Full Text of HB0653 102nd General Assembly
HB0653eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 22.51b as follows: | 6 | | (415 ILCS 5/22.51b) | 7 | | Sec. 22.51b. Fees for permitted facilities accepting clean | 8 | | construction or demolition debris or uncontaminated soil. | 9 | | (a) The Agency shall assess and collect a fee from the | 10 | | owner or operator of each clean construction or demolition | 11 | | debris fill operation that is permitted or required to be | 12 | | permitted by the Agency. The fee assessed and collected under | 13 | | this subsection shall be 28 20 cents per cubic yard of clean | 14 | | construction or demolition debris or uncontaminated soil | 15 | | accepted by the clean construction or demolition debris fill | 16 | | operation, or, alternatively, the owner or operator may weigh | 17 | | the quantity of the clean construction or demolition debris or | 18 | | uncontaminated soil with a device for which certification has | 19 | | been obtained under the Weights and Measures Act and pay a fee | 20 | | of 20 14 cents per ton of clean construction or demolition | 21 | | debris or uncontaminated soil. The fee shall apply to | 22 | | construction or demolition debris or uncontaminated soil if | 23 | | (i) the clean construction or demolition debris fill operation |
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| 1 | | is located off the site where the clean construction or | 2 | | demolition debris or uncontaminated soil was generated and | 3 | | (ii) the clean construction or demolition debris fill | 4 | | operation is owned, controlled, and operated by a person other | 5 | | than the generator of the clean construction or demolition | 6 | | debris or uncontaminated soil. | 7 | | (b) The Agency shall establish rules relating to the | 8 | | collection of the fees authorized by subsection (a) of this | 9 | | Section. These rules shall include, but are not limited to, | 10 | | the following: | 11 | | (1) Records identifying the quantities of clean | 12 | | construction or demolition debris and uncontaminated soil | 13 | | received. | 14 | | (2) The form and submission of reports to accompany | 15 | | the payment of fees to the Agency. | 16 | | (3) The time and manner of payment of fees to the | 17 | | Agency, which payments shall not be more often than | 18 | | quarterly. | 19 | | (c) Fees collected under this Section shall be in addition | 20 | | to any other fees collected under any other Section. | 21 | | (d) The Agency shall not refund any fee paid to it under | 22 | | this Section. | 23 | | (e) The Agency shall deposit all fees collected under this | 24 | | subsection into the Environmental Protection Permit and | 25 | | Inspection Fund. Pursuant to appropriation, all moneys | 26 | | collected under this Section shall be used by the Agency for |
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| 1 | | the implementation of this Section and for permit and | 2 | | inspection activities. | 3 | | (f) A unit of local government, as defined in the Local | 4 | | Solid Waste Disposal Act, in which a clean construction or | 5 | | demolition debris fill operation is located and which has | 6 | | entered into a delegation agreement with the Agency pursuant | 7 | | to subsection (r) of Section 4 of this Act for inspection, | 8 | | investigation, or enforcement functions related to clean | 9 | | construction or demolition debris fill operations may | 10 | | establish a fee, tax, or surcharge with regard to clean | 11 | | construction or demolition debris or uncontaminated soil | 12 | | accepted by clean construction or demolition debris fill | 13 | | operations. All fees, taxes, and surcharges collected under | 14 | | this subsection shall be used for inspection, investigation, | 15 | | and enforcement functions performed by the unit of local | 16 | | government pursuant to the delegation agreement with the | 17 | | Agency and for environmental safety purposes . Fees, taxes, and | 18 | | surcharges established under this subsection (f) shall not | 19 | | exceed a total of 20 10 cents per cubic yard of clean | 20 | | construction or demolition debris or uncontaminated soil | 21 | | accepted by the clean construction or demolition debris fill | 22 | | operation, unless the owner or operator weighs the quantity of | 23 | | the clean construction or demolition debris or uncontaminated | 24 | | soil with a device for which certification has been obtained | 25 | | under the Weights and Measures Act, in which case the fee shall | 26 | | not exceed 14 7 cents per ton of clean construction or |
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| 1 | | demolition debris or uncontaminated soil. | 2 | | (g) For the purposes of this Section: | 3 | | (1) The term "uncontaminated soil" shall have the same | 4 | | meaning as uncontaminated soil under Section 3.160 of this | 5 | | Act. | 6 | | (2) The term "clean construction or demolition debris | 7 | | fill operation" shall have the same meaning as clean | 8 | | construction or demolition debris fill operation under | 9 | | Section 22.51 of this Act.
| 10 | | (Source: P.A. 96-1416, eff. 7-30-10.)
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