HB1463 95TH GENERAL ASSEMBLY

LRB095 09184 CMK 29377 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1463

Introduced 2/21/2007, by Rep. Sandra M. Pihos

SYNOPSIS AS INTRODUCED:

415 ILCS 5/3.372 new
415 ILCS 5/3.380	was 415 ILCS 5/3.30
415 ILCS 5/3.381 new
415 ILCS 5/3.535	was 415 ILCS 5/3.53
415 ILCS 15/3	from Ch. 85, par. 5953
415 ILCS 20/2.1	from Ch. 111 1/2, par. 7052.1

Amends the Environmental Protection Act. Provides that the term "waste" does not include discarded materials that are: (i) collected for recycling; (ii) processed for recycling; or (iii) recovered for reuse (now, waste includes all discarded material). Defines "reclamation", "recycling", and "reuse" as individual terms (now, single definition for recycling, reclamation, or reuse). Amends the Solid Waste Planning and Recycling Act and the Solid Waste Management Act to make corresponding changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Environmental Protection Act is amended by changing Sections 3.380 and 3.535 and by adding Sections 3.372 and 3.381 as follows:

(415 ILCS 5/3.372 new)

Sec. 3.372. Reclamation. "Reclamation" means a method, technique, or process designed to remove any contaminant from waste so as to render that waste reusable.

(415 ILCS 5/3.380) (was 415 ILCS 5/3.30)

Sec. 3.380. Recycling, reclamation or reuse. "Recycling, reclamation or reuse" means a method, technique, or process designed to remove any contaminant from waste so as to render such waste reusable, or any process by which materials that would otherwise be disposed of or discarded are collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.

(Source: P.A. 92-574, eff. 6-26-02.)

(415 ILCS 5/3.381 new)

Sec. 3.381. Reuse. "Reuse" means the recovery or reapplication of a package, used product, or material in a manner that retains its original form or identity and does not involve processes that significantly alter the original condition of the package, product, or material.

(415 ILCS 5/3.535) (was 415 ILCS 5/3.53)

Sec. 3.535. Waste. "Waste" means any garbage, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows, or coal combustion by-products as defined in Section 3.135, or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as now or hereafter amended, or source, special nuclear, or by-product materials as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 921) or any solid or dissolved material from any facility subject to the Federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder or any law or rule or regulation adopted by the State of Illinois pursuant thereto.

"Discarded material" does not include materials (i) collected for recycling, (ii) processed for recycling, or (iii) recovered for reuse.

(Source: P.A. 92-574, eff. 6-26-02.)

Section 10. The Solid Waste Planning and Recycling Act is amended by changing Section 3 as follows:

(415 ILCS 15/3) (from Ch. 85, par. 5953)

Sec. 3. As used in this Act, unless the context clearly indicates otherwise:

"Agency" means the Illinois Environmental Protection Agency.

"Composting" means the biological process by which microorganisms decompose the organic fraction of waste, producing a humus-like material that may be used as a soil conditioner.

"County" means any county of the State and includes the City of Chicago.

"Department" means the Department of Commerce and Economic Opportunity.

"Municipal waste" means garbage, general household, institutional and commercial waste, industrial lunchroom or office waste, landscape waste, and construction and demolition debris.

"Person" means any individual, partnership, cooperative enterprise, unit of local government, institution, corporation or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

"Recycling, reclamation or reuse" means a method, technique or process designed to remove any contaminant from waste so as to render the waste reusable, or any process by which materials that would otherwise be disposed of or discarded are collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.

"Recycling center" means a facility that accepts only segregated, nonhazardous, nonspecial, homogeneous, nonputrescible materials, such as dry paper, glass, cans or plastics, for subsequent use in the secondary materials market.

(Source: P.A. 94-793, eff. 5-19-06.)

Section 15. The Illinois Solid Waste Management Act is amended by changing Section 2.1 as follows:

(415 ILCS 20/2.1) (from Ch. 111 1/2, par. 7052.1)

Sec. 2.1. Definitions. When used in this Act, unless the context otherwise requires, the following terms have the meanings ascribed to them in this Section:

"Department", when a particular entity is not specified, means (i) in the case of a function to be performed on or after July 1, 1995 (the effective date of the Department of Natural Resources Act), the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), as successor to the former Department of Energy and Natural Resources under the Department of Natural Resources Act; or (ii) in the case of a function required to be performed before July 1, 1995, the former Illinois Department of Energy and Natural Resources.

"Deinked stock" means paper that has been processed to remove inks, clays, coatings, binders and other contaminants.

"End product" means only those items that are designed to be used until disposal; items designed to be used in production of a subsequent item are excluded.

"High grade printing and writing papers" includes offset printing paper, duplicator paper, writing paper (stationery), office paper, note pads, xerographic paper, envelopes, form bond including computer paper and carbonless forms, book papers, bond papers, ledger paper, book stock and cotton fiber papers.

"Paper and paper products" means high grade printing and writing papers, tissue products, newsprint, unbleached packaging and recycled paperboard.

"Postconsumer material" means only those products generated by a business or consumer which have served their intended end uses, and which have been separated or diverted from solid waste; wastes generated during production of an end product are excluded.

"Recovered paper material" means paper waste generated after the completion of the papermaking process, such as postconsumer materials, envelope cuttings, bindery trimmings, printing waste, cutting and other converting waste, butt rolls, and mill wrappers, obsolete inventories, and rejected unused stock. "Recovered paper material", however, does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls (mill broke), or fibrous byproducts of harvesting, extraction or woodcutting processes, or forest residues such as bark.

"Recycled paperboard" includes recycled paperboard products, folding cartons and pad backing.

"Recycling" means any the process by which materials that would otherwise be disposed of or discarded are solid waste is collected, separated, or and processed and returned to the economic mainstream in the form of for reuse as either a raw materials material or products a product which itself is subject to recycling, but does not include the combustion of waste for energy recovery or volume reduction.

"Tissue products" includes toilet tissue, paper towels, paper napkins, facial tissue, paper doilies, industrial wipers, paper bags and brown papers.

"Unbleached packaging" includes corrugated and fiber boxes.

"USEPA Guidelines for federal procurement" means all minimum recycled content standards recommended by the U.S. Environmental Protection Agency.

(Source: P.A. 94-793, eff. 5-19-06.)

Section 99. Effective date. This Act takes effect upon becoming law.