HB0653 EngrossedLRB102 10973 CPF 16305 b


  
1    AN ACT concerning safety.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 5. The Environmental Protection Act is amended  by 
5changing Section 22.51b as follows:
 
6    (415 ILCS 5/22.51b)
7    Sec. 22.51b. Fees for permitted facilities accepting clean 
8construction or demolition debris or uncontaminated soil.
9    (a) The Agency shall assess and collect a fee from the 
10owner or operator of each clean construction or demolition 
11debris fill operation that is permitted or required to be 
12permitted by the Agency. The fee assessed and collected under 
13this subsection shall be 28 20 cents per cubic yard of clean 
14construction or demolition debris or uncontaminated soil 
15accepted by the clean construction or demolition debris fill 
16operation, or, alternatively, the owner or operator may weigh 
17the quantity of the clean construction or demolition debris or 
18uncontaminated soil with a device for which certification has 
19been obtained under the Weights and Measures Act and pay a fee 
20of 20 14 cents per ton of clean construction or demolition 
21debris or uncontaminated soil. The fee shall apply to 
22construction or demolition debris or uncontaminated soil if 
23(i) the clean construction or demolition debris fill operation 
 
 
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1is located off the site where the clean construction or 
2demolition debris or uncontaminated soil was generated and 
3(ii) the clean construction or demolition debris fill 
4operation is owned, controlled, and operated by a person other 
5than the generator of the clean construction or demolition 
6debris or uncontaminated soil.
7    (b) The Agency shall establish rules relating to the 
8collection of the fees authorized by subsection (a) of this 
9Section. These rules shall include, but are not limited to, 
10the 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 
20to any other fees collected under any other Section.
21    (d) The Agency shall not refund any fee paid to it under 
22this Section.
23    (e) The Agency shall deposit all fees collected under this 
24subsection into the Environmental Protection Permit and 
25Inspection Fund. Pursuant to appropriation, all moneys 
26collected under this Section shall be used by the Agency for 
 
 
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1the implementation of this Section and for permit and 
2inspection activities.
3    (f) A unit of local government, as defined in the Local 
4Solid Waste Disposal Act, in which a clean construction or 
5demolition debris fill operation is located and which has 
6entered into a delegation agreement with the Agency pursuant 
7to subsection (r) of Section 4 of this Act for inspection, 
8investigation, or enforcement functions related to clean 
9construction or demolition debris fill operations may 
10establish a fee, tax, or surcharge with regard to clean 
11construction or demolition debris or uncontaminated soil 
12accepted by clean construction or demolition debris fill 
13operations. All fees, taxes, and surcharges collected under 
14this subsection shall be used for inspection, investigation, 
15and enforcement functions performed by the unit of local 
16government pursuant to the delegation agreement with the 
17Agency and for environmental safety purposes. Fees, taxes, and 
18surcharges established under this subsection (f) shall not 
19exceed a total of 20 10 cents per cubic yard of clean 
20construction or demolition debris or uncontaminated soil 
21accepted by the clean construction or demolition debris fill 
22operation, unless the owner or operator weighs the quantity of 
23the clean construction or demolition debris or uncontaminated 
24soil with a device for which certification has been obtained 
25under the Weights and Measures Act, in which case the fee shall 
26not exceed 14 7 cents per ton of clean construction or 
 
 
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1demolition 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.)