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90_SB1461
415 ILCS 15/3 from Ch. 85, par. 5953
415 ILCS 15/5.5 new
415 ILCS 15/6 from Ch. 85, par. 5956
Amends the Solid Waste Planning and Recycling Act.
Redefines "municipal waste". Revises the method for
determining the recycling rate under a county waste
management plan. Creates the Measurement and Reporting
Standards Task Force to assess impediments to standardized
solid waste measurement and to consider standardized
reporting rate measurements. Provides that landfills,
transfer stations, recycling centers, and transporters of
hazardous waste shall not be required to report to a county
quantities of municipal waste according to categories set
forth in the definition of "municipal waste".
LRB9011521LDdv
LRB9011521LDdv
1 AN ACT to amend the Solid Waste Planning and Recycling
2 Act by changing Sections 3 and 6 and adding Section 5.5.
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 and adding Section 5.5
7 as follows:
8 (415 ILCS 15/3) (from Ch. 85, par. 5953)
9 Sec. 3. Definitions. As used in this Act, unless the
10 context clearly indicates otherwise:
11 "Agency" means the Illinois Environmental Protection
12 Agency.
13 "Composting" means the biological process by which
14 microorganisms decompose the organic fraction of waste,
15 producing a humus-like material that may be used as a soil
16 conditioner.
17 "County" means any county of the State and includes the
18 City of Chicago.
19 "Department" means the Department of Commerce and
20 Community Affairs.
21 "Municipal waste" means: discarded garbage; general
22 household waste; institutional waste; commercial waste;
23 industrial lunchroom or office waste; uncontaminated
24 packaging waste; discarded landscape waste; construction and
25 demolition waste from buildings and roads that is not clean
26 construction and demolition debris; abandoned or discarded
27 household or commercial appliances and appliance components;
28 waste parts from motor vehicles normally removed as a part of
29 regular maintenance, which include but are not limited to
30 tires and batteries; and wastes collected at a household
31 hazardous waste collection facility or other waste component
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1 collection facility for the purpose of recycling or disposing
2 of the collected waste components. "Municipal waste" shall
3 not include: special waste; earth materials moved or removed
4 during demolition or construction; clean construction or
5 demolition debris; abandoned or scrap motor vehicles; scrap
6 metal, plastics, or other materials from industrial
7 operations, which include but are not limited to machining,
8 lathe work, or tool and die operations; commercial,
9 institutional or industrial machinery or equipment; surplus
10 or donated, usable or reusable, clothing or commodities given
11 to any private, public, not-for-profit, or charitable
12 organizations; or surplus or donated food contributed for
13 human consumption garbage, general household, institutional
14 and commercial waste, industrial lunchroom or office waste,
15 landscape waste, and construction and demolition debris.
16 "Person" means any individual, partnership, cooperative
17 enterprise, unit of local government, institution,
18 corporation or agency, or any other legal entity whatsoever
19 which is recognized by law as the subject of rights and
20 duties.
21 "Recycling, reclamation or reuse" means a method,
22 technique or process designed to remove any contaminant from
23 waste so as to render the waste reusable, or any process by
24 which materials that would otherwise be disposed of or
25 discarded are collected, separated or processed and returned
26 to the economic mainstream in the form of raw materials or
27 products.
28 "Recycling center" means a facility that accepts only
29 segregated, nonhazardous, nonspecial, homogeneous,
30 nonputrescible materials, such as dry paper, glass, cans or
31 plastics, for subsequent use in the secondary materials
32 market.
33 (Source: P.A. 89-445, eff. 2-7-96.)
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1 (415 ILCS 15/5.5 new)
2 Sec. 5.5. Measurement and Reporting Standards Task Force.
3 (a) There is established a Measurement and Reporting
4 Standards Task Force. The Task Force shall be composed of the
5 Director of the Agency and the Director of the Department, or
6 their designees, and 10 public members appointed by the
7 Governor, including 2 persons representing environmental
8 interests, 2 persons representing industrial and commercial
9 interests, one person representing the Illinois Recycling
10 Association, one person representing county government, one
11 person representing municipal government, one person
12 representing private waste haulers, one person representing
13 private recyclers, and one person representing
14 intergovernmental cooperatives. From among these members a
15 chairperson shall be selected by majority vote and shall
16 preside for the duration of the Task Force. The duration of
17 the Task Force shall not exceed one year, and the Task Force
18 shall report its findings and recommendations to the General
19 Assembly by September 30, 1999. The Task Force shall:
20 (1) Assess potential governmental and
21 nongovernmental impediments to the standardization of
22 measurement and reporting guidelines for solid waste,
23 including but limited to existing environmental
24 regulations.
25 (2) Consider recommendations for the creation of a
26 reporting format to be utilized by counties in reporting
27 to the Agency.
28 (3) Review, evaluate, and make recommendations
29 regarding definitions with relation to the measurement of
30 recycling rates.
31 (4) Define reporting requirements and determine who
32 is required to report to county agencies.
33 (b) Members of the Task Force shall be reimbursed for
34 ordinary and necessary expenses incurred in the performance
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1 of their duties, except that reimbursement shall be limited
2 to expenses associated with no more than 8 meetings per
3 calendar year.
4 (415 ILCS 15/6) (from Ch. 85, par. 5956)
5 Sec. 6. Recycling programs. Each county waste management
6 plan adopted under Section 4 shall include a recycling
7 program. Such recycling program:
8 (1) Shall be implemented throughout the county and
9 include a time schedule for implementation of the program.
10 (2) Shall provide for the designation of a recycling
11 coordinator to administer the program.
12 (3) Shall be designed to recycle, by the end of the
13 third and fifth years of the program, respectively 15% and
14 25% of the municipal waste generated in the county, subject
15 to the existence of a viable market for the recycled
16 material, based on measurements of recycling and waste
17 generated in terms of weight. The determination of the
18 municipal waste generation rate and the municipal waste
19 recycling rate shall not include only materials within the
20 definition of municipal waste: discarded motor vehicles,
21 wastes used for clean fill or erosion control or commercial,
22 institutional or industrial machinery or equipment. The
23 determination of the quantities of materials recycled shall
24 include but not be limited to: municipal waste that is
25 separated, collected, and processed and returned to the
26 economic mainstream in the form of raw materials or products;
27 landscape or other municipal waste that is separated,
28 collected, and composted at permitted facilities; landscape
29 or other municipal waste that is collected and applied
30 directly to agricultural land at agronomic rates as a soil
31 conditioner, fertilizer, or mulch; landscape or other
32 municipal waste used to enhance fish or wildlife habitat;
33 construction or demolition debris used for building
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1 construction purposes or as road bed or road surface
2 materials; waste separated and processed for use as animal
3 feed; wastes such as cooking grease that are processed at a
4 rendering facility for return to the economic mainstream, and
5 metals recovered from processing municipal waste including
6 major appliances. The determination of the quantities of
7 materials recycled shall not include: waste incinerated for
8 energy recovery or volume reduction; waste used to produce a
9 refuse derived fuel; wastes used for clean fill or erosion
10 control; or waste separated for use as landfill cover.
11 (3-5) Shall not require landfills, transfer stations,
12 recycling centers or transporters of municipal waste to
13 report to the county quantities of municipal waste according
14 to categories set forth in the definition of "municipal
15 waste".
16 (4) May provide for the construction and operation of
17 one or more recycling centers by a unit of local government,
18 or for contracting with other public or private entities for
19 the operation of recycling centers.
20 (5) May require residents of the county to separate
21 recyclable materials at the time of disposal or trash
22 pick-up.
23 (6) May make special provision for commercial and
24 institutional establishments that implement their own
25 specialized recycling programs, provided that such
26 establishments annually provide written documentation to the
27 county of the total number of tons of material recycled.
28 (7) Shall provide for separate collection and composting
29 of leaves.
30 (8) Shall include public education and notification
31 programs to foster understanding of and encourage compliance
32 with the recycling program.
33 (9) Shall include provisions for compliance, including
34 incentives and penalties.
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1 (10) Shall include provisions for (i) recycling the
2 collected materials, (ii) identifying potential markets for
3 at least 3 recyclable materials, and (iii) promoting the use
4 of products made from recovered or recycled materials among
5 businesses, newspapers and local governments in the county.
6 (11) May provide for the payment of recycling diversion
7 credits to public and private parties engaged in recycling
8 activities.
9 (Source: P.A. 86-777; 87-650.)