Sen. Emil Jones, III

Filed: 4/17/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 546

2    AMENDMENT NO. ______. Amend Senate Bill 546 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 22.44 as follows:
 
6    (415 ILCS 5/22.44)
7    Sec. 22.44. Subtitle D management fees.
8    (a) There is created within the State treasury a special
9fund to be known as the "Subtitle D Management Fund"
10constituted from the fees collected by the State under this
11Section.
12    (b) The Agency shall assess and collect a fee in the amount
13set forth in this subsection from the owner or operator of each
14sanitary landfill permitted or required to be permitted by the
15Agency to dispose of solid waste if the sanitary landfill is
16located off the site where the waste was produced and if the

 

 

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1sanitary landfill is owned, controlled, and operated by a
2person other than the generator of the waste. The Agency shall
3deposit all fees collected under this subsection into the
4Subtitle D Management Fund. If a site is contiguous to one or
5more landfills owned or operated by the same person, the
6volumes permanently disposed of by each landfill shall be
7combined for purposes of determining the fee under this
8subsection.
9        (1) If more than 150,000 cubic yards of non-hazardous
10    solid waste is permanently disposed of at a site in a
11    calendar year, the owner or operator shall either pay a fee
12    of 10.1 cents per cubic yard or, alternatively, the owner
13    or operator may weigh the quantity of the solid waste
14    permanently disposed of with a device for which
15    certification has been obtained under the Weights and
16    Measures Act and pay a fee of 22 cents per ton of waste
17    permanently disposed of.
18        (2) If more than 100,000 cubic yards, but not more than
19    150,000 cubic yards, of non-hazardous waste is permanently
20    disposed of at a site in a calendar year, the owner or
21    operator shall pay a fee of $7,020.
22        (3) If more than 50,000 cubic yards, but not more than
23    100,000 cubic yards, of non-hazardous solid waste is
24    permanently disposed of at a site in a calendar year, the
25    owner or operator shall pay a fee of $3,120.
26        (4) If more than 10,000 cubic yards, but not more than

 

 

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1    50,000 cubic yards, of non-hazardous solid waste is
2    permanently disposed of at a site in a calendar year, the
3    owner or operator shall pay a fee of $975.
4        (5) If not more than 10,000 cubic yards of
5    non-hazardous solid waste is permanently disposed of at a
6    site in a calendar year, the owner or operator shall pay a
7    fee of $210.
8    (c) The fee under subsection (b) shall not apply to any of
9the following:
10        (1) Hazardous waste.
11        (2) Pollution control waste.
12        (3) Waste from recycling, reclamation, or reuse
13    processes that have been approved by the Agency as being
14    designed to remove any contaminant from wastes so as to
15    render the wastes reusable, provided that the process
16    renders at least 50% of the waste reusable.
17        (4) Non-hazardous solid waste that is received at a
18    sanitary landfill and composted or recycled through a
19    process permitted by the Agency.
20        (5) Any landfill that is permitted by the Agency to
21    receive only demolition or construction debris or
22    landscape waste.
23    (d) The Agency shall establish rules relating to the
24collection of the fees authorized by this Section. These rules
25shall include, but not be limited to the following:
26        (1) Necessary records identifying the quantities of

 

 

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1    solid waste received or disposed.
2        (2) The form and submission of reports to accompany the
3    payment of fees to the Agency.
4        (3) The time and manner of payment of fees to the
5    Agency, which payments shall not be more often than
6    quarterly.
7        (4) Procedures setting forth criteria establishing
8    when an owner or operator may measure by weight or volume
9    during any given quarter or other fee payment period.
10    (e) Fees collected under this Section shall be in addition
11to any other fees collected under any other Section.
12    (f) The Agency shall not refund any fee paid to it under
13this Section.
14    (g) Pursuant to appropriation, all moneys in the Subtitle D
15Management Fund shall be used by the Agency to administer the
16United States Environmental Protection Agency's Subtitle D
17Program provided in Sections 4004 and 4010 of the Resource
18Conservation and Recovery Act of 1976 (P.L. 94-580) as it
19relates to a municipal solid waste landfill program in Illinois
20and to fund a delegation of inspecting, investigating, and
21enforcement functions, within the funded county or
22municipality only, pursuant to subsection (r) of Section 4 of
23this Act to a municipality having a population of more than
241,000,000 inhabitants or a county having a population of more
25than 2,000,000 inhabitants. The Agency shall execute a
26delegation agreement pursuant to subsection (r) of Section 4 of

 

 

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1this Act with a municipality having a population of more than
21,000,000 inhabitants within 90 days of September 13, 1993 and
3shall on an annual basis distribute from the Subtitle D
4Management Fund to that municipality no less than $150,000. The
5Agency shall on an annual basis distribute no less than
6$150,000 from the Subtitle D Management Fund to any county with
7a delegation agreement and with a population of over 2,000,000
8inhabitants. Pursuant to appropriation, moneys in the Subtitle
9D Management Fund may also be used by the Agency for activities
10conducted under Section 22.15a of this Act.
11(Source: P.A. 93-32, eff. 7-1-03; 94-272, eff. 7-19-05.)".