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90_HB1106
415 ILCS 5/22.15 from Ch. 111 1/2, par. 1022.15
Amends the Environmental Protection Act to allow a unit
of local government to impose a fee, tax, or surcharge on the
transfer of waste from a transfer station located in Illinois
to a landfill or incinerator for permanent disposal. Provides
that the fee, tax, or surcharge imposed on a transfer station
may not exceed 48% of the total fees, taxes, or surcharges
imposed by all units of local government on the transfer and
disposal of the same waste. Allows the fee, tax, or surcharge
to be used for any governmental purpose. Effective
immediately.
LRB9004023DPcc
LRB9004023DPcc
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 22.15.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Section 22.15 as follows:
7 (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
8 Sec. 22.15. Solid Waste Management Fund; fees.
9 (a) There is hereby created within the State Treasury a
10 special fund to be known as the "Solid Waste Management Fund"
11 constituted from the fees collected by the State pursuant to
12 this Section and from repayments of loans made from the Fund
13 for solid waste projects. Moneys received by the Department
14 of Commerce and Community Affairs in repayment of loans made
15 pursuant to the Illinois Solid Waste Management Act shall be
16 deposited into the Solid Waste Management Revolving Loan
17 Fund.
18 (b) On and after January 1, 1987, the Agency shall
19 assess and collect a fee in the amount set forth herein from
20 the owner or operator of each sanitary landfill permitted or
21 required to be permitted by the Agency to dispose of solid
22 waste if the sanitary landfill is located off the site where
23 such waste was produced and if such sanitary landfill is
24 owned, controlled, and operated by a person other than the
25 generator of such waste. The Agency shall deposit all fees
26 collected into the Solid Waste Management Fund. If a site is
27 contiguous to one or more landfills owned or operated by the
28 same person, the volumes permanently disposed of by each
29 landfill shall be combined for purposes of determining the
30 fee under this subsection.
31 (1) If more than 150,000 cubic yards of
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1 non-hazardous solid waste is permanently disposed of at a
2 site in a calendar year, the owner or operator shall
3 either pay a fee of 45 cents per cubic yard (60¢ per
4 cubic yard from January 1, 1989 through December 31,
5 1993), or alternatively the owner or operator may weigh
6 the quantity of the solid waste permanently disposed of
7 with a device for which certification has been obtained
8 under the Weights and Measures Act and pay a fee of 95
9 cents per ton ($1.27 per ton from January 1, 1989 through
10 December 31, 1993) of solid waste permanently disposed
11 of. An owner or operator that is subject to any fee, tax,
12 or surcharge imposed under the authority of subsection
13 (j) of this Section on September 26, 1991, with respect
14 to fees due to the Agency under this paragraph after
15 December 31, 1991 and before January 1, 1994, shall
16 deduct from the amount paid to the Agency the amount by
17 which the fee paid under subsection (j) exceeds 45 cents
18 per cubic yard or 95 cents per ton. In no case shall the
19 fee collected or paid by the owner or operator under this
20 paragraph exceed $1.05 per cubic yard or $2.22 per ton.
21 (2) If more than 100,000 cubic yards, but not more
22 than 150,000 cubic yards of non-hazardous waste is
23 permanently disposed of at a site in a calendar year, the
24 owner or operator shall pay a fee of $25,000 ($33,350 in
25 1989, 1990 and 1991).
26 (3) If more than 50,000 cubic yards, but not more
27 than 100,000 cubic yards of non-hazardous solid waste is
28 permanently disposed of at a site in a calendar year, the
29 owner or operator shall pay a fee of $11,300 ($15,500 in
30 1989, 1990 and 1991).
31 (4) If more than 10,000 cubic yards, but not more
32 than 50,000 cubic yards of non-hazardous solid waste is
33 permanently disposed of at a site in a calendar year, the
34 owner or operator shall pay a fee of $3,450 ($4,650 in
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1 1989, 1990 and 1991).
2 (5) If not more than 10,000 cubic yards of
3 non-hazardous solid waste is permanently disposed of at a
4 site in a calendar year, the owner or operator shall pay
5 a fee of $500 ($650 in 1989, 1990 and 1991).
6 (c) From January 1, 1987 through December 31, 1988, the
7 fee set forth in this Section shall not apply to:
8 (1) Solid waste which is hazardous waste;
9 (2) Any landfill which is permitted by the Agency
10 to receive only demolition or construction debris or
11 landscape waste; or
12 (3) The following wastes:
13 (A) Foundry sand;
14 (B) Coal combustion by-product, including
15 scrubber waste and fluidized bed boiler waste which
16 does not contain metal cleaning waste;
17 (C) Slag from the manufacture of iron and
18 steel;
19 (D) Pollution Control Waste;
20 (E) Wastes from recycling, reclamation or
21 reuse processes designed to remove any contaminant
22 from wastes so as to render such wastes reusable,
23 provided that the process renders at least 50% of
24 the waste reusable;
25 (F) Non-hazardous solid waste that is received
26 at a sanitary landfill after January 1, 1987 and
27 recycled through a process permitted by the Agency.
28 (d) The Agency shall establish rules relating to the
29 collection of the fees authorized by this Section. Such
30 rules shall include, but not be limited to:
31 (1) necessary records identifying the quantities of
32 solid waste received or disposed;
33 (2) the form and submission of reports to accompany
34 the payment of fees to the Agency;
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1 (3) the time and manner of payment of fees to the
2 Agency, which payments shall not be more often than
3 quarterly; and
4 (4) procedures setting forth criteria establishing
5 when an owner or operator may measure by weight or volume
6 during any given quarter or other fee payment period.
7 (e) Pursuant to appropriation, all monies in the Solid
8 Waste Management Fund shall be used by the Agency and the
9 Department of Commerce and Community Affairs for the purposes
10 set forth in this Section and in the Illinois Solid Waste
11 Management Act, including for the costs of fee collection and
12 administration, and through June 30, 1989, by the University
13 of Illinois for research consistent with the Illinois Solid
14 Waste Management Act.
15 (f) The Agency is authorized to enter into such
16 agreements and to promulgate such rules as are necessary to
17 carry out its duties under this Section and the Illinois
18 Solid Waste Management Act.
19 (g) On the first day of January, April, July, and
20 October of each year, beginning on July 1, 1996, the State
21 Comptroller and Treasurer shall transfer $500,000 from the
22 Solid Waste Management Fund to the Hazardous Waste Fund.
23 Moneys transferred under this subsection (g) shall be used
24 only for the purposes set forth in item (1) of subsection (d)
25 of Section 22.2. of Commerce and Community Affairs of
26 Commerce and Community Affairs
27 (h) The Agency is authorized to provide financial
28 assistance to units of local government for the performance
29 of inspecting, investigating and enforcement activities
30 pursuant to Section 4(r) at nonhazardous solid waste disposal
31 sites.
32 (i) The Agency is authorized to support the operations
33 of an industrial materials exchange service, and to conduct
34 household waste collection and disposal programs.
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1 (j) A unit of local government, as defined in the Local
2 Solid Waste Disposal Act, in which a solid waste transfer
3 station or disposal facility is located may establish a fee,
4 tax, or surcharge with regard to the transfer or permanent
5 disposal of solid waste. The fee, tax, or surcharge may, to
6 be utilized for solid waste management purposes, including
7 long-term monitoring and maintenance of landfills, planning,
8 implementation, inspection, enforcement and other activities
9 consistent with the Solid Waste Management Act and the Local
10 Solid Waste Disposal Act or for any other governmental
11 purpose. However, the total fee, tax, or surcharge imposed by
12 all units of local government under this subsection (j) upon
13 the solid waste transfer station or disposal facility shall
14 not exceed:
15 (1) 45¢ per cubic yard (60¢ per cubic yard
16 beginning January 1, 1992) if more than 150,000 cubic
17 yards of non-hazardous solid waste is transferred from
18 the transfer station or permanently disposed of at the
19 site in a calendar year, unless the owner or operator
20 weighs the quantity of the solid waste received with a
21 device for which certification has been obtained under
22 the Weights and Measures Act, in which case the fee shall
23 not exceed 95¢ per ton ($1.27 per ton beginning January
24 1, 1992) of solid waste transferred or permanently
25 disposed of.
26 (2) $25,000 ($33,350 beginning in 1992) if more
27 than 100,000 cubic yards, but not more than 150,000 cubic
28 yards, of non-hazardous waste is transferred from or
29 permanently disposed of at the site in a calendar year.
30 (3) $11,300 ($15,500 beginning in 1992) if more
31 than 50,000 cubic yards, but not more than 100,000 cubic
32 yards, of non-hazardous solid waste is transferred from
33 or permanently disposed of at the site in a calendar
34 year.
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1 (4) $3,450 ($4,650 beginning in 1992) if more than
2 10,000 cubic yards, but not more than 50,000 cubic yards,
3 of non-hazardous solid waste is transferred from or
4 permanently disposed of at the site in a calendar year.
5 (5) $500 ($650 beginning in 1992) if not more than
6 10,000 cubic yards of non-hazardous solid waste is
7 transferred from or permanently disposed of at the site
8 in a calendar year.
9 The fee authorized in this subsection on the transfer of
10 waste may only be imposed on the transfer of waste from a
11 transfer station to a landfill located in Illinois for
12 disposal or to an incinerator located in Illinois for
13 processing and combustion. If the disposal of waste at the
14 landfill or the processing and combustion of waste at the
15 incinerator is subject to a fee imposed by a unit of local
16 government under this subsection, the maximum fee authorized
17 on the transfer of waste to that landfill or incinerator may
18 not exceed 48% of the fees authorized in this subsection.
19 Intergovernmental agreements may be established between
20 units of local government for the purpose of sharing the
21 revenue collected under this subsection. Under those
22 agreements, the fee, tax, or surcharge imposed by a unit of
23 local government on the transfer of waste may exceed 48% of
24 the total fees authorized in this subsection.
25 The corporate authorities of the unit of local government
26 may use proceeds from the fee, tax, or surcharge to reimburse
27 a highway commissioner whose road district lies wholly or
28 partially within the corporate limits of the unit of local
29 government for expenses incurred in the removal of
30 nonhazardous, nonfluid municipal waste that has been dumped
31 on public property in violation of a State law or local
32 ordinance.
33 A county or Municipal Joint Action Agency that imposes a
34 fee, tax, or surcharge under this subsection may use the
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1 proceeds thereof to reimburse a municipality that lies wholly
2 or partially within its boundaries for expenses incurred in
3 the removal of nonhazardous, nonfluid municipal waste that
4 has been dumped on public property in violation of a State
5 law or local ordinance.
6 If the fees are to be used to conduct a local sanitary
7 landfill inspection or enforcement program, the unit of local
8 government must enter into a written delegation agreement
9 with the Agency pursuant to subsection (r) of Section 4. The
10 unit of local government and the Agency shall enter into such
11 a written delegation agreement within 60 days after the
12 establishment of such fees or August 23, 1988, whichever is
13 later. For the year commencing January 1, 1989, and at least
14 annually thereafter, the Agency shall conduct an audit of the
15 expenditures made by units of local government from the funds
16 granted by the Agency to the units of local government for
17 purposes of local sanitary landfill inspection and
18 enforcement programs, to ensure that the funds have been
19 expended for the prescribed purposes under the grant.
20 The fees, taxes or surcharges collected under this
21 subsection (j) shall be placed by the unit of local
22 government in a separate fund, and the interest received on
23 the moneys in the fund shall be credited to the fund. The
24 monies in the fund may be accumulated over a period of years
25 to be expended in accordance with this subsection.
26 A unit of local government, as defined in the Local Solid
27 Waste Disposal Act, shall prepare and distribute to the
28 Agency, in April of each year, a report that details spending
29 plans for monies collected in accordance with this
30 subsection. The report will at a minimum include the
31 following:
32 (1) The total monies collected pursuant to this
33 subsection.
34 (2) The most current balance of monies collected
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1 pursuant to this subsection.
2 (3) An itemized accounting of all monies expended
3 for the previous year pursuant to this subsection.
4 (4) An estimation of monies to be collected for the
5 following 3 years pursuant to this subsection.
6 (5) A narrative detailing the general direction and
7 scope of future expenditures for one, 2 and 3 years.
8 The exemptions granted under Sections 22.16 and 22.16a,
9 and under subsections (c) and (k) of this Section, shall be
10 applicable to any fee, tax or surcharge imposed under this
11 subsection (j); except that the fee, tax or surcharge
12 authorized to be imposed under this subsection (j) may be
13 made applicable by a unit of local government to the
14 permanent disposal of solid waste after December 31, 1986,
15 under any contract lawfully executed before June 1, 1986
16 under which more than 150,000 cubic yards (or 50,000 tons) of
17 solid waste is to be permanently disposed of, even though the
18 waste is exempt from the fee imposed by the State under
19 subsection (b) of this Section pursuant to an exemption
20 granted under Section 22.16.
21 (k) In accordance with the findings and purposes of the
22 Illinois Solid Waste Management Act, beginning January 1,
23 1989 the fee under subsection (b) and the fee, tax or
24 surcharge under subsection (j) shall not apply to:
25 (1) Waste which is hazardous waste; or
26 (2) Waste which is pollution control waste; or
27 (3) Waste from recycling, reclamation or reuse
28 processes which have been approved by the Agency as being
29 designed to remove any contaminant from wastes so as to
30 render such wastes reusable, provided that the process
31 renders at least 50% of the waste reusable; or
32 (4) Non-hazardous solid waste that is received at a
33 sanitary landfill and composted or recycled through a
34 process permitted by the Agency; or
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1 (5) Any transfer station or landfill which is
2 permitted by the Agency to receive only demolition or
3 construction debris or landscape waste.
4 (Source: P.A. 88-474; 89-93, eff. 7-6-95; 89-443, eff.
5 7-1-96; 89-445, eff. 2-7-96; revised 3-19-96.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.