of a |
26 | | recycling center under this subsection if that recycling |
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1 | | center was sampled during the previous 24 months. |
2 | | For each material characterization study conducted under |
3 | | this subsection, the Agency shall publish on its website the |
4 | | preliminary findings of the study and conduct a public meeting |
5 | | to present the preliminary findings and receive public |
6 | | comments. The public meeting shall occur at least 30 days |
7 | | after the Agency publishes the preliminary findings. After |
8 | | receiving and considering public comments, and within 60 days |
9 | | after the public meeting, the Agency shall finalize and |
10 | | publish the study's findings on the Agency's website. |
11 | | (g) Subject to subsection (i), a product or packaging is |
12 | | recyclable in the State if, based on information published by |
13 | | the Agency under subsection (f), the product or packaging is |
14 | | of a material type and form that meets both of the following |
15 | | requirements: |
16 | | (1) The material type and form is collected for |
17 | | recycling by recycling centers for jurisdictions that |
18 | | collectively serve at least 60% of the State's population. |
19 | | (2) The material type and form is sorted into defined |
20 | | streams for recycling processes by large-volume transfer |
21 | | or processing facilities that process materials and |
22 | | collectively serve at least 60% of recycling programs |
23 | | statewide, with the defined streams sent to and reclaimed |
24 | | at a reclaiming facility consistent with the requirements |
25 | | of the "Basel Convention on the Control of Transboundary |
26 | | Movements of Hazardous Wastes and their Disposal". The |
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1 | | Agency, as it deems appropriate for achieving the purposes |
2 | | of this Section, may adopt rules modifying the requirement |
3 | | of this paragraph to encompass transfer or processing |
4 | | facilities other than large-volume transfer or processing |
5 | | facilities. |
6 | | (h) A product or packaging is not recyclable in the State |
7 | | unless the product or packaging meets all of the following |
8 | | criteria, as applicable: |
9 | | (1) all plastic packaging is designed not to include |
10 | | any component, ink, adhesive, or label that, according to |
11 | | the "APR Design Guide" published by the Association of |
12 | | Plastic Recyclers, prevents the recyclability of the |
13 | | packaging; |
14 | | (2) plastic products, nonplastic products, and |
15 | | nonplastic packaging are designed to ensure recyclability |
16 | | and do not include any component, ink, adhesive, or label |
17 | | that prevents the recyclability of the product or |
18 | | packaging; |
19 | | (3) the product or packaging is not made from a |
20 | | plastic or fiber containing PFAS that are either: |
21 | | (A) intentionally added to a product or packaging |
22 | | by a manufacturer and have a functional or technical |
23 | | effect in or on the product or packaging; or |
24 | | (B) present in the product, packaging, or any |
25 | | component of the product or packaging in an amount at |
26 | | or above 100 parts per million, as measured in total |
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1 | | organic fluorine. |
2 | | (i) Notwithstanding subsections (g) and (h), a product or |
3 | | packaging is recyclable in the State if it meets any of the |
4 | | following requirements: |
5 | | (1) The product or packaging has a demonstrated |
6 | | recycling rate of at least 75%, meaning that not less than |
7 | | 75% of the product or packaging that is sorted and |
8 | | aggregated in the State is reprocessed into new products |
9 | | or packaging. |
10 | | (2) On and before December 31, 2030, the product or |
11 | | packaging is collected under a non-curbside collection |
12 | | program that recovers at least 60% of the product or |
13 | | packaging, and the material has sufficient commercial |
14 | | value to be marketed for recycling and transported at the |
15 | | end of its useful life to a transfer station, processing |
16 | | facility, or recycling center to be sorted and aggregated |
17 | | into defined streams by material type and form. |
18 | | (3) On and after January 1, 2031, the product or |
19 | | packaging is collected under a non-curbside collection |
20 | | program that recovers at least 75% of the product or |
21 | | packaging, and the material has sufficient commercial |
22 | | value to be marketed for recycling and transported at the |
23 | | end of its useful life to a transfer station, processing |
24 | | facility, or recycling center to be sorted and aggregated |
25 | | into defined streams by material type and form. |
26 | | (4) The Agency determines that the product or |
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1 | | packaging will not increase the contamination of curbside |
2 | | recycling or deceive consumers as to its recyclability, |
3 | | and the product or packaging is part of and in compliance |
4 | | with a program established under State or federal law on |
5 | | or after January 1, 2024 that governs the recyclability or |
6 | | disposal of that product or packaging. |
7 | | (j) The information published by the Agency under this |
8 | | Section shall not prevent a unit of local government from |
9 | | determining whether or to what extent a material type or form |
10 | | shall be accepted by its local recycling program. |
11 | | Section 25. Enforcement.
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12 | | (a) Any person who violates any provision of this Act |
13 | | shall be liable for a civil penalty not to exceed $5,000 for |
14 | | such violation. The civil penalty may, upon order of a court of |
15 | | competent jurisdiction, be made payable to the Solid Waste |
16 | | Management Fund, to be used in accordance with the provisions |
17 | | of the Illinois Solid Waste Management Act.
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18 | | (b) The State's Attorney or any person who resides in the |
19 | | county in which the violation occurred, or the Attorney |
20 | | General, at the request of the Agency or on his own motion, may |
21 | | institute a civil action against any violator of this Act. The |
22 | | court may award costs and reasonable attorney fees to the |
23 | | State's Attorney, Attorney General, or any person who has |
24 | | prevailed against a person who has committed a willful, |
25 | | knowing, or repeated violation of this Act.
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1 | | (c) Any funds collected under subsection (b) in which the |
2 | | Attorney General has prevailed shall be deposited in the Solid |
3 | | Waste Management Fund. |
4 | | (d) Notwithstanding any other provision of his Section, it |
5 | | is a defense to any suit or complaint brought under this |
6 | | Section for a violation of Section 10 that a person's |
7 | | environmental marketing claim conforms with the standards of, |
8 | | or is consistent with examples contained in, "Guides for the |
9 | | Use of Environmental Marketing Claims" published by the |
10 | | Federal Trade Commission.
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11 | | Section 90. The Environmental Protection Act is amended by |
12 | | changing Section 22.15 as follows:
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13 | | (415 ILCS 5/22.15)
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14 | | Sec. 22.15. Solid Waste Management Fund; fees.
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15 | | (a) There is hereby created within the State Treasury a
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16 | | special fund to be known as the Solid Waste Management Fund, to |
17 | | be
constituted from the fees collected by the State pursuant |
18 | | to this Section,
from repayments of loans made from the Fund |
19 | | for solid waste projects, from registration fees collected |
20 | | pursuant to the Consumer Electronics Recycling Act and civil |
21 | | penalties collected under the Truth in Recycling Act , and from |
22 | | amounts transferred into the Fund pursuant to Public Act |
23 | | 100-433.
Moneys received by either the Agency or the |
24 | | Department of Commerce and Economic Opportunity
in repayment |
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1 | | of loans made pursuant to the Illinois Solid Waste Management
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2 | | Act shall be deposited into the General Revenue Fund.
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3 | | (b) The Agency shall assess and collect a
fee in the amount |
4 | | set forth herein from the owner or operator of each sanitary
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5 | | landfill permitted or required to be permitted by the Agency |
6 | | to dispose of
solid waste if the sanitary landfill is located |
7 | | off the site where such waste
was produced and if such sanitary |
8 | | landfill is owned, controlled, and operated
by a person other |
9 | | than the generator of such waste. The Agency shall deposit
all |
10 | | fees collected into the Solid Waste Management Fund. If a site |
11 | | is
contiguous to one or more landfills owned or operated by the |
12 | | same person, the
volumes permanently disposed of by each |
13 | | landfill shall be combined for purposes
of determining the fee |
14 | | under this subsection. Beginning on July 1, 2018, and on the |
15 | | first day of each month thereafter during fiscal years 2019 |
16 | | through 2023, the State Comptroller shall direct and State |
17 | | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 |
18 | | per fiscal year from the Solid Waste Management Fund to the |
19 | | General Revenue Fund.
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20 | | (1) If more than 150,000 cubic yards of non-hazardous |
21 | | solid waste is
permanently disposed of at a site in a |
22 | | calendar year, the owner or operator
shall either pay a |
23 | | fee of 95 cents per cubic yard or,
alternatively, the |
24 | | owner or operator may weigh the quantity of the solid |
25 | | waste
permanently disposed of with a device for which |
26 | | certification has been obtained
under the Weights and |
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1 | | Measures Act and pay a fee of $2.00 per
ton of solid waste |
2 | | permanently disposed of. In no case shall the fee |
3 | | collected
or paid by the owner or operator under this |
4 | | paragraph exceed $1.55 per cubic yard or $3.27 per ton.
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5 | | (2) If more than 100,000 cubic yards but not more than |
6 | | 150,000 cubic
yards of non-hazardous waste is permanently |
7 | | disposed of at a site in a calendar
year, the owner or |
8 | | operator shall pay a fee of $52,630.
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9 | | (3) If more than 50,000 cubic yards but not more than |
10 | | 100,000 cubic
yards of non-hazardous solid waste is |
11 | | permanently disposed of at a site
in a calendar year, the |
12 | | owner or operator shall pay a fee of $23,790.
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13 | | (4) If more than 10,000 cubic yards but not more than |
14 | | 50,000 cubic
yards of non-hazardous solid waste is |
15 | | permanently disposed of at a site
in a calendar year, the |
16 | | owner or operator shall pay a fee of $7,260.
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17 | | (5) If not more than 10,000 cubic yards of |
18 | | non-hazardous solid waste is
permanently disposed of at a |
19 | | site in a calendar year, the owner or operator
shall pay a |
20 | | fee of $1050.
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21 | | (c) (Blank).
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22 | | (d) The Agency shall establish rules relating to the |
23 | | collection of the
fees authorized by this Section. Such rules |
24 | | shall include, but not be
limited to:
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25 | | (1) necessary records identifying the quantities of |
26 | | solid waste received
or disposed;
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1 | | (2) the form and submission of reports to accompany |
2 | | the payment of fees
to the Agency;
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3 | | (3) the time and manner of payment of fees to the |
4 | | Agency, which payments
shall not be more often than |
5 | | quarterly; and
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6 | | (4) procedures setting forth criteria establishing |
7 | | when an owner or
operator may measure by weight or volume |
8 | | during any given quarter or other
fee payment period.
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9 | | (e) Pursuant to appropriation, all monies in the Solid |
10 | | Waste Management
Fund shall be used by the Agency for the |
11 | | purposes set forth in this Section , and in the Illinois
Solid |
12 | | Waste Management Act , and in the Truth in Recycling Act , |
13 | | including for the costs of fee collection and
administration, |
14 | | and for the administration of the Consumer Electronics |
15 | | Recycling Act , and the Drug Take-Back Act , and the Truth in |
16 | | Recycling Act .
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17 | | (f) The Agency is authorized to enter into such agreements |
18 | | and to
promulgate such rules as are necessary to carry out its |
19 | | duties under this
Section and the Illinois Solid Waste |
20 | | Management Act and the Truth in Recycling Act .
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21 | | (g) On the first day of January, April, July, and October |
22 | | of each year,
beginning on July 1, 1996, the State Comptroller |
23 | | and Treasurer shall
transfer $500,000 from the Solid Waste |
24 | | Management Fund to the Hazardous Waste
Fund. Moneys |
25 | | transferred under this subsection (g) shall be used only for |
26 | | the
purposes set forth in item (1) of subsection (d) of Section |
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1 | | 22.2.
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2 | | (h) The Agency is authorized to provide financial |
3 | | assistance to units of
local government for the performance of |
4 | | inspecting, investigating , and
enforcement activities pursuant |
5 | | to subsection (r) of Section 4 Section 4(r) at nonhazardous |
6 | | solid
waste disposal sites.
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7 | | (i) The Agency is authorized to conduct household waste |
8 | | collection and
disposal programs.
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9 | | (j) A unit of local government, as defined in the Local |
10 | | Solid Waste Disposal
Act, in which a solid waste disposal |
11 | | facility is located may establish a fee,
tax, or surcharge |
12 | | with regard to the permanent disposal of solid waste.
All |
13 | | fees, taxes, and surcharges collected under this subsection |
14 | | shall be
utilized for solid waste management purposes, |
15 | | including long-term monitoring
and maintenance of landfills, |
16 | | planning, implementation, inspection, enforcement
and other |
17 | | activities consistent with the Solid Waste Management Act and |
18 | | the
Local Solid Waste Disposal Act, or for any other |
19 | | environment-related purpose,
including, but not limited to, an |
20 | | environment-related public works project, but
not for the |
21 | | construction of a new pollution control facility other than a
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22 | | household hazardous waste facility. However, the total fee, |
23 | | tax or surcharge
imposed by all units of local government |
24 | | under this subsection (j) upon the
solid waste disposal |
25 | | facility shall not exceed:
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26 | | (1) 60¢ per cubic yard if more than 150,000 cubic |
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1 | | yards of non-hazardous
solid waste is permanently disposed |
2 | | of at the site in a calendar year, unless
the owner or |
3 | | operator weighs the quantity of the solid waste received |
4 | | with a
device for which certification has been obtained |
5 | | under the Weights and Measures
Act, in which case the fee |
6 | | shall not exceed $1.27 per ton of solid waste
permanently |
7 | | disposed of.
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8 | | (2) $33,350 if more than 100,000
cubic yards, but not |
9 | | more than 150,000 cubic yards, of non-hazardous waste
is |
10 | | permanently disposed of at the site in a calendar year.
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11 | | (3) $15,500 if more than 50,000 cubic
yards, but not |
12 | | more than 100,000 cubic yards, of non-hazardous solid |
13 | | waste is
permanently disposed of at the site in a calendar |
14 | | year.
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15 | | (4) $4,650 if more than 10,000 cubic
yards, but not |
16 | | more than 50,000 cubic yards, of non-hazardous solid waste
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17 | | is permanently disposed of at the site in a calendar year.
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18 | | (5) $650 if not more than 10,000 cubic
yards of |
19 | | non-hazardous solid waste is permanently disposed of at |
20 | | the site in
a calendar year.
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21 | | The corporate authorities of the unit of local government
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22 | | may use proceeds from the fee, tax, or surcharge to reimburse a |
23 | | highway
commissioner whose road district lies wholly or |
24 | | partially within the
corporate limits of the unit of local |
25 | | government for expenses incurred in
the removal of |
26 | | nonhazardous, nonfluid municipal waste that has been dumped
on |
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1 | | public property in violation of a State law or local |
2 | | ordinance.
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3 | | For the disposal of solid waste from general construction
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4 | | or demolition debris recovery facilities as defined in |
5 | | subsection (a-1) of Section 3.160, the total fee, tax, or |
6 | | surcharge imposed by
all units of local government under this |
7 | | subsection (j) upon
the solid waste disposal facility shall |
8 | | not exceed 50% of the
applicable amount set forth above. A unit |
9 | | of local government,
as defined in the Local Solid Waste |
10 | | Disposal Act, in which a
general construction or demolition |
11 | | debris recovery facility is
located may establish a fee, tax, |
12 | | or surcharge on the general construction or demolition debris |
13 | | recovery facility with
regard to the permanent disposal of |
14 | | solid waste by the
general construction or demolition debris |
15 | | recovery facility at
a solid waste disposal facility, provided |
16 | | that such fee, tax,
or surcharge shall not exceed 50% of the |
17 | | applicable amount set
forth above, based on the total amount |
18 | | of solid waste transported from the general construction or |
19 | | demolition debris recovery facility for disposal at solid |
20 | | waste disposal facilities, and the unit of local government |
21 | | and fee shall be
subject to all other requirements of this |
22 | | subsection (j). |
23 | | A county or Municipal Joint Action Agency that imposes a |
24 | | fee, tax, or
surcharge under this subsection may use the |
25 | | proceeds thereof to reimburse a
municipality that lies wholly |
26 | | or partially within its boundaries for expenses
incurred in |
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1 | | the removal of nonhazardous, nonfluid municipal waste that has |
2 | | been
dumped on public property in violation of a State law or |
3 | | local ordinance.
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4 | | If the fees are to be used to conduct a local sanitary |
5 | | landfill
inspection or enforcement program, the unit of local |
6 | | government must enter
into a written delegation agreement with |
7 | | the Agency pursuant to subsection
(r) of Section 4. The unit of |
8 | | local government and the Agency shall enter
into such a |
9 | | written delegation agreement within 60 days after the
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10 | | establishment of such fees. At least annually,
the Agency |
11 | | shall conduct an audit of the expenditures made by units of |
12 | | local
government from the funds granted by the Agency to the |
13 | | units of local
government for purposes of local sanitary |
14 | | landfill inspection and enforcement
programs, to ensure that |
15 | | the funds have been expended for the prescribed
purposes under |
16 | | the grant.
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17 | | The fees, taxes or surcharges collected under this |
18 | | subsection (j) shall
be placed by the unit of local government |
19 | | in a separate fund, and the
interest received on the moneys in |
20 | | the fund shall be credited to the fund. The
monies in the fund |
21 | | may be accumulated over a period of years to be
expended in |
22 | | accordance with this subsection.
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23 | | A unit of local government, as defined in the Local Solid |
24 | | Waste Disposal
Act, shall prepare and post on its website, in |
25 | | April of each year, a
report that details spending plans for |
26 | | monies collected in accordance with
this subsection. The |
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1 | | report will at a minimum include the following:
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2 | | (1) The total monies collected pursuant to this |
3 | | subsection.
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4 | | (2) The most current balance of monies collected |
5 | | pursuant to this
subsection.
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6 | | (3) An itemized accounting of all monies expended for |
7 | | the previous year
pursuant to this subsection.
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8 | | (4) An estimation of monies to be collected for the |
9 | | following 3
years pursuant to this subsection.
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10 | | (5) A narrative detailing the general direction and |
11 | | scope of future
expenditures for one, 2 and 3 years.
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12 | | The exemptions granted under Sections 22.16 and 22.16a, |
13 | | and under
subsection (k) of this Section, shall be applicable |
14 | | to any fee,
tax or surcharge imposed under this subsection |
15 | | (j); except that the fee,
tax or surcharge authorized to be |
16 | | imposed under this subsection (j) may be
made applicable by a |
17 | | unit of local government to the permanent disposal of
solid |
18 | | waste after December 31, 1986, under any contract lawfully |
19 | | executed
before June 1, 1986 under which more than 150,000 |
20 | | cubic yards (or 50,000 tons)
of solid waste is to be |
21 | | permanently disposed of, even though the waste is
exempt from |
22 | | the fee imposed by the State under subsection (b) of this |
23 | | Section
pursuant to an exemption granted under Section 22.16.
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24 | | (k) In accordance with the findings and purposes of the |
25 | | Illinois Solid
Waste Management Act, beginning January 1, 1989 |
26 | | the fee under subsection
(b) and the fee, tax or surcharge |
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1 | | under subsection (j) shall not apply to:
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2 | | (1) waste which is hazardous waste;
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3 | | (2) waste which is pollution control waste;
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4 | | (3) waste from recycling, reclamation or reuse |
5 | | processes which have been
approved by the Agency as being |
6 | | designed to remove any contaminant from
wastes so as to |
7 | | render such wastes reusable, provided that the process
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8 | | renders at least 50% of the waste reusable; the exemption |
9 | | set forth in this paragraph (3) of this subsection (k) |
10 | | shall not apply to general construction or demolition |
11 | | debris recovery
facilities as defined in subsection (a-1) |
12 | | of Section 3.160;
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13 | | (4) non-hazardous solid waste that is received at a |
14 | | sanitary landfill
and composted or recycled through a |
15 | | process permitted by the Agency; or
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16 | | (5) any landfill which is permitted by the Agency to |
17 | | receive only
demolition or construction debris or |
18 | | landscape waste.
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19 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
20 | | 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. |
21 | | 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; |
22 | | 102-1055, eff. 6-10-22; revised 8-25-22.)
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23 | | (415 ILCS 15/10 rep.) |
24 | | Section 95. The Solid Waste Planning and Recycling Act is |
25 | | amended by repealing Section 10.
|