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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | ||||||||||||||||||||||||||
5 | changing Section 22.15 as follows:
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6 | (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
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7 | Sec. 22.15. Solid Waste Management Fund; fees.
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8 | (a) There is hereby created within the State Treasury a
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9 | special fund to be known as the "Solid Waste Management Fund", | ||||||||||||||||||||||||||
10 | to be
constituted from the fees collected by the State pursuant | ||||||||||||||||||||||||||
11 | to this Section
and from repayments of loans made from the Fund | ||||||||||||||||||||||||||
12 | for solid waste projects.
Moneys received by the Department of | ||||||||||||||||||||||||||
13 | Commerce and Economic Opportunity
in repayment of loans made | ||||||||||||||||||||||||||
14 | pursuant to the Illinois Solid Waste Management
Act shall be | ||||||||||||||||||||||||||
15 | deposited into the General Revenue Fund.
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16 | (b) The Agency shall assess and collect a
fee in the amount | ||||||||||||||||||||||||||
17 | set forth herein from the owner or operator of each sanitary
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18 | landfill permitted or required to be permitted by the Agency to | ||||||||||||||||||||||||||
19 | dispose of
solid waste if the sanitary landfill is located off | ||||||||||||||||||||||||||
20 | the site where such waste
was produced and if such sanitary | ||||||||||||||||||||||||||
21 | landfill is owned, controlled, and operated
by a person other | ||||||||||||||||||||||||||
22 | than the generator of such waste. The Agency shall deposit
all | ||||||||||||||||||||||||||
23 | fees collected into the Solid Waste Management Fund. If a site |
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1 | is
contiguous to one or more landfills owned or operated by the | ||||||
2 | same person, the
volumes permanently disposed of by each | ||||||
3 | landfill shall be combined for purposes
of determining the fee | ||||||
4 | under this subsection.
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5 | (1) If more than 150,000 cubic yards of non-hazardous | ||||||
6 | solid waste is
permanently disposed of at a site in a | ||||||
7 | calendar year, the owner or operator
shall either pay a fee | ||||||
8 | of 95 cents per cubic yard or,
alternatively, the owner or | ||||||
9 | operator may weigh the quantity of the solid waste
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10 | permanently disposed of with a device for which | ||||||
11 | certification has been obtained
under the Weights and | ||||||
12 | Measures Act and pay a fee of $2.00 per
ton of solid waste | ||||||
13 | permanently disposed of. In no case shall the fee collected
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14 | or paid by the owner or operator under this paragraph | ||||||
15 | exceed $1.55 per cubic yard or $3.27 per ton.
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16 | (2) If more than 100,000 cubic yards but not more than | ||||||
17 | 150,000 cubic
yards of non-hazardous waste is permanently | ||||||
18 | disposed of at a site in a calendar
year, the owner or | ||||||
19 | operator shall pay a fee of $52,630.
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20 | (3) If more than 50,000 cubic yards but not more than | ||||||
21 | 100,000 cubic
yards of non-hazardous solid waste is | ||||||
22 | permanently disposed of at a site
in a calendar year, the | ||||||
23 | owner or operator shall pay a fee of $23,790.
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24 | (4) If more than 10,000 cubic yards but not more than | ||||||
25 | 50,000 cubic
yards of non-hazardous solid waste is | ||||||
26 | permanently disposed of at a site
in a calendar year, the |
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1 | owner or operator shall pay a fee of $7,260.
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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 a | ||||||
5 | fee of $1050.
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6 | (c) (Blank.)
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7 | (d) The Agency shall establish rules relating to the | ||||||
8 | collection of the
fees authorized by this Section. Such rules | ||||||
9 | shall include, but not be
limited to:
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10 | (1) necessary records identifying the quantities of | ||||||
11 | solid waste received
or disposed;
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12 | (2) the form and submission of reports to accompany the | ||||||
13 | payment of fees
to the Agency;
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14 | (3) the time and manner of payment of fees to the | ||||||
15 | Agency, which payments
shall not be more often than | ||||||
16 | quarterly; and
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17 | (4) procedures setting forth criteria establishing | ||||||
18 | when an owner or
operator may measure by weight or volume | ||||||
19 | during any given quarter or other
fee payment period.
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20 | (e) Pursuant to appropriation, all monies in the Solid | ||||||
21 | Waste Management
Fund shall be used by the Agency and the | ||||||
22 | Department of Commerce and Economic Opportunity for the | ||||||
23 | purposes set forth in this Section and in the Illinois
Solid | ||||||
24 | Waste Management Act, including for the costs of fee collection | ||||||
25 | and
administration.
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26 | (f) The Agency is authorized to enter into such agreements |
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1 | and to
promulgate such rules as are necessary to carry out its | ||||||
2 | duties under this
Section and the Illinois Solid Waste | ||||||
3 | Management Act.
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4 | (g) On the first day of January, April, July, and October | ||||||
5 | of each year,
beginning on July 1, 1996, the State Comptroller | ||||||
6 | and Treasurer shall
transfer $500,000 from the Solid Waste | ||||||
7 | Management Fund to the Hazardous Waste
Fund. Moneys transferred | ||||||
8 | under this subsection (g) shall be used only for the
purposes | ||||||
9 | set forth in item (1) of subsection (d) of Section 22.2.
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10 | (h) The Agency is authorized to provide financial | ||||||
11 | assistance to units of
local government for the performance of | ||||||
12 | inspecting, investigating and
enforcement activities pursuant | ||||||
13 | to Section 4(r) at nonhazardous solid
waste disposal sites.
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14 | (i) The Agency is authorized to support the operations of | ||||||
15 | an industrial
materials exchange service, and to conduct | ||||||
16 | household waste collection and
disposal programs.
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17 | (j) A unit of local government, as defined in the Local | ||||||
18 | Solid Waste Disposal
Act, in which a solid waste disposal | ||||||
19 | facility is located may establish a fee,
tax, or surcharge with | ||||||
20 | regard to the permanent disposal of solid waste.
All fees, | ||||||
21 | taxes, and surcharges collected under this subsection shall be
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22 | utilized for solid waste management purposes, including | ||||||
23 | long-term monitoring
and maintenance of landfills, planning, | ||||||
24 | implementation, inspection, enforcement
and other activities | ||||||
25 | consistent with the Solid Waste Management Act and the
Local | ||||||
26 | Solid Waste Disposal Act, for the maintenance of township |
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1 | highways located one mile or less from a solid waste disposal | ||||||
2 | facility, or for any other environment-related purpose,
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3 | including but not limited to an environment-related public | ||||||
4 | works project, but
not for the construction of a new pollution | ||||||
5 | control facility other than a
household hazardous waste | ||||||
6 | facility. However, the total fee, tax or surcharge
imposed by | ||||||
7 | all units of local government under this subsection (j) upon | ||||||
8 | the
solid waste disposal facility shall not exceed:
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9 | (1) 60ยข per cubic yard if more than 150,000 cubic yards | ||||||
10 | of non-hazardous
solid waste is permanently disposed of at | ||||||
11 | the site in a calendar year, unless
the owner or operator | ||||||
12 | weighs the quantity of the solid waste received with a
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13 | device for which certification has been obtained under the | ||||||
14 | Weights and Measures
Act, in which case the fee shall not | ||||||
15 | exceed $1.27 per ton of solid waste
permanently disposed | ||||||
16 | of.
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17 | (2) $33,350 if more than 100,000
cubic yards, but not | ||||||
18 | more than 150,000 cubic yards, of non-hazardous waste
is | ||||||
19 | permanently disposed of at the site in a calendar year.
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20 | (3) $15,500 if more than 50,000 cubic
yards, but not | ||||||
21 | more than 100,000 cubic yards, of non-hazardous solid waste | ||||||
22 | is
permanently disposed of at the site in a calendar year.
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23 | (4) $4,650 if more than 10,000 cubic
yards, but not | ||||||
24 | more than 50,000 cubic yards, of non-hazardous solid waste
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25 | is permanently disposed of at the site in a calendar year.
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26 | (5) $$650 if not more than 10,000 cubic
yards of |
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1 | non-hazardous solid waste is permanently disposed of at the | ||||||
2 | site in
a calendar year.
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3 | The corporate authorities of the unit of local government
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4 | may use proceeds from the fee, tax, or surcharge to reimburse a | ||||||
5 | highway
commissioner whose road district lies wholly or | ||||||
6 | partially within the
corporate limits of the unit of local | ||||||
7 | government for expenses incurred in
the removal of | ||||||
8 | nonhazardous, nonfluid municipal waste that has been dumped
on | ||||||
9 | public property in violation of a State law or local ordinance.
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10 | A county or Municipal Joint Action Agency that imposes a | ||||||
11 | fee, tax, or
surcharge under this subsection may use the | ||||||
12 | proceeds thereof to reimburse a
municipality that lies wholly | ||||||
13 | or partially within its boundaries for expenses
incurred in the | ||||||
14 | removal of nonhazardous, nonfluid municipal waste that has been
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15 | dumped on public property in violation of a State law or local | ||||||
16 | ordinance.
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17 | If the fees are to be used to conduct a local sanitary | ||||||
18 | landfill
inspection or enforcement program, the unit of local | ||||||
19 | government must enter
into a written delegation agreement with | ||||||
20 | the Agency pursuant to subsection
(r) of Section 4. The unit of | ||||||
21 | local government and the Agency shall enter
into such a written | ||||||
22 | delegation agreement within 60 days after the
establishment of | ||||||
23 | such fees. At least annually,
the Agency shall conduct an audit | ||||||
24 | of the expenditures made by units of local
government from the | ||||||
25 | funds granted by the Agency to the units of local
government | ||||||
26 | for purposes of local sanitary landfill inspection and |
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1 | enforcement
programs, to ensure that the funds have been | ||||||
2 | expended for the prescribed
purposes under the grant.
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3 | The fees, taxes or surcharges collected under this | ||||||
4 | subsection (j) shall
be placed by the unit of local government | ||||||
5 | in a separate fund, and the
interest received on the moneys in | ||||||
6 | the fund shall be credited to the fund. The
monies in the fund | ||||||
7 | may be accumulated over a period of years to be
expended in | ||||||
8 | accordance with this subsection.
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9 | A unit of local government, as defined in the Local Solid | ||||||
10 | Waste Disposal
Act, shall prepare and distribute to the Agency, | ||||||
11 | in April of each year, a
report that details spending plans for | ||||||
12 | monies collected in accordance with
this subsection. The report | ||||||
13 | will at a minimum include the following:
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14 | (1) The total monies collected pursuant to this | ||||||
15 | subsection.
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16 | (2) The most current balance of monies collected | ||||||
17 | pursuant to this
subsection.
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18 | (3) An itemized accounting of all monies expended for | ||||||
19 | the previous year
pursuant to this subsection.
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20 | (4) An estimation of monies to be collected for the | ||||||
21 | following 3
years pursuant to this subsection.
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22 | (5) A narrative detailing the general direction and | ||||||
23 | scope of future
expenditures for one, 2 and 3 years.
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24 | The exemptions granted under Sections 22.16 and 22.16a, and | ||||||
25 | under
subsections (c) and (k) of this Section, shall be | ||||||
26 | applicable to any fee,
tax or surcharge imposed under this |
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1 | subsection (j); except that the fee,
tax or surcharge | ||||||
2 | authorized to be imposed under this subsection (j) may be
made | ||||||
3 | applicable by a unit of local government to the permanent | ||||||
4 | disposal of
solid waste after December 31, 1986, under any | ||||||
5 | contract lawfully executed
before June 1, 1986 under which more | ||||||
6 | than 150,000 cubic yards (or 50,000 tons)
of solid waste is to | ||||||
7 | be permanently disposed of, even though the waste is
exempt | ||||||
8 | from the fee imposed by the State under subsection (b) of this | ||||||
9 | Section
pursuant to an exemption granted under Section 22.16.
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10 | (j-5) If a county imposes a fee, tax, or surcharge on a | ||||||
11 | solid waste disposal facility under subsection (j) of this | ||||||
12 | Section and if a township highway is located within one mile of | ||||||
13 | that facility, then the corporate authorities of the county in | ||||||
14 | which the facility is located must, on an annual basis and from | ||||||
15 | revenues generated under subsection (j), reimburse each | ||||||
16 | township that maintains a portion of highway within one mile of | ||||||
17 | the facility for costs the township has incurred in maintaining | ||||||
18 | that portion of highway. A county's annual liability to | ||||||
19 | townships under this subsection (j-5) must not exceed 20% of | ||||||
20 | the amount that it has reported to the Agency as total monies | ||||||
21 | collected under subsection (j) for that year. | ||||||
22 | (k) In accordance with the findings and purposes of the | ||||||
23 | Illinois Solid
Waste Management Act, beginning January 1, 1989 | ||||||
24 | the fee under subsection
(b) and the fee, tax or surcharge | ||||||
25 | under subsection (j) shall not apply to:
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26 | (1) Waste which is hazardous waste; or
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1 | (2) Waste which is pollution control waste; or
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2 | (3) Waste from recycling, reclamation or reuse | ||||||
3 | processes which have been
approved by the Agency as being | ||||||
4 | designed to remove any contaminant from
wastes so as to | ||||||
5 | render such wastes reusable, provided that the process
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6 | renders at least 50% of the waste reusable; or
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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; or
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10 | (5) Any landfill which is permitted by the Agency to | ||||||
11 | receive only
demolition or construction debris or | ||||||
12 | landscape waste.
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13 | (Source: P.A. 93-32, eff. 7-1-03; 94-91, eff. 7-1-05.)
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14 | Section 90. The State Mandates Act is amended by adding | ||||||
15 | Section 8.33 as follows: | ||||||
16 | (30 ILCS 805/8.33 new) | ||||||
17 | Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
18 | of this Act, no reimbursement by the State is required for the | ||||||
19 | implementation of any mandate created by this amendatory Act of | ||||||
20 | the 96th General Assembly.
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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