Full Text of SB2313 95th General Assembly
SB2313ham001 95TH GENERAL ASSEMBLY
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Rep. Elaine Nekritz
Filed: 5/20/2008
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LRB095 19031 RCE 51145 a |
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| AMENDMENT TO SENATE BILL 2313
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| AMENDMENT NO. ______. Amend Senate Bill 2313 on page 7, | 3 |
| immediately below line 15, by inserting the following:
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| ""Municipal joint action agency" means a municipal joint | 5 |
| action agency created under Section 3.2 of the | 6 |
| Intergovernmental Cooperation Act."; and
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| on page 19, line 19, by replacing "a list of" with "(1) a list | 8 |
| of manufacturers that have paid the current year's registration | 9 |
| fee as set forth in Section 30(b) and (2) a list of"; and
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| on page 20, immediately below line 20, by inserting the | 11 |
| following:
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| "(i) By March 1, 2011, and by March 1 of each subsequent | 13 |
| year, the Agency shall post on its website a list of registered | 14 |
| manufacturers that have not met their annual recycling and | 15 |
| reuse goal for the previous program year."; and
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| on page 20, line 21, by replacing "(i) By April" with "(j) By | 2 |
| July"; and
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| on page 20, by replacing line 24 with "modifications."; and
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| on page 21, line 18, by replacing "June" with "July"; and
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| on page 21, by replacing lines 20 through 22 with the | 6 |
| following:
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| "reports on program years 2010 and 2011. By August 1, 2012, the | 8 |
| Agency shall hold a public hearing to present its findings and | 9 |
| solicit additional comments. All additional comments shall be | 10 |
| submitted to the Agency in writing no later than October 1, | 11 |
| 2012."; and
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| on page 21, line 24, by replacing "September 1, 2012" with | 13 |
| "February 1, 2013"; and
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| on page 45, lines 10 and 11, by replacing "on behalf of the | 15 |
| Agency and" with "in the name of"; and
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| on page 45, line 13, by replacing "shall" with "may"; and
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| on page 45, line 16, after "motion,", by inserting "may"; and
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| on page 46, line 15, by replacing "Beginning" with "Except as | 2 |
| may be provided pursuant to subsection (e) of this Section, and | 3 |
| beginning"; and
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| on page 46, line 19, by replacing "Beginning" with "Except as | 5 |
| may be provided pursuant to subsection (e) of this Section, and | 6 |
| beginning"; and
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| by replacing line 6 on page 47 through line 6 on page 48 with | 8 |
| the following:
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| "(e) Beginning April 1, 2012 but no later than December 31, | 10 |
| 2013, the Illinois Pollution Control Board (Board) is | 11 |
| authorized to review temporary CED landfill ban waiver | 12 |
| petitions by county governments or municipal joint action | 13 |
| agencies (action agencies) and determine whether the | 14 |
| respective county's or action agency's jurisdiction may be | 15 |
| granted a temporary CED landfill ban waiver due to a lack of | 16 |
| funds and a lack of collection opportunities to collect CEDs | 17 |
| and EEDs within the county's or action agency's jurisdiction. | 18 |
| If the Board grants a waiver under this subsection (e), | 19 |
| subsections (a) and (b) of this Section shall not apply to CEDs | 20 |
| and EEDs that are taken out of service from residences within | 21 |
| the jurisdiction of the county or action agency receiving the | 22 |
| waiver and disposed of during the remainder of the program year | 23 |
| in which the petition is filed. | 24 |
| (1) The petition from the county or action agency shall |
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| include the following: | 2 |
| (A) documentation of the county's or action | 3 |
| agency's attempts to gain funding, as well as the total | 4 |
| funding obtained, for the collection of CEDs and EEDs | 5 |
| in its jurisdiction from manufacturers or other units | 6 |
| of government in the State; and
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| (B) an assessment of other collection | 8 |
| opportunities in the county's or action agency's | 9 |
| jurisdiction demonstrating insufficient capacity for | 10 |
| the anticipated volume of CEDs and EEDs for the | 11 |
| remainder of the program year in which the petition is | 12 |
| being filed.
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| (2) In addition to the criteria listed in item (1), the | 14 |
| Board shall consider the following additional criteria | 15 |
| when reviewing a petition:
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| (A) total weight of CEDs and EEDs collected in the | 17 |
| county's or action agency's jurisdiction during all | 18 |
| preceding program years;
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| (B) total weight of CEDs and EEDs collected in the | 20 |
| county's or action agency's jurisdiction during the | 21 |
| year in which the petition is filed; and
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| (C) the projected difference in weight between | 23 |
| prior program years and the year in which the petition | 24 |
| is filed.
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| (3) Within 60 days after the filing of the petition | 26 |
| with the Board, the Board shall determine, based on the |
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| criteria in items (1) and (2), whether a temporary CED | 2 |
| landfill ban waiver shall be granted to the respective | 3 |
| county or action agency for the remainder of the program | 4 |
| year in which the petition is filed. The Board's decision | 5 |
| to grant such a waiver shall be based upon a showing by | 6 |
| clear and convincing evidence that a county or action | 7 |
| agency has a lack of funds and its respective jurisdiction | 8 |
| lacks sufficient collection opportunities to collect CEDs | 9 |
| and EEDs. If the Board denies the petition for a landfill | 10 |
| ban waiver, the Board's order shall be final and | 11 |
| immediately appealable to the circuit court having | 12 |
| jurisdiction over the petitioner.
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| (4) Within 5 days after granting a temporary CED | 14 |
| landfill ban waiver, the Board shall provide written notice | 15 |
| to the Agency of the Board's decision. The notice shall be | 16 |
| provided at least 15 days prior to the waiver taking | 17 |
| effect.
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| (5) Any county or action agency granted a temporary CED | 19 |
| landfill ban waiver shall, within 7 days after receiving | 20 |
| the waiver, inform all solid waste haulers and landfill | 21 |
| operators used by the county or action agency for solid | 22 |
| waste disposal that a waiver has been granted for the | 23 |
| remainder of the program year. The notification shall be | 24 |
| provided to the solid waste haulers and landfill operators | 25 |
| at least 15 days prior to the waiver taking effect.
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| (6) Between April 1, 2012 and December 31, 2013, if a |
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| temporary CED landfill ban waiver has been granted to a | 2 |
| petitioner, no person disposing of a CED shall be subject | 3 |
| to any enforcement proceeding under item (2) of this | 4 |
| Section unless he or she disposes of the CED with knowledge | 5 |
| that the CED is from a county or action agency that has not | 6 |
| received a temporary CED landfill ban waiver.".
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