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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 22.51b as follows: | ||||||
| 6 | (415 ILCS 5/22.51b) | ||||||
| 7 | Sec. 22.51b. Fees for permitted facilities accepting clean | ||||||
| 8 | construction or demolition debris or uncontaminated soil. | ||||||
| 9 | (a) The Agency shall assess and collect a fee from the | ||||||
| 10 | owner or operator of each clean construction or demolition | ||||||
| 11 | debris fill operation that is permitted or required to be | ||||||
| 12 | permitted by the Agency. The fee assessed and collected under | ||||||
| 13 | this subsection shall be 28 20 cents per cubic yard of clean | ||||||
| 14 | construction or demolition debris or uncontaminated soil | ||||||
| 15 | accepted by the clean construction or demolition debris fill | ||||||
| 16 | operation, or, alternatively, the owner or operator may weigh | ||||||
| 17 | the quantity of the clean construction or demolition debris or | ||||||
| 18 | uncontaminated soil with a device for which certification has | ||||||
| 19 | been obtained under the Weights and Measures Act and pay a fee | ||||||
| 20 | of 20 14 cents per ton of clean construction or demolition | ||||||
| 21 | debris or uncontaminated soil. The fee shall apply to | ||||||
| 22 | construction or demolition debris or uncontaminated soil if | ||||||
| 23 | (i) the clean construction or demolition debris fill operation | ||||||
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| 1 | is located off the site where the clean construction or | ||||||
| 2 | demolition debris or uncontaminated soil was generated and | ||||||
| 3 | (ii) the clean construction or demolition debris fill | ||||||
| 4 | operation is owned, controlled, and operated by a person other | ||||||
| 5 | than the generator of the clean construction or demolition | ||||||
| 6 | debris or uncontaminated soil. | ||||||
| 7 | (b) The Agency shall establish rules relating to the | ||||||
| 8 | collection of the fees authorized by subsection (a) of this | ||||||
| 9 | Section. These rules shall include, but are not limited to, | ||||||
| 10 | the 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 | ||||||
| 20 | to any other fees collected under any other Section. | ||||||
| 21 | (d) The Agency shall not refund any fee paid to it under | ||||||
| 22 | this Section. | ||||||
| 23 | (e) The Agency shall deposit all fees collected under this | ||||||
| 24 | subsection into the Environmental Protection Permit and | ||||||
| 25 | Inspection Fund. Pursuant to appropriation, all moneys | ||||||
| 26 | collected under this Section shall be used by the Agency for | ||||||
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| 1 | the implementation of this Section and for permit and | ||||||
| 2 | inspection activities. | ||||||
| 3 | (f) A unit of local government, as defined in the Local | ||||||
| 4 | Solid Waste Disposal Act, in which a clean construction or | ||||||
| 5 | demolition debris fill operation is located and which has | ||||||
| 6 | entered into a delegation agreement with the Agency pursuant | ||||||
| 7 | to subsection (r) of Section 4 of this Act for inspection, | ||||||
| 8 | investigation, or enforcement functions related to clean | ||||||
| 9 | construction or demolition debris fill operations may | ||||||
| 10 | establish a fee, tax, or surcharge with regard to clean | ||||||
| 11 | construction or demolition debris or uncontaminated soil | ||||||
| 12 | accepted by clean construction or demolition debris fill | ||||||
| 13 | operations. All fees, taxes, and surcharges collected under | ||||||
| 14 | this subsection shall be used for inspection, investigation, | ||||||
| 15 | and enforcement functions performed by the unit of local | ||||||
| 16 | government pursuant to the delegation agreement with the | ||||||
| 17 | Agency and for environmental safety purposes. Fees, taxes, and | ||||||
| 18 | surcharges established under this subsection (f) shall not | ||||||
| 19 | exceed a total of 20 10 cents per cubic yard of clean | ||||||
| 20 | construction or demolition debris or uncontaminated soil | ||||||
| 21 | accepted by the clean construction or demolition debris fill | ||||||
| 22 | operation, unless the owner or operator weighs the quantity of | ||||||
| 23 | the clean construction or demolition debris or uncontaminated | ||||||
| 24 | soil with a device for which certification has been obtained | ||||||
| 25 | under the Weights and Measures Act, in which case the fee shall | ||||||
| 26 | not exceed 14 7 cents per ton of clean construction or | ||||||
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| 1 | demolition 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.
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| 10 | (Source: P.A. 96-1416, eff. 7-30-10.)
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