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90_SB0573
415 ILCS 15/3 from Ch. 85, par. 5953
415 ILCS 15/6 from Ch. 85, par. 5956
Amends the Solid Waste Planning and Recycling Act to
redefine "municipal waste". Revises the method for
determining the recycling rate under a county waste
management plan.
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LRB9001842DPcc
1 AN ACT to amend the Solid Waste Planning and Recycling
2 Act to change Sections 3 and 6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Solid Waste Planning and Recycling Act is
6 amended by changing Sections 3 and 6 as follows:
7 (415 ILCS 15/3) (from Ch. 85, par. 5953)
8 Sec. 3. Definitions. As used in this Act, unless the
9 context clearly indicates otherwise:
10 "Agency" means the Illinois Environmental Protection
11 Agency.
12 "Composting" means the biological process by which
13 microorganisms decompose the organic fraction of waste,
14 producing a humus-like material that may be used as a soil
15 conditioner.
16 "County" means any county of the State and includes the
17 City of Chicago.
18 "Department" means the Department of Commerce and
19 Community Affairs.
20 "Municipal waste" means: discarded garbage; general
21 household waste; institutional waste; commercial waste;
22 industrial lunchroom or office waste; uncontaminated
23 packaging waste; discarded landscape waste; construction and
24 demolition waste from buildings and roads that is not clean
25 construction and demolition debris; abandoned or discarded
26 household or commercial appliances and appliance components;
27 waste parts from motor vehicles normally removed as a part of
28 regular maintenance, which include but are not limited to
29 tires and batteries; and wastes collected at a household
30 hazardous waste collection facility or other waste component
31 collection facility for the purpose of recycling or disposing
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1 of the collected waste components. "Municipal waste" shall
2 not include: special waste; earth materials moved or removed
3 during demolition or construction; clean construction or
4 demolition debris; abandoned or scrap motor vehicles; scrap
5 metal, plastics or other materials from industrial
6 operations, which include but are not limited to machining,
7 lathe work, or tool and die operations; commercial,
8 institutional or industrial machinery or equipment; surplus
9 or donated, usable or reusable, clothing or commodities given
10 to any private, public, not-for-profit or charitable
11 organizations; or surplus or donated food contributed for
12 human consumption garbage, general household, institutional
13 and commercial waste, industrial lunchroom or office waste,
14 landscape waste, and construction and demolition debris.
15 "Person" means any individual, partnership, cooperative
16 enterprise, unit of local government, institution,
17 corporation or agency, or any other legal entity whatsoever
18 which is recognized by law as the subject of rights and
19 duties.
20 "Recycling, reclamation or reuse" means a method,
21 technique or process designed to remove any contaminant from
22 waste so as to render the waste reusable, or any process by
23 which materials that would otherwise be disposed of or
24 discarded are collected, separated or processed and returned
25 to the economic mainstream in the form of raw materials or
26 products.
27 "Recycling center" means a facility that accepts only
28 segregated, nonhazardous, nonspecial, homogeneous,
29 nonputrescible materials, such as dry paper, glass, cans or
30 plastics, for subsequent use in the secondary materials
31 market.
32 (Source: P.A. 89-445, eff. 2-7-96.)
33 (415 ILCS 15/6) (from Ch. 85, par. 5956)
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1 Sec. 6. Recycling programs. Each county waste management
2 plan adopted under Section 4 shall include a recycling
3 program. Such recycling program:
4 (1) Shall be implemented throughout the county and
5 include a time schedule for implementation of the program.
6 (2) Shall provide for the designation of a recycling
7 coordinator to administer the program.
8 (3) Shall be designed to recycle, by the end of the
9 third and fifth years of the program, respectively 15% and
10 25% of the municipal waste generated in the county, subject
11 to the existence of a viable market for the recycled
12 material, based on measurements of recycling and waste
13 generated in terms of weight. The determination of the
14 municipal waste generation rate and the municipal waste
15 recycling rate shall not include only materials within the
16 definition of material waste: discarded motor vehicles,
17 wastes used for clean fill or erosion control or commercial,
18 institutional or industrial machinery or equipment. The
19 determination of the quantities of materials recycled shall
20 include but not be limited to: municipal waste that is
21 separated, collected, and processed and returned to the
22 economic mainstream in the form of raw materials or products;
23 landscape or other municipal waste that is separated,
24 collected, and composted at permitted facilities; landscape
25 or other municipal waste that is collected and applied
26 directly to agricultural land at agronomic rates as a soil
27 conditioner, fertilizer, or mulch; landscape or other
28 municipal waste used to enhance fish or wildlife habitat;
29 construction or demolition debris used for building
30 construction purposes or as road bed or road surface
31 materials; waste separated and processed for use as animal
32 feed; wastes such as cooking grease that are processed at a
33 rendering facility for return to the economic mainstream, and
34 metals recovered from processing municipal waste including
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1 major appliances. The determination of the quantities of
2 materials recycled shall not include: waste incinerated for
3 energy recovery or volume reduction; waste used to produce a
4 refuse derived fuel; wastes used for clean fill or erosion
5 control; or waste separated for use as landfill cover.
6 (4) May provide for the construction and operation of
7 one or more recycling centers by a unit of local government,
8 or for contracting with other public or private entities for
9 the operation of recycling centers.
10 (5) May require residents of the county to separate
11 recyclable materials at the time of disposal or trash
12 pick-up.
13 (6) May make special provision for commercial and
14 institutional establishments that implement their own
15 specialized recycling programs, provided that such
16 establishments annually provide written documentation to the
17 county of the total number of tons of material recycled.
18 (7) Shall provide for separate collection and composting
19 of leaves.
20 (8) Shall include public education and notification
21 programs to foster understanding of and encourage compliance
22 with the recycling program.
23 (9) Shall include provisions for compliance, including
24 incentives and penalties.
25 (10) Shall include provisions for (i) recycling the
26 collected materials, (ii) identifying potential markets for
27 at least 3 recyclable materials, and (iii) promoting the use
28 of products made from recovered or recycled materials among
29 businesses, newspapers and local governments in the county.
30 (11) May provide for the payment of recycling diversion
31 credits to public and private parties engaged in recycling
32 activities.
33 (Source: P.A. 86-777; 87-650.)