HB0653 EnrolledLRB102 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.)