Sen. Michael E. Hastings

Filed: 4/16/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1089

2    AMENDMENT NO. ______. Amend Senate Bill 1089 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Sections 22.15, 22.38, and 22.44 as follows:
 
6    (415 ILCS 5/22.15)  (from Ch. 111 1/2, par. 1022.15)
7    Sec. 22.15. Solid Waste Management Fund; fees.
8    (a) There is hereby created within the State Treasury a
9special fund to be known as the Solid Waste Management Fund, to
10be constituted from the fees collected by the State pursuant
11to this Section, from repayments of loans made from the Fund
12for solid waste projects, from registration fees collected
13pursuant to the Consumer Electronics Recycling Act, and from
14amounts transferred into the Fund pursuant to Public Act
15100-433. Moneys received by the Department of Commerce and
16Economic Opportunity in repayment of loans made pursuant to

 

 

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1the Illinois Solid Waste Management Act shall be deposited
2into the General Revenue Fund.
3    (b) The Agency shall assess and collect a fee in the amount
4set forth herein from the owner or operator of each sanitary
5landfill permitted or required to be permitted by the Agency
6to dispose of solid waste if the sanitary landfill is located
7off the site where such waste was produced and if such sanitary
8landfill is owned, controlled, and operated by a person other
9than the generator of such waste. The Agency shall deposit all
10fees collected into the Solid Waste Management Fund. If a site
11is contiguous to one or more landfills owned or operated by the
12same person, the volumes permanently disposed of by each
13landfill shall be combined for purposes of determining the fee
14under this subsection. Beginning on July 1, 2018, and on the
15first day of each month thereafter during fiscal years 2019
16through 2021, the State Comptroller shall direct and State
17Treasurer shall transfer an amount equal to 1/12 of $5,000,000
18per fiscal year from the Solid Waste Management Fund to the
19General Revenue Fund.
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.
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.
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.
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.
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.
21    (c) (Blank).
22    (d) The Agency shall establish rules relating to the
23collection of the fees authorized by this Section. Such rules
24shall include, but not be limited to:
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;
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
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.
9    (e) Pursuant to appropriation, all monies in the Solid
10Waste Management Fund shall be used by the Agency and the
11Department of Commerce and Economic Opportunity for the
12purposes set forth in this Section and in the Illinois Solid
13Waste Management Act, including for the costs of fee
14collection and administration, and for the administration of
15(1) the Consumer Electronics Recycling Act and (2) until
16January 1, 2020, the Electronic Products Recycling and Reuse
17Act.
18    (f) The Agency is authorized to enter into such agreements
19and to promulgate such rules as are necessary to carry out its
20duties under this Section and the Illinois Solid Waste
21Management Act.
22    (g) On the first day of January, April, July, and October
23of each year, beginning on July 1, 1996, the State Comptroller
24and Treasurer shall transfer $500,000 from the Solid Waste
25Management Fund to the Hazardous Waste Fund. Moneys
26transferred under this subsection (g) shall be used only for

 

 

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1the purposes set forth in item (1) of subsection (d) of Section
222.2.
3    (h) The Agency is authorized to provide financial
4assistance to units of local government for the performance of
5inspecting, investigating and enforcement activities pursuant
6to Section 4(r) at nonhazardous solid waste disposal sites.
7    (i) The Agency is authorized to conduct household waste
8collection and disposal programs.
9    (j) A unit of local government, as defined in the Local
10Solid Waste Disposal Act, in which a solid waste disposal
11facility is located may establish a fee, tax, or surcharge
12with regard to the permanent disposal of solid waste. All
13fees, taxes, and surcharges collected under this subsection
14shall be utilized for solid waste management purposes,
15including long-term monitoring and maintenance of landfills,
16planning, implementation, inspection, enforcement and other
17activities consistent with the Solid Waste Management Act and
18the Local Solid Waste Disposal Act, or for any other
19environment-related purpose, including but not limited to an
20environment-related public works project, but not for the
21construction of a new pollution control facility other than a
22household hazardous waste facility. However, the total fee,
23tax or surcharge imposed by all units of local government
24under this subsection (j) upon the solid waste disposal
25facility shall not exceed:
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.
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.
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.
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
17    is permanently disposed of at the site in a calendar year.
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.
21    The corporate authorities of the unit of local government
22may use proceeds from the fee, tax, or surcharge to reimburse a
23highway commissioner whose road district lies wholly or
24partially within the corporate limits of the unit of local
25government for expenses incurred in the removal of
26nonhazardous, nonfluid municipal waste that has been dumped on

 

 

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1public property in violation of a State law or local
2ordinance.
3    A county or Municipal Joint Action Agency that imposes a
4fee, tax, or surcharge under this subsection may use the
5proceeds thereof to reimburse a municipality that lies wholly
6or partially within its boundaries for expenses incurred in
7the removal of nonhazardous, nonfluid municipal waste that has
8been dumped on public property in violation of a State law or
9local ordinance.
10    If the fees are to be used to conduct a local sanitary
11landfill inspection or enforcement program, the unit of local
12government must enter into a written delegation agreement with
13the Agency pursuant to subsection (r) of Section 4. The unit of
14local government and the Agency shall enter into such a
15written delegation agreement within 60 days after the
16establishment of such fees. At least annually, the Agency
17shall conduct an audit of the expenditures made by units of
18local government from the funds granted by the Agency to the
19units of local government for purposes of local sanitary
20landfill inspection and enforcement programs, to ensure that
21the funds have been expended for the prescribed purposes under
22the grant.
23    The fees, taxes or surcharges collected under this
24subsection (j) shall be placed by the unit of local government
25in a separate fund, and the interest received on the moneys in
26the fund shall be credited to the fund. The monies in the fund

 

 

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1may be accumulated over a period of years to be expended in
2accordance with this subsection.
3    A unit of local government, as defined in the Local Solid
4Waste Disposal Act, shall prepare and distribute to the
5Agency, in April of each year, a report that details spending
6plans for monies collected in accordance with this subsection.
7The report will at a minimum include the following:
8        (1) The total monies collected pursuant to this
9    subsection.
10        (2) The most current balance of monies collected
11    pursuant to this subsection.
12        (3) An itemized accounting of all monies expended for
13    the previous year pursuant to this subsection.
14        (4) An estimation of monies to be collected for the
15    following 3 years pursuant to this subsection.
16        (5) A narrative detailing the general direction and
17    scope of future expenditures for one, 2 and 3 years.
18    The exemptions granted under Sections 22.16 and 22.16a,
19and under subsection (k) of this Section, shall be applicable
20to any fee, tax or surcharge imposed under this subsection
21(j); except that the fee, tax or surcharge authorized to be
22imposed under this subsection (j) may be made applicable by a
23unit of local government to the permanent disposal of solid
24waste after December 31, 1986, under any contract lawfully
25executed before June 1, 1986 under which more than 150,000
26cubic yards (or 50,000 tons) of solid waste is to be

 

 

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1permanently disposed of, even though the waste is exempt from
2the fee imposed by the State under subsection (b) of this
3Section pursuant to an exemption granted under Section 22.16.
4    (k) The In accordance with the findings and purposes of
5the Illinois Solid Waste Management Act, beginning January 1,
61989 the fee under subsection (b) and the fee, tax or surcharge
7under subsection (j) shall not apply to:
8        (1) waste which is hazardous waste;
9        (2) waste which is pollution control waste;
10        (3) waste from recycling, reclamation or reuse
11    processes which have been approved by the Agency as being
12    designed to remove any contaminant from wastes so as to
13    render such wastes reusable, provided that the process
14    renders at least 50% of the waste reusable;
15        (4) non-hazardous solid waste that is received at a
16    sanitary landfill and composted or recycled through a
17    process permitted by the Agency; or
18        (5) any landfill which is permitted by the Agency to
19    receive only demolition or construction debris or
20    landscape waste; or .
21        (6) beginning January 1, 2022, waste from a facility
22    operating under Section 22.38 that is processed for use as
23    a product at a landfill; however, the exemption under this
24    paragraph (6) may not be claimed on more than 18% of the
25    total general construction and demolition debris accepted
26    by the facility during each calendar quarter. All

 

 

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1    remaining waste from the facility shall be subject to 50%
2    of the fee under subsection (b).
3    (l) The fee, tax, or surcharge under subsection (j) shall
4not apply to:
5        (1) waste that is hazardous waste;
6        (2) waste that is pollution control waste;
7        (3) waste from a recycling, reclamation, or reuse
8    process that has been approved by the Agency as being
9    designed to remove any contaminant from waste so as to
10    render such waste reusable, provided that the process
11    renders at least 50% of the waste reusable;
12        (4) non-hazardous solid waste that is received at a
13    sanitary landfill and composted or recycled through a
14    process permitted by the Agency;
15        (5) any landfill that is permitted by the Agency to
16    receive only demolition or construction debris or
17    landscape waste; or
18        (6) waste from a facility operating under Section
19    22.38.
20(Source: P.A. 100-103, eff. 8-11-17; 100-433, eff. 8-25-17;
21100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
228-14-18; 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 
23    (415 ILCS 5/22.38)
24    Sec. 22.38. Construction or demolition debris recovery
25facilities. Facilities accepting exclusively general

 

 

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1construction or demolition debris for transfer, storage, or
2treatment.
3    (a) Construction or demolition debris recovery facilities
4Facilities accepting exclusively general construction or
5demolition debris for transfer, storage, or treatment shall be
6subject to local zoning, ordinance, and land use requirements.
7Those facilities shall be located in accordance with local
8zoning requirements or, in the absence of local zoning
9requirements, shall be located so that no part of the facility
10boundary is closer than 1,320 feet from the nearest property
11zoned for primarily residential use.
12    (b) An owner or operator of a construction or demolition
13debris recovery facility accepting exclusively general
14construction or demolition debris for transfer, storage, or
15treatment shall:
16        (1) Within 48 hours after receipt of the general
17    construction or demolition debris at the facility: ,
18            (A) sort the general construction or demolition
19        debris to separate the recyclable general construction
20        or demolition debris, recovered wood that is processed
21        for use as fuel, and general construction or
22        demolition debris that is processed for use as a
23        product at a landfill from the non-recyclable general
24        construction or demolition debris that is to be
25        disposed of or discarded; and .
26            (B) process the recyclable general construction or

 

 

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1        demolition debris and general construction or
2        demolition debris that is processed for use as a
3        product at a landfill.
4        (2) Transport off site for disposal, in accordance
5    with all applicable federal, State, and local requirements
6    within 72 hours after its receipt at the facility, all
7    non-usable or non-recyclable general construction or
8    demolition debris that is not recyclable general
9    construction or demolition debris, recovered wood that is
10    processed for use as fuel, or general construction or
11    demolition debris that is processed for use as a product
12    at a landfill.
13        (3) Ensure Limit the percentage of incoming
14    non-recyclable general construction or demolition debris
15    to 25% or less of the total incoming general construction
16    or demolition debris, so that 35% 75% or more of the
17    general construction or demolition debris accepted, as
18    calculated monthly on a rolling 12-month average, consists
19    of recyclable general construction or demolition debris,
20    recovered wood that is processed for use as fuel, or
21    general construction or demolition debris that is
22    processed for use at a landfill except that general
23    construction or demolition debris processed for use at a
24    landfill shall not exceed 35% of the general construction
25    or demolition debris accepted on a rolling 12-month
26    average basis. The percentage percentages in this

 

 

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1    paragraph (3) of subsection (b) shall be calculated by
2    weight, using scales located at the facility that are
3    certified under the Weights and Measures Act.
4        (4) Up to Within 6 months after its receipt at the
5    facility, transport:
6            (A) all non-putrescible recyclable general
7        construction or demolition debris for recycling or
8        disposal; and
9            (B) all non-putrescible general construction or
10        demolition debris that is transported processed for
11        use at a landfill to a MSWLF unit for use as a product
12        or disposal.
13        (5) Within 45 days after its receipt at the facility,
14    transport:
15            (A) all putrescible or combustible recyclable
16        general construction or demolition debris (excluding
17        recovered wood that is processed for use as fuel) for
18        recycling or disposal;
19            (B) all recovered wood that is processed for use
20        as fuel to an intermediate processing facility for
21        sizing, to a combustion facility for use as fuel, or to
22        a disposal facility; and
23            (C) all putrescible general construction or
24        demolition debris that is transported to processed for
25        use at a landfill to a MSWLF unit for use as a product
26        or disposal.

 

 

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1        (6) Employ tagging and recordkeeping procedures to (i)
2    demonstrate compliance with this Section and (ii) identify
3    the source and transporter of material accepted by the
4    facility. Records must be kept for a minimum of 3 years and
5    shall include, but shall not be limited to, information
6    regarding the total quantity of general construction or
7    demolition debris accepted, the total quantity of
8    recyclable general construction or demolition debris
9    transported from the facility, and the facility's
10    compliance with paragraphs (3) and (16) of this subsection
11    (b).
12        (7) Control odor, noise, combustion of materials,
13    disease vectors, dust, and litter.
14        (8) Control, manage, and dispose of any storm water
15    runoff and leachate generated at the facility in
16    accordance with applicable federal, State, and local
17    requirements.
18        (9) Control access to the facility.
19        (10) Comply with all applicable federal, State, or
20    local requirements for the handling, storage,
21    transportation, or disposal of asbestos-containing
22    material or other material brought to accepted at the
23    facility that is not general construction or demolition
24    debris.
25        (11) Prior to August 24, 2009 (the effective date of
26    Public Act 96-611), submit to the Agency at least 30 days

 

 

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1    prior to the initial acceptance of general construction or
2    demolition debris at the facility, on forms provided by
3    the Agency, the following information:
4            (A) the name, address, and telephone number of
5        both the facility owner and operator;
6            (B) the street address and location of the
7        facility;
8            (C) a description of facility operations;
9            (D) a description of the tagging and recordkeeping
10        procedures the facility will employ to (i) demonstrate
11        compliance with this Section and (ii) identify the
12        source and transporter of any material accepted by the
13        facility;
14            (E) the name and location of the disposal sites to
15        be used for the disposal of any general construction
16        or demolition debris received at the facility that
17        must be disposed of;
18            (F) the name and location of an individual,
19        facility, or business to which recyclable materials
20        will be transported;
21            (G) the name and location of intermediate
22        processing facilities or combustion facilities to
23        which recovered wood that is processed for use as fuel
24        will be transported; and
25            (H) other information as specified on the form
26        provided by the Agency.

 

 

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1        (12) On or after August 24, 2009 (the effective date
2    of Public Act 96-611), obtain a permit issued by the
3    Agency prior to the initial acceptance of general
4    construction or demolition debris at the facility.
5        When any of the information contained or processes
6    described in the initial notification form submitted to
7    the Agency under paragraph (11) of subsection (b) of this
8    Section changes, the owner and operator shall submit an
9    updated form within 14 days of the change.
10        (13) On or before April 15, 2022, and on or before each
11    April 15, July 15, October 15, and January 15 thereafter,
12    provide a report to the Agency, on forms provided by the
13    Agency, that includes the following:
14            (A) The total quantity of general construction or
15        demolition debris accepted at the facility during the
16        preceding calendar quarter, in tons or cubic yards.
17            (B) The total quantity of recyclable general
18        construction or demolition debris transported from the
19        facility during the preceding calendar quarter, in
20        tons or cubic yards.
21            (C) The total quantity of recyclable general
22        construction or demolition debris transported to a
23        facility operating under Section 22.51.
24            (D) The facility's compliance with paragraph (3)
25        of this subsection (b).
26        (14) Not accept waste other than general construction

 

 

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1    or demolition debris.
2        (15) Use best practices to remove gypsum wallboard
3    from other general construction or demolition debris to
4    the greatest extent possible so that prior to any
5    mechanical processing of the general construction or
6    demolition debris load such material can be recycled and
7    removed from fine screen material to the greatest extent
8    possible.
9        (16) Test fine screened material for sulfur as
10    approved in a permit issued by the Agency.
11        (17) Limit the percentage of general construction or
12    demolition debris that is transported to a facility
13    operating under Section 22.51 to no more than 5% of the
14    general construction or demolition debris accepted on a
15    rolling 12-month average basis. The percentage in this
16    paragraph (17) shall be calculated by weight, using scales
17    located at the facility that are certified under the
18    Weights and Measures Act.
19        (18) Not transport fine screened material to a
20    facility operating under Section 22.51.
21    (c) For purposes of this Section, the term "recyclable
22general construction or demolition debris" means (i) general
23construction or demolition debris that has been rendered
24reusable and is reused or that would otherwise be disposed of
25or discarded but is collected, separated, or processed and
26returned to the economic mainstream in the form of raw

 

 

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1materials or products or (ii) recovered wood that is processed
2for use as fuel. "Recyclable general construction or
3demolition debris" does not include (i) general construction
4or demolition debris other than recovered wood that is
5processed for use as fuel, incinerated, burned, buried, or
6otherwise used as fill material or (ii) general construction
7or demolition debris that is processed for use as a product at
8a landfill.
9    (d) For purposes of this Section, "construction or
10demolition debris recovery facility" means a facility that
11accepts exclusively general construction or demolition debris
12to sort, separate, and process it to recover material for
13recycling, reclamation, or reuse "treatment" means processing
14designed to alter the physical nature of the general
15construction or demolition debris, including but not limited
16to size reduction, crushing, grinding, or homogenization, but
17does not include processing designed to change the chemical
18nature of the general construction or demolition debris.
19    (e) For purposes of this Section, "recovered wood that is
20processed for use as fuel" means wood that has been salvaged
21from general construction or demolition debris and processed
22for use as fuel, as authorized by the applicable state or
23federal environmental regulatory authority, and supplied only
24to intermediate processing facilities for sizing, or to
25combustion facilities for use as fuel, that have obtained all
26necessary waste management and air permits for handling and

 

 

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1combustion of the fuel.
2    (f) For purposes of this Section, "gypsum wallboard" means
3a panel, also known as drywall, with a gypsum core and faced
4with a heavy paper or other material on both sides
5"non-recyclable general construction or demolition debris"
6does not include "recovered wood that is processed for use as
7fuel" or general construction or demolition debris that is
8processed for use at a landfill.
9    (g) Recyclable general construction or demolition debris,
10recovered wood that is processed for use as fuel, and general
11construction or demolition debris that is processed for use at
12a landfill shall not be considered as meeting the 35% 75%
13diversion requirement for purposes of subdivision (b)(3) of
14this Section if sent for disposal at the end of the applicable
15retention period.
16    (h) For the purposes of this Section, "general
17construction or demolition debris that is processed for use as
18a product at a landfill" means general construction or
19demolition debris that is processed for use as a product at a
20MSWLF unit as alternative daily cover, road building material,
21or drainage structure building material in accordance with the
22MSWLF unit's waste disposal permit issued by the Agency under
23this Act. "General construction or demolition debris that is
24processed for use as a product at a landfill" may include:
25        (1) bricks, concrete, or other masonry materials;
26        (2) rock;

 

 

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1        (3) wood;
2        (4) asphalt pavement; and
3        (5) fine screened material.
4    (i) For purposes of the 35% 75% diversion requirement
5under subdivision (b)(3) of this Section, owners and operators
6of construction or demolition debris recovery facilities
7accepting exclusively general construction or demolition
8debris for transfer, storage, or treatment may multiply by 2
9the amount of accepted asphalt roofing shingles that are
10transferred to a facility for recycling in accordance with a
11beneficial use determination issued under Section 22.54 of
12this Act. The owner or operator of the construction or
13demolition debris recovery facility accepting exclusively
14general construction or demolition debris for transfer,
15storage, or treatment must maintain receipts from the shingle
16recycling facility that document the amounts of asphalt
17roofing shingles transferred for recycling in accordance with
18the beneficial use determination. All receipts must be
19maintained for a minimum of 3 years and must be made available
20to the Agency for inspection and copying during normal
21business hours.
22    (j) For purposes of this Section, "fine screened material"
23means fine screened material extracted from the processing of
24general construction or demolition debris, consisting
25primarily of soil, wood, concrete, drywall, rock, and other
26miscellaneous material particles, as long as the fine screened

 

 

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1material does not contain more than 5% sulfur by weight.
2    (k) The prohibitions and requirements specified in
3paragraphs (3), (6), (13), and (14) of subsection (b) shall be
4enforceable by the Agency either by administrative citation
5under Section 31.1 or as otherwise provided under this Act.
6    (l) A unit of local government, as defined in Section 2 of
7the Local Solid Waste Disposal Act, in which a construction or
8demolition debris recovery facility is located may establish a
9fee, tax, or surcharge with regard to the transfer of solid
10waste to a landfill from such a facility. All fees, taxes, and
11surcharges collected under this subsection shall be utilized
12for solid waste management, sustainability, inspection and
13enforcement activities, and other activities consistent with
14the Illinois Solid Waste Management Act, the Solid Waste
15Planning and Recycling Act, and the Local Solid Waste Disposal
16Act. However, the total fee, tax, or surcharge imposed by a
17unit of local government shall not exceed $1.27 per ton of
18solid waste taken to a landfill. No single unit of local
19government may impose a fee, tax, or surcharge authorized
20under this subsection in a total excess of $0.64 per ton.
21General construction and demolition debris recovery facilities
22shall be responsible for collecting any fee, tax, or surcharge
23imposed by units of local government and remitting the fee,
24tax, or surcharge to the applicable unit of local government
25on a calendar quarterly basis. The Agency shall prepare forms
26to be used to track and monitor the solid waste taken to

 

 

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1landfills for disposal and to calculate the payment of any
2fee, tax, or surcharge paid to a unit of local government.
3    Any fee, tax, or surcharge collected under this subsection
4shall be placed by the unit of local government in a separate
5fund, and the interest received on moneys in the fund shall be
6credited to the fund. The moneys in the fund may be accumulated
7over a period of years to be expended in accordance with this
8subsection.
9    A unit of local government shall prepare and distribute to
10the Agency, in April each year, a report that details the
11spending plan for moneys collected in accordance with this
12subsection. The report shall, at a minimum, include the
13following:
14        (1) The total moneys collection pursuant to this
15    subsection.
16        (2) The most current balance of moneys collected
17    pursuant to this subsection.
18        (3) An itemized accounting of all moneys expended for
19    the previous year pursuant to this subsection.
20        (4) An estimation of moneys to be collected for the
21    following 3 years pursuant to this subsection.
22        (5) A narrative detailing the general direction and
23    scope of future expenditures pursuant to this subsection.
24    The fee, tax, or surcharge under this subsection shall not
25apply to the portion of waste from a construction or
26demolition debris recovery facility that is processed for use

 

 

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1as a product at a landfill.
2(Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09;
396-1000, eff. 7-2-10; 97-230, eff. 7-28-11; 97-314, eff.
41-1-12; 97-813, eff. 7-13-12.)
 
5    (415 ILCS 5/22.44)
6    Sec. 22.44. Subtitle D management fees.
7    (a) There is created within the State treasury a special
8fund to be known as the "Subtitle D Management Fund"
9constituted from the fees collected by the State under this
10Section.
11    (b) The Agency shall assess and collect a fee in the amount
12set forth in this subsection from the owner or operator of each
13sanitary landfill permitted or required to be permitted by the
14Agency to dispose of solid waste if the sanitary landfill is
15located off the site where the waste was produced and if the
16sanitary landfill is owned, controlled, and operated by a
17person other than the generator of the waste. The Agency shall
18deposit all fees collected under this subsection into the
19Subtitle D Management Fund. If a site is contiguous to one or
20more landfills owned or operated by the same person, the
21volumes permanently disposed of by each landfill shall be
22combined for purposes of determining the fee under this
23subsection.
24        (1) If more than 150,000 cubic yards of non-hazardous
25    solid waste is permanently disposed of at a site in a

 

 

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1    calendar year, the owner or operator shall either pay a
2    fee of 10.1 cents per cubic yard or, alternatively, the
3    owner or operator may weigh the quantity of the solid
4    waste permanently disposed of with a device for which
5    certification has been obtained under the Weights and
6    Measures Act and pay a fee of 22 cents per ton of waste
7    permanently disposed of.
8        (2) If more than 100,000 cubic yards, but not more
9    than 150,000 cubic yards, of non-hazardous waste is
10    permanently disposed of at a site in a calendar year, the
11    owner or operator shall pay a fee of $7,020.
12        (3) If more than 50,000 cubic yards, but not more than
13    100,000 cubic yards, of non-hazardous solid waste is
14    permanently disposed of at a site in a calendar year, the
15    owner or operator shall pay a fee of $3,120.
16        (4) If more than 10,000 cubic yards, but not more than
17    50,000 cubic yards, of non-hazardous solid waste is
18    permanently disposed of at a site in a calendar year, the
19    owner or operator shall pay a fee of $975.
20        (5) If not more than 10,000 cubic yards of
21    non-hazardous solid waste is permanently disposed of at a
22    site in a calendar year, the owner or operator shall pay a
23    fee of $210.
24    (c) The fee under subsection (b) shall not apply to any of
25the following:
26        (1) Hazardous waste.

 

 

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1        (2) Pollution control waste.
2        (3) Waste from recycling, reclamation, or reuse
3    processes that have been approved by the Agency as being
4    designed to remove any contaminant from wastes so as to
5    render the wastes reusable, provided that the process
6    renders at least 50% of the waste reusable.
7        (4) Non-hazardous solid waste that is received at a
8    sanitary landfill and composted or recycled through a
9    process permitted by the Agency.
10        (5) Any landfill that is permitted by the Agency to
11    receive only demolition or construction debris or
12    landscape waste.
13        (6) On and after January 1, 2022, waste from a
14    facility operating under Section 22.38 that is processed
15    for use as a product at a landfill. However, the exemption
16    under this paragraph (6) may not be claimed on more than
17    18% of the total general construction and demolition
18    debris accepted by the facility during each calendar
19    quarter. All remaining waste from the facility shall be
20    subject to 50% of the fee under subsection (b).
21    (d) The Agency shall establish rules relating to the
22collection of the fees authorized by this Section. These rules
23shall include, but not be limited to the following:
24        (1) Necessary records identifying the quantities of
25    solid waste received or disposed.
26        (2) The form and submission of reports to accompany

 

 

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1    the payment of fees to the Agency.
2        (3) The time and manner of payment of fees to the
3    Agency, which payments shall not be more often than
4    quarterly.
5        (4) Procedures setting forth criteria establishing
6    when an owner or operator may measure by weight or volume
7    during any given quarter or other fee payment period.
8    (e) Fees collected under this Section shall be in addition
9to any other fees collected under any other Section.
10    (f) The Agency shall not refund any fee paid to it under
11this Section.
12    (g) Pursuant to appropriation, all moneys in the Subtitle
13D Management Fund shall be used by the Agency to administer the
14United States Environmental Protection Agency's Subtitle D
15Program provided in Sections 4004 and 4010 of the Resource
16Conservation and Recovery Act of 1976 (P.L. 94-580) as it
17relates to a municipal solid waste landfill program in
18Illinois and to fund a delegation of inspecting,
19investigating, and enforcement functions, within the
20municipality only, pursuant to subsection (r) of Section 4 of
21this Act to a municipality having a population of more than
221,000,000 inhabitants. The Agency shall execute a delegation
23agreement pursuant to subsection (r) of Section 4 of this Act
24with a municipality having a population of more than 1,000,000
25inhabitants within 90 days of September 13, 1993 and shall on
26an annual basis distribute from the Subtitle D Management Fund

 

 

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1to that municipality no less than $150,000. Pursuant to
2appropriation, moneys in the Subtitle D Management Fund may
3also be used by the Agency for activities conducted under
4Section 22.15a of this Act.
5(Source: P.A. 93-32, eff. 7-1-03; 94-272, eff. 7-19-05.)".