Full Text of SB1089 102nd General Assembly
SB1089sam001 102ND GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing 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
| 9 | | special fund to be known as the Solid Waste Management Fund, to | 10 | | be
constituted from the fees collected by the State pursuant | 11 | | to this Section,
from repayments of loans made from the Fund | 12 | | for solid waste projects, from registration fees collected | 13 | | pursuant to the Consumer Electronics Recycling Act, and from | 14 | | amounts transferred into the Fund pursuant to Public Act | 15 | | 100-433.
Moneys received by the Department of Commerce and | 16 | | Economic Opportunity
in repayment of loans made pursuant to |
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| 1 | | the Illinois Solid Waste Management
Act shall be deposited | 2 | | into the General Revenue Fund.
| 3 | | (b) The Agency shall assess and collect a
fee in the amount | 4 | | set forth herein from the owner or operator of each sanitary
| 5 | | landfill permitted or required to be permitted by the Agency | 6 | | to dispose of
solid waste if the sanitary landfill is located | 7 | | off the site where such waste
was produced and if such sanitary | 8 | | landfill is owned, controlled, and operated
by a person other | 9 | | than the generator of such waste. The Agency shall deposit
all | 10 | | fees collected into the Solid Waste Management Fund. If a site | 11 | | is
contiguous to one or more landfills owned or operated by the | 12 | | same person, the
volumes permanently disposed of by each | 13 | | landfill shall be combined for purposes
of determining the fee | 14 | | under this subsection. Beginning on July 1, 2018, and on the | 15 | | first day of each month thereafter during fiscal years 2019 | 16 | | through 2021, the State Comptroller shall direct and State | 17 | | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 | 18 | | per fiscal year from the Solid Waste Management Fund to the | 19 | | General 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 | 23 | | collection of the
fees authorized by this Section. Such rules | 24 | | shall 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 | 10 | | Waste Management
Fund shall be used by the Agency and the | 11 | | Department of Commerce and Economic Opportunity for the | 12 | | purposes set forth in this Section and in the Illinois
Solid | 13 | | Waste Management Act, including for the costs of fee | 14 | | collection and
administration, and for the administration of | 15 | | (1) the Consumer Electronics Recycling Act and (2) until | 16 | | January 1, 2020, the Electronic Products Recycling and Reuse | 17 | | Act.
| 18 | | (f) The Agency is authorized to enter into such agreements | 19 | | and to
promulgate such rules as are necessary to carry out its | 20 | | duties under this
Section and the Illinois Solid Waste | 21 | | Management Act.
| 22 | | (g) On the first day of January, April, July, and October | 23 | | of each year,
beginning on July 1, 1996, the State Comptroller | 24 | | and Treasurer shall
transfer $500,000 from the Solid Waste | 25 | | Management Fund to the Hazardous Waste
Fund. Moneys | 26 | | transferred under this subsection (g) shall be used only for |
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| 1 | | the
purposes set forth in item (1) of subsection (d) of Section | 2 | | 22.2.
| 3 | | (h) The Agency is authorized to provide financial | 4 | | assistance to units of
local government for the performance of | 5 | | inspecting, investigating and
enforcement activities pursuant | 6 | | to Section 4(r) at nonhazardous solid
waste disposal sites.
| 7 | | (i) The Agency is authorized to conduct household waste | 8 | | collection and
disposal programs.
| 9 | | (j) A unit of local government, as defined in the Local | 10 | | Solid Waste Disposal
Act, in which a solid waste disposal | 11 | | facility is located may establish a fee,
tax, or surcharge | 12 | | with regard to the permanent disposal of solid waste.
All | 13 | | fees, taxes, and surcharges collected under this subsection | 14 | | shall be
utilized for solid waste management purposes, | 15 | | including long-term monitoring
and maintenance of landfills, | 16 | | planning, implementation, inspection, enforcement
and other | 17 | | activities consistent with the Solid Waste Management Act and | 18 | | the
Local Solid Waste Disposal Act, or for any other | 19 | | environment-related purpose,
including but not limited to an | 20 | | environment-related public works project, but
not for the | 21 | | construction of a new pollution control facility other than a
| 22 | | household hazardous waste facility. However, the total fee, | 23 | | tax or surcharge
imposed by all units of local government | 24 | | under this subsection (j) upon the
solid waste disposal | 25 | | facility 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
| 22 | | may use proceeds from the fee, tax, or surcharge to reimburse a | 23 | | highway
commissioner whose road district lies wholly or | 24 | | partially within the
corporate limits of the unit of local | 25 | | government for expenses incurred in
the removal of | 26 | | nonhazardous, nonfluid municipal waste that has been dumped
on |
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| 1 | | public property in violation of a State law or local | 2 | | ordinance.
| 3 | | A county or Municipal Joint Action Agency that imposes a | 4 | | fee, tax, or
surcharge under this subsection may use the | 5 | | proceeds thereof to reimburse a
municipality that lies wholly | 6 | | or partially within its boundaries for expenses
incurred in | 7 | | the removal of nonhazardous, nonfluid municipal waste that has | 8 | | been
dumped on public property in violation of a State law or | 9 | | local ordinance.
| 10 | | If the fees are to be used to conduct a local sanitary | 11 | | landfill
inspection or enforcement program, the unit of local | 12 | | government must enter
into a written delegation agreement with | 13 | | the Agency pursuant to subsection
(r) of Section 4. The unit of | 14 | | local government and the Agency shall enter
into such a | 15 | | written delegation agreement within 60 days after the
| 16 | | establishment of such fees. At least annually,
the Agency | 17 | | shall conduct an audit of the expenditures made by units of | 18 | | local
government from the funds granted by the Agency to the | 19 | | units of local
government for purposes of local sanitary | 20 | | landfill inspection and enforcement
programs, to ensure that | 21 | | the funds have been expended for the prescribed
purposes under | 22 | | the grant.
| 23 | | The fees, taxes or surcharges collected under this | 24 | | subsection (j) shall
be placed by the unit of local government | 25 | | in a separate fund, and the
interest received on the moneys in | 26 | | the fund shall be credited to the fund. The
monies in the fund |
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| 1 | | may be accumulated over a period of years to be
expended in | 2 | | accordance with this subsection.
| 3 | | A unit of local government, as defined in the Local Solid | 4 | | Waste Disposal
Act, shall prepare and distribute to the | 5 | | Agency, in April of each year, a
report that details spending | 6 | | plans for monies collected in accordance with
this subsection. | 7 | | The 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, | 19 | | and under
subsection (k) of this Section, shall be applicable | 20 | | to any fee,
tax or surcharge imposed under this subsection | 21 | | (j); except that the fee,
tax or surcharge authorized to be | 22 | | imposed under this subsection (j) may be
made applicable by a | 23 | | unit of local government to the permanent disposal of
solid | 24 | | waste after December 31, 1986, under any contract lawfully | 25 | | executed
before June 1, 1986 under which more than 150,000 | 26 | | cubic yards (or 50,000 tons)
of solid waste is to be |
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| 1 | | permanently disposed of, even though the waste is
exempt from | 2 | | the fee imposed by the State under subsection (b) of this | 3 | | Section
pursuant to an exemption granted under Section 22.16.
| 4 | | (k) The In accordance with the findings and purposes of | 5 | | the Illinois Solid
Waste Management Act, beginning January 1, | 6 | | 1989 the fee under subsection
(b) and the fee, tax or surcharge | 7 | | under 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 | 4 | | not 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; | 21 | | 100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff. | 22 | | 8-14-18; 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 | 25 | | facilities. Facilities accepting exclusively general |
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| 1 | | construction or
demolition debris
for transfer, storage, or | 2 | | treatment.
| 3 | | (a) Construction or demolition debris recovery facilities | 4 | | Facilities accepting exclusively general construction or | 5 | | demolition
debris for
transfer, storage, or treatment shall be | 6 | | subject to local zoning, ordinance,
and
land use requirements.
| 7 | | Those facilities shall be located in accordance with local | 8 | | zoning requirements
or, in the absence of local zoning | 9 | | requirements, shall be located so that no
part of the facility | 10 | | boundary is closer than 1,320 feet from the nearest
property | 11 | | zoned for primarily residential use.
| 12 | | (b) An owner or operator of a construction or demolition | 13 | | debris recovery facility accepting exclusively general
| 14 | | construction or demolition debris for transfer, storage, or | 15 | | treatment 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 | 22 | | general
construction or demolition debris" means (i) general | 23 | | construction or demolition
debris that has been rendered | 24 | | reusable and is reused or that would otherwise
be disposed of | 25 | | or discarded but is collected, separated, or processed and
| 26 | | returned to the economic mainstream in the form of raw |
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| 1 | | materials or products or (ii) recovered wood that is processed | 2 | | for use as fuel .
"Recyclable general construction or | 3 | | demolition debris" does not include (i) general
construction | 4 | | or demolition debris other than recovered wood that is | 5 | | processed for use as fuel, incinerated,
burned, buried, or | 6 | | otherwise used as fill material or (ii) general construction | 7 | | or demolition debris that is processed for use as a product at | 8 | | a landfill.
| 9 | | (d) For purposes of this Section, "construction or | 10 | | demolition debris recovery facility" means a facility that | 11 | | accepts exclusively general construction or demolition debris | 12 | | to sort, separate, and process it to recover material for | 13 | | recycling, reclamation, or reuse "treatment" means processing
| 14 | | designed to alter the physical nature of the general | 15 | | construction or
demolition debris, including but not limited | 16 | | to size reduction, crushing,
grinding, or
homogenization, but | 17 | | does not include processing designed to change the chemical
| 18 | | nature of the general construction or demolition debris .
| 19 | | (e) For purposes of this Section, "recovered wood that is | 20 | | processed for use as fuel" means wood that has been salvaged | 21 | | from general construction or demolition debris and processed | 22 | | for use as fuel, as authorized by the applicable state or | 23 | | federal environmental regulatory authority, and supplied only | 24 | | to intermediate processing facilities for sizing, or to | 25 | | combustion facilities for use as fuel, that have obtained all | 26 | | necessary waste management and air permits for handling and |
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| 1 | | combustion of the fuel. | 2 | | (f) For purposes of this Section, "gypsum wallboard" means | 3 | | a panel, also known as drywall, with a gypsum core and faced | 4 | | with a heavy paper or other material on both sides | 5 | | "non-recyclable general construction or demolition debris" | 6 | | does not include "recovered wood that is processed for use as | 7 | | fuel" or general construction or demolition debris that is | 8 | | processed for use at a landfill . | 9 | | (g) Recyclable general construction or demolition debris , | 10 | | recovered wood that is processed for use as fuel, and general | 11 | | construction or demolition debris that is processed for use at | 12 | | a landfill shall not be considered as meeting the 35% 75% | 13 | | diversion requirement for purposes of subdivision (b)(3) of | 14 | | this Section if sent for disposal at the end of the applicable | 15 | | retention period. | 16 | | (h) For the purposes of this Section, "general | 17 | | construction or demolition debris that is processed for use as | 18 | | a product at a landfill" means general construction or | 19 | | demolition debris that is processed for use as a product at a | 20 | | MSWLF unit as alternative daily cover, road building material, | 21 | | or drainage structure building material in accordance with the | 22 | | MSWLF unit's waste disposal permit issued by the Agency under | 23 | | this Act. "General construction or demolition debris that is | 24 | | processed 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 | 5 | | under subdivision (b)(3) of this Section, owners and operators | 6 | | of construction or demolition debris recovery facilities | 7 | | accepting exclusively general construction or demolition | 8 | | debris for transfer, storage, or treatment may multiply by 2 | 9 | | the amount of accepted asphalt roofing shingles that are | 10 | | transferred to a facility for recycling in accordance with a | 11 | | beneficial use determination issued under Section 22.54 of | 12 | | this Act. The owner or operator of the construction or | 13 | | demolition debris recovery facility accepting exclusively | 14 | | general construction or demolition debris for transfer, | 15 | | storage, or treatment must maintain receipts from the shingle | 16 | | recycling facility that document the amounts of asphalt | 17 | | roofing shingles transferred for recycling in accordance with | 18 | | the beneficial use determination. All receipts must be | 19 | | maintained for a minimum of 3 years and must be made available | 20 | | to the Agency for inspection and copying during normal | 21 | | business hours. | 22 | | (j) For purposes of this Section, "fine screened material" | 23 | | means fine screened material extracted from the processing of | 24 | | general construction or demolition debris, consisting | 25 | | primarily of soil, wood, concrete, drywall, rock, and other | 26 | | miscellaneous material particles, as long as the fine screened |
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| 1 | | material does not contain more than 5% sulfur by weight. | 2 | | (k) The prohibitions and requirements specified in | 3 | | paragraphs (3), (6), (13), and (14) of subsection (b) shall be | 4 | | enforceable by the Agency either by administrative citation | 5 | | under Section 31.1 or as otherwise provided under this Act. | 6 | | (l) A unit of local government, as defined in Section 2 of | 7 | | the Local Solid Waste Disposal Act, in which a construction or | 8 | | demolition debris recovery facility is located may establish a | 9 | | fee, tax, or surcharge with regard to the transfer of solid | 10 | | waste to a landfill from such a facility. All fees, taxes, and | 11 | | surcharges collected under this subsection shall be utilized | 12 | | for solid waste management, sustainability, inspection and | 13 | | enforcement activities, and other activities consistent with | 14 | | the Illinois Solid Waste Management Act, the Solid Waste | 15 | | Planning and Recycling Act, and the Local Solid Waste Disposal | 16 | | Act. However, the total fee, tax, or surcharge imposed by a | 17 | | unit of local government shall not exceed $1.27 per ton of | 18 | | solid waste taken to a landfill. No single unit of local | 19 | | government may impose a fee, tax, or surcharge authorized | 20 | | under this subsection in a total excess of $0.64 per ton. | 21 | | General construction and demolition debris recovery facilities | 22 | | shall be responsible for collecting any fee, tax, or surcharge | 23 | | imposed by units of local government and remitting the fee, | 24 | | tax, or surcharge to the applicable unit of local government | 25 | | on a calendar quarterly basis. The Agency shall prepare forms | 26 | | to be used to track and monitor the solid waste taken to |
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| 1 | | landfills for disposal and to calculate the payment of any | 2 | | fee, tax, or surcharge paid to a unit of local government. | 3 | | Any fee, tax, or surcharge collected under this subsection | 4 | | shall be placed by the unit of local government in a separate | 5 | | fund, and the interest received on moneys in the fund shall be | 6 | | credited to the fund. The moneys in the fund may be accumulated | 7 | | over a period of years to be expended in accordance with this | 8 | | subsection. | 9 | | A unit of local government shall prepare and distribute to | 10 | | the Agency, in April each year, a report that details the | 11 | | spending plan for moneys collected in accordance with this | 12 | | subsection. The report shall, at a minimum, include the | 13 | | following: | 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 | 25 | | apply to the portion of waste from a construction or | 26 | | demolition debris recovery facility that is processed for use |
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| 1 | | as a product at a landfill. | 2 | | (Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09; | 3 | | 96-1000, eff. 7-2-10; 97-230, eff. 7-28-11; 97-314, eff. | 4 | | 1-1-12; 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 | 8 | | fund to be
known as the "Subtitle D Management Fund" | 9 | | constituted from the fees collected
by the State under this | 10 | | Section.
| 11 | | (b) The Agency shall assess and collect
a fee in the amount | 12 | | set forth in this subsection from the owner or operator of
each | 13 | | sanitary landfill permitted or required to be permitted by the | 14 | | Agency to
dispose of solid waste if the sanitary landfill is | 15 | | located off the site where
the waste was produced and if the | 16 | | sanitary landfill is owned, controlled, and
operated by a | 17 | | person other than the generator of the waste. The Agency shall
| 18 | | deposit all fees collected under this subsection into the | 19 | | Subtitle D
Management Fund. If a site is contiguous to one or | 20 | | more landfills owned or
operated by the same person, the | 21 | | volumes permanently disposed of by each
landfill shall be | 22 | | combined for purposes of determining the fee under this
| 23 | | subsection.
| 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 | 25 | | the 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 | 22 | | collection of the
fees authorized by this Section. These rules | 23 | | shall 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 | 9 | | to any other fees
collected under any other Section.
| 10 | | (f) The Agency shall not refund any fee paid to it under | 11 | | this Section.
| 12 | | (g) Pursuant to appropriation, all moneys in the Subtitle | 13 | | D Management
Fund shall be used by the Agency to administer the | 14 | | United States Environmental
Protection Agency's Subtitle D | 15 | | Program provided in Sections 4004 and 4010 of
the Resource | 16 | | Conservation and Recovery Act of 1976 (P.L. 94-580) as it | 17 | | relates
to a municipal solid waste landfill program in | 18 | | Illinois and to fund a
delegation of inspecting, | 19 | | investigating, and enforcement functions, within the
| 20 | | municipality only, pursuant to subsection (r) of Section 4 of | 21 | | this Act to a
municipality having a population of more than | 22 | | 1,000,000 inhabitants. The
Agency shall execute a delegation | 23 | | agreement pursuant to subsection (r) of
Section 4 of this Act | 24 | | with a municipality having a population of more than
1,000,000 | 25 | | inhabitants within 90 days of September 13, 1993 and shall on | 26 | | an
annual basis distribute from
the Subtitle D Management Fund |
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| 1 | | to that municipality no less than $150,000. Pursuant to | 2 | | appropriation, moneys in the Subtitle D Management Fund may | 3 | | also be used by the Agency for activities conducted under | 4 | | Section 22.15a of this Act.
| 5 | | (Source: P.A. 93-32, eff. 7-1-03; 94-272, eff. 7-19-05.)".
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