SB2313ham002 95TH GENERAL ASSEMBLY

Rep. Elaine Nekritz

Filed: 5/22/2008

09500SB2313ham002 LRB095 19031 RCE 51370 a

AMENDMENT TO SENATE BILL 2313

AMENDMENT NO. ______. Amend Senate Bill 2313 on page 7, immediately below line 15, by inserting the following:

""Municipal joint action agency" means a municipal joint action agency created under Section 3.2 of the Intergovernmental Cooperation Act."; and

on page 19, line 19, by replacing "a list of" with "(1) a list of manufacturers that have paid the current year's registration fee as set forth in Section 30(b) and (2) a list of"; and

on page 20, immediately below line 20, by inserting the following:

"(i) By March 1, 2011, and by March 1 of each subsequent year, the Agency shall post on its website a list of registered manufacturers that have not met their annual recycling and reuse goal for the previous program year."; and

on page 20, line 21, by replacing "(i) By April" with "(j) By July"; and

on page 20, by replacing line 24 with "modifications."; and

on page 21, line 18, by replacing "June" with "July"; and

on page 21, by replacing lines 20 through 22 with the following: "reports on program years 2010 and 2011. By August 1, 2012, the Agency shall hold a public hearing to present its findings and solicit additional comments. All additional comments shall be submitted to the Agency in writing no later than October 1, 2012."; and

on page 21, line 24, by replacing "September 1, 2012" with "February 1, 2013"; and

on page 45, lines 10 and 11, by replacing "on behalf of the Agency and" with "in the name of"; and

on page 45, line 13, by replacing "shall" with "may"; and

on page 45, line 16, after "motion,", by inserting "may"; and

on page 46, line 15, by replacing "Beginning" with "Except as may be provided pursuant to subsection (e) of this Section, and beginning"; and

on page 46, line 19, by replacing "Beginning" with "Except as may be provided pursuant to subsection (e) of this Section, and beginning"; and

by replacing line 6 on page 47 through line 6 on page 48 with the following:

"(e) Beginning April 1, 2012 but no later than December 31, 2013, the Illinois Pollution Control Board (Board) is authorized to review temporary CED landfill ban waiver petitions by county governments or municipal joint action agencies (action agencies) and determine whether the respective county's or action agency's jurisdiction may be granted a temporary CED landfill ban waiver due to a lack of funds and a lack of collection opportunities to collect CEDs and EEDs within the county's or action agency's jurisdiction. If the Board grants a waiver under this subsection (e), subsections (a) and (b) of this Section shall not apply to CEDs and EEDs that are taken out of service from residences within the jurisdiction of the county or action agency receiving the waiver and disposed of during the remainder of the program year in which the petition is filed.

(1) The petition from the county or action agency shall include the following:

(A) documentation of the county's or action agency's attempts to gain funding, as well as the total funding obtained, for the collection of CEDs and EEDs in its jurisdiction from manufacturers or other units of government in the State; and

(B) an assessment of other collection opportunities in the county's or action agency's jurisdiction demonstrating insufficient capacity for the anticipated volume of CEDs and EEDs for the remainder of the program year in which the petition is being filed.

(2) In addition to the criteria listed in item (1), the Board shall consider the following additional criteria when reviewing a petition:

(A) total weight of CEDs and EEDs collected in the county's or action agency's jurisdiction during all preceding program years;

(B) total weight of CEDs and EEDs collected in the county's or action agency's jurisdiction during the year in which the petition is filed; and

(C) the projected difference in weight between prior program years and the year in which the petition is filed.

(3) Within 60 days after the filing of the petition with the Board, the Board shall determine, based on the criteria in items (1) and (2), whether a temporary CED landfill ban waiver shall be granted to the respective county or action agency for the remainder of the program year in which the petition is filed. The Board's decision to grant such a waiver shall be based upon a showing by clear and convincing evidence that a county or action agency has a lack of funds and its respective jurisdiction lacks sufficient collection opportunities to collect CEDs and EEDs. If the Board denies the petition for a landfill ban waiver, the Board's order shall be final and immediately appealable to the circuit court having jurisdiction over the petitioner.

(4) Within 5 days after granting a temporary CED landfill ban waiver, the Board shall provide written notice to the Agency of the Board's decision. The notice shall be provided at least 15 days prior to the waiver taking effect.

(5) Any county or action agency granted a temporary CED landfill ban waiver shall, within 7 days after receiving the waiver, inform all solid waste haulers and landfill operators used by the county or action agency for solid waste disposal that a waiver has been granted for the remainder of the program year. The notification shall be provided to the solid waste haulers and landfill operators at least 15 days prior to the waiver taking effect.

(6) Between April 1, 2012 and December 31, 2013, if a temporary CED landfill ban waiver has been granted to a petitioner, no person disposing of a CED shall be subject to any enforcement proceeding unless he or she disposes of the CED with knowledge that the CED is from a county or action agency that has not received a temporary CED landfill ban waiver.".