Rep. Michael J. Zalewski

Filed: 5/20/2021

 

 


 

 


 
10200SB1089ham001LRB102 04912 CPF 26637 a

1
AMENDMENT TO SENATE BILL 1089

2    AMENDMENT NO. ______. Amend Senate Bill 1089 on page 1,
3line 5, after "22.38," by inserting "22.44,"; and
 
4on page 41, by replacing lines 10 through 24 with the
5following:
6    "For the disposal of solid waste from general construction
7or demolition debris recovery facilities as defined in
8subsection (a-1) of Section 3.160, the total fee, tax, or
9surcharge imposed by all units of local government under this
10subsection (j) upon the solid waste disposal facility shall
11not exceed 50% of the applicable amount set forth above. A unit
12of local government, as defined in the Local Solid Waste
13Disposal Act, in which a general construction or demolition
14debris recovery facility is located may establish a fee, tax,
15or surcharge on the general construction or demolition debris
16recovery facility with regard to the permanent disposal of
17solid waste by the general construction or demolition debris

 

 

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1recovery facility at a solid waste disposal facility, provided
2that such fee, tax, or surcharge shall not exceed 50% of the
3applicable amount set forth above, based on the total amount
4of solid waste transported from the general construction or
5demolition debris recovery facility for disposal at solid
6waste disposal facilities, and the unit of local government
7and fee shall be subject to all other requirements of this
8subsection (j)."; and
 
9on page 44, by replacing lines 11 through 13 with the
10following:
11    "renders at least 50% of the waste reusable; the exemption
12    set forth in this paragraph (3) of this subsection (k)
13    shall not apply to general construction or demolition
14    debris recovery facilities as defined in subsection (a-1)
15    of Section 3.160;"; and
 
16on page 45, by replacing lines 17 through 21 with the
17following:
18        "(0.5) Ensure that no less than 40% of the total
19    general construction or demolition debris received at the
20    facility on a rolling 12-month average basis is recyclable
21    general construction or demolition debris as defined in
22    subsection (c). The percentage in this paragraph (0.5) of
23    subsection (b) shall be calculated by weight."; and
 

 

 

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1on page 51, by replacing lines 14 through 16 with the
2following:
3"otherwise , incinerated or , burned, (ii) buried, or otherwise
4used as fill material, including, but not limited to, the use
5of any clean construction or demolition debris fraction of
6general construction or demolition debris as fill material
7under subsection (b) of Section 3.160 or at a clean
8construction or demolition debris fill operation under Section
922.51, or (iii) disposed of at a landfill (ii) general
10construction or"; and
 
11on page 52, line 2, by replacing "and" with "and"; and
 
12by replacing line 22 on page 53 through line 5 on page 54 with
13the following:
14    "(k) No person shall cause or allow the deposit or other
15placement of any general construction or demolition debris
16that is received at a general construction or demolition
17debris recovery facility, including any clean construction or
18demolition debris fraction, into or on any land or water.
19However, any clean construction or demolition debris fraction
20may be used as fill or road construction material at a clean
21construction or demolition debris fill operation under Section
2222.51 and any rules or regulations adopted thereunder if the
23clean construction or demolition debris is separated and
24managed separately from other general construction or

 

 

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1demolition debris and otherwise meets the requirements
2applicable to clean construction or demolition debris at a
3clean construction or demolition debris fill operation."; and
 
4by replacing line 16 on page 54 through line 3 on page 55 with
5the following:
6    "(n) No later than one year after the effective date of
7this amendatory Act of the 102nd General Assembly, the Agency
8shall propose to the Board, and no later than one year after
9receipt of the Agency's proposal, the Board shall adopt, rules
10for the permitting of general construction or demolition
11debris recovery facilities. Such rules shall include, but not
12be limited to: requirements for material receipt, handling,
13storage, and transfer; improvements to best management
14practices for identifying, testing for, and removing drywall
15containing gypsum; recordkeeping; reporting; limiting or
16prohibiting sulfur in wallboard used or disposed of at
17landfills; and requirements for the separation and separate
18management of any clean construction or demolition debris that
19will be transported to a clean construction or demolition
20debris fill operation."; and
 
21on page 55, immediately below line 6, by inserting the
22following:
 
23    "(415 ILCS 5/22.44)

 

 

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1    Sec. 22.44. Subtitle D management fees.
2    (a) There is created within the State treasury a special
3fund to be known as the "Subtitle D Management Fund"
4constituted from the fees collected by the State under this
5Section.
6    (b) The Agency shall assess and collect a fee in the amount
7set forth in this subsection from the owner or operator of each
8sanitary landfill permitted or required to be permitted by the
9Agency to dispose of solid waste if the sanitary landfill is
10located off the site where the waste was produced and if the
11sanitary landfill is owned, controlled, and operated by a
12person other than the generator of the waste. The Agency shall
13deposit all fees collected under this subsection into the
14Subtitle D Management Fund. If a site is contiguous to one or
15more landfills owned or operated by the same person, the
16volumes permanently disposed of by each landfill shall be
17combined for purposes of determining the fee under this
18subsection.
19        (1) If more than 150,000 cubic yards of non-hazardous
20    solid waste is permanently disposed of at a site in a
21    calendar year, the owner or operator shall either pay a
22    fee of 10.1 cents per cubic yard or, alternatively, the
23    owner or operator may weigh the quantity of the solid
24    waste permanently disposed of with a device for which
25    certification has been obtained under the Weights and
26    Measures Act and pay a fee of 22 cents per ton of waste

 

 

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1    permanently disposed of.
2        (2) If more than 100,000 cubic yards, but not more
3    than 150,000 cubic yards, of non-hazardous waste is
4    permanently disposed of at a site in a calendar year, the
5    owner or operator shall pay a fee of $7,020.
6        (3) If more than 50,000 cubic yards, but not more than
7    100,000 cubic yards, of non-hazardous solid waste is
8    permanently disposed of at a site in a calendar year, the
9    owner or operator shall pay a fee of $3,120.
10        (4) If more than 10,000 cubic yards, but not more than
11    50,000 cubic yards, of non-hazardous solid waste is
12    permanently disposed of at a site in a calendar year, the
13    owner or operator shall pay a fee of $975.
14        (5) If not more than 10,000 cubic yards of
15    non-hazardous solid waste is permanently disposed of at a
16    site in a calendar year, the owner or operator shall pay a
17    fee of $210.
18    (c) The fee under subsection (b) shall not apply to any of
19the following:
20        (1) Hazardous waste.
21        (2) Pollution control waste.
22        (3) Waste from recycling, reclamation, or reuse
23    processes that have been approved by the Agency as being
24    designed to remove any contaminant from wastes so as to
25    render the wastes reusable, provided that the process
26    renders at least 50% of the waste reusable. However, the

 

 

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1    exemption set forth in this paragraph (3) of this
2    subsection (c) shall not apply to general construction or
3    demolition debris recovery facilities as defined in
4    subsection (a-1) of Section 3.160.
5        (4) Non-hazardous solid waste that is received at a
6    sanitary landfill and composted or recycled through a
7    process permitted by the Agency.
8        (5) Any landfill that is permitted by the Agency to
9    receive only demolition or construction debris or
10    landscape waste.
11    (d) The Agency shall establish rules relating to the
12collection of the fees authorized by this Section. These rules
13shall include, but not be limited to the following:
14        (1) Necessary records identifying the quantities of
15    solid waste received or disposed.
16        (2) The form and submission of reports to accompany
17    the payment of fees to the Agency.
18        (3) The time and manner of payment of fees to the
19    Agency, which payments shall not be more often than
20    quarterly.
21        (4) Procedures setting forth criteria establishing
22    when an owner or operator may measure by weight or volume
23    during any given quarter or other fee payment period.
24    (e) Fees collected under this Section shall be in addition
25to any other fees collected under any other Section.
26    (f) The Agency shall not refund any fee paid to it under

 

 

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1this Section.
2    (g) Pursuant to appropriation, all moneys in the Subtitle
3D Management Fund shall be used by the Agency to administer the
4United States Environmental Protection Agency's Subtitle D
5Program provided in Sections 4004 and 4010 of the Resource
6Conservation and Recovery Act of 1976 (P.L. 94-580) as it
7relates to a municipal solid waste landfill program in
8Illinois and to fund a delegation of inspecting,
9investigating, and enforcement functions, within the
10municipality only, pursuant to subsection (r) of Section 4 of
11this Act to a municipality having a population of more than
121,000,000 inhabitants. The Agency shall execute a delegation
13agreement pursuant to subsection (r) of Section 4 of this Act
14with a municipality having a population of more than 1,000,000
15inhabitants within 90 days of September 13, 1993 and shall on
16an annual basis distribute from the Subtitle D Management Fund
17to that municipality no less than $150,000. Pursuant to
18appropriation, moneys in the Subtitle D Management Fund may
19also be used by the Agency for activities conducted under
20Section 22.15a of this Act.
21(Source: P.A. 93-32, eff. 7-1-03; 94-272, eff. 7-19-05.)".