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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 1. Short title. This Act may be cited as the Truth | |||||||||||||||||||||||
5 | in Recycling Act. | |||||||||||||||||||||||
6 | Section 5. Definitions. In this Act: | |||||||||||||||||||||||
7 | "Agency" means the Illinois Environmental Protection | |||||||||||||||||||||||
8 | Agency. | |||||||||||||||||||||||
9 | "Board" means the Illinois Pollution Control Board | |||||||||||||||||||||||
10 | established under the Environmental Protection Act. | |||||||||||||||||||||||
11 | "Chasing arrows symbol" means an equilateral triangle | |||||||||||||||||||||||
12 | formed by 3 arrows curved at their midpoints and depicting a | |||||||||||||||||||||||
13 | clockwise path, with a short gap separating the apex of each | |||||||||||||||||||||||
14 | arrow from the base of the adjacent arrow. "Chasing arrows | |||||||||||||||||||||||
15 | symbol" includes variants of that symbol that are likely to be | |||||||||||||||||||||||
16 | interpreted by a consumer as an implication of recyclability, | |||||||||||||||||||||||
17 | including, but not limited to, one or more arrows arranged in a | |||||||||||||||||||||||
18 | circular pattern or around a globe. | |||||||||||||||||||||||
19 | "Consumable product" means a commodity that is intended to | |||||||||||||||||||||||
20 | be used and not disposed of. | |||||||||||||||||||||||
21 | "Consumer good" means any article that is used or bought | |||||||||||||||||||||||
22 | for use primarily for personal, family, or household purposes. | |||||||||||||||||||||||
23 | "Consumer good" does not include any food item. |
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1 | "Environmental marketing claim" includes any one or more | ||||||
2 | of the types of claims described in the "Guides for the Use of | ||||||
3 | Environmental Marketing Claims" promulgated by the Federal | ||||||
4 | Trade Commission under the Federal Trade Commission Act and | ||||||
5 | codified under 16 CFR 260, including, but not limited to, | ||||||
6 | marketing assertions concerning seals of approval and carbon | ||||||
7 | offsets and certifications. | ||||||
8 | "Environmental marketing terms" include "environmental | ||||||
9 | choice", "ecologically friendly", "Earth friendly", | ||||||
10 | "environmentally friendly", "ecologically sound", | ||||||
11 | "environmentally sound", "environmentally safe", | ||||||
12 | "ecologically safe", "environmentally light", "green product", | ||||||
13 | and any other like term used to imply that a consumer good is | ||||||
14 | beneficial or not harmful to the natural environment. | ||||||
15 | "Person" means any individual, firm, partnership, | ||||||
16 | corporation, joint stock company, association, organization, | ||||||
17 | or other legal equity. | ||||||
18 | "PFAS" means any of the perfluoroalkyl or polyfluoroalkyl | ||||||
19 | substances included in the United States Environmental | ||||||
20 | Protection Agency's expanded ToxCast chemical inventory. | ||||||
21 | "Retailer" means any person who engages in the business of | ||||||
22 | selling consumer goods to retail buyers. | ||||||
23 | "Wholesaler" means any person, other than a retailer, who | ||||||
24 | sells, resells, or otherwise places a product into the stream | ||||||
25 | of commerce. |
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1 | Section 10. Representation of consumer goods. | ||||||
2 | (a) A person who represents in advertising for, or on the | ||||||
3 | label or container of, a consumer good manufactured or | ||||||
4 | distributed by the person that the consumer good is not | ||||||
5 | harmful to or is beneficial to the natural environment through | ||||||
6 | the use of environmental marketing terms or a chasing arrows | ||||||
7 | symbol or by otherwise directing a consumer to recycle the | ||||||
8 | consumer good shall maintain in written form in the person's | ||||||
9 | records and make available to any member of the public upon | ||||||
10 | request all of the following information and documentation | ||||||
11 | supporting the validity of the representation: | ||||||
12 | (1) the reasons the person believes the representation | ||||||
13 | to be true; | ||||||
14 | (2) any significant adverse environmental impact | ||||||
15 | directly associated with the production, distribution, | ||||||
16 | use, or disposal of the consumer good; | ||||||
17 | (3) any measure taken by the person to reduce the | ||||||
18 | environmental impacts directly associated with the | ||||||
19 | production, distribution, or disposal of the consumer | ||||||
20 | good; | ||||||
21 | (4) any violation of a federal, State, or local | ||||||
22 | permit, law, or regulation directly associated with the | ||||||
23 | production or distribution of the consumer good; | ||||||
24 | (5) a statement regarding whether the assertions made | ||||||
25 | by the person concerning the consumer good conform to the | ||||||
26 | standards contained in the Federal Trade Commission's |
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1 | "Guides for the Use of Environmental Marketing Claims" if | ||||||
2 | such a standard exists for the assertion; and | ||||||
3 | (6) a description of whether the consumer good is | ||||||
4 | recyclable in the State under this Act if the person | ||||||
5 | represents in advertising that the consumer good is | ||||||
6 | recyclable, uses a chasing arrows symbol on the product, | ||||||
7 | or directs a consumer to recycle the consumer good. | ||||||
8 | (b) A person who is a wholesaler or retailer and does not | ||||||
9 | initiate a representation by advertising or by placing the | ||||||
10 | representation on a product or packaging has not made the | ||||||
11 | representation for purposes of this Section. | ||||||
12 | (c) No person shall make an untruthful, deceptive, or | ||||||
13 | misleading environmental marketing claim concerning a consumer | ||||||
14 | good. A person who displays a chasing arrows symbol or | ||||||
15 | otherwise directs a consumer to recycle a consumer good is not | ||||||
16 | making an untruthful, deceptive, or misleading environmental | ||||||
17 | marketing claim concerning the consumer good if the consumer | ||||||
18 | good is required by any federal or Illinois law, rule, or | ||||||
19 | regulation to display the chasing arrows symbol or the person | ||||||
20 | is required by law to make such a direction. In this | ||||||
21 | subsection, to "otherwise direct a consumer to recycle a | ||||||
22 | consumer good" does not include directing a consumer to | ||||||
23 | compost or properly dispose of a consumer good through a | ||||||
24 | State-sponsored or Agency-administered recycling or materials | ||||||
25 | management program. |
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1 | Section 15. Rigid plastic bottles and rigid plastic | ||||||
2 | containers. | ||||||
3 | (a) Each rigid plastic bottle and rigid plastic container | ||||||
4 | sold in the State shall be labeled with a code indicating the | ||||||
5 | predominant resin used to produce the rigid plastic bottle or | ||||||
6 | rigid plastic container. A rigid plastic bottle or rigid | ||||||
7 | plastic container with a label and basecup of different | ||||||
8 | materials shall be coded according to its basic material. The | ||||||
9 | code shall consist of a number placed inside a triangle and | ||||||
10 | letters placed below the triangle. The numbers and letters | ||||||
11 | used shall be as follows: | ||||||
12 | (1) If the resin is polyethylene terephthalate, the | ||||||
13 | number "1" and the letters "PETE" shall be used. | ||||||
14 | (2) If the resin is high density polyethylene, the | ||||||
15 | number "2" and the letters "HDPE" shall be used. | ||||||
16 | (3) If the resin is vinyl, the number "3" and the | ||||||
17 | letter "V" shall be used. | ||||||
18 | (4) If the resin is low density polyethylene, the | ||||||
19 | number "4" and the letters LDPE" shall be used. | ||||||
20 | (5) If the resin is polypropylene, the number "5" and | ||||||
21 | the letters "PP" shall be used. | ||||||
22 | (6) If the resin is polystyrene, the number "6" and | ||||||
23 | the letters "PS" shall be used. | ||||||
24 | (7) If the resin is composed of more than one layer of | ||||||
25 | a resin, the number "7" and the letters "OTHER" shall be | ||||||
26 | used. |
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1 | (b) The Agency shall maintain a list of abbreviations used | ||||||
2 | on labels under subsection (a) and shall provide a copy of that | ||||||
3 | list to any person upon request. | ||||||
4 | Section 20. Deceptive or misleading claims about | ||||||
5 | recyclability. | ||||||
6 | (a) No person shall offer for sale, sell, distribute, or | ||||||
7 | import in or into the State any product or packaging for which | ||||||
8 | a deceptive or misleading claim regarding the recyclability of | ||||||
9 | the product or packaging is made. | ||||||
10 | (b) Except as provided in subsection (c), a product or | ||||||
11 | packaging that displays a chasing arrows symbol, a chasing | ||||||
12 | arrows symbol surrounding a resin identification code under | ||||||
13 | subsection (a) of Section 15, or any other symbol or statement | ||||||
14 | indicating that the product or packaging is recyclable or that | ||||||
15 | otherwise directs the consumer to recycle the product or | ||||||
16 | packaging is deemed to be a deceptive or misleading claim | ||||||
17 | under this Section unless the product or packaging is | ||||||
18 | considered recyclable in the State under this Act and is of a | ||||||
19 | material type and form that routinely becomes feedstock used | ||||||
20 | in the production of new products or packaging. | ||||||
21 | (c) Subsection (b) does not apply to either of the | ||||||
22 | following: | ||||||
23 | (1) Any product or packaging that is manufactured on | ||||||
24 | or before the later of (i) 18 months after the date the | ||||||
25 | Agency publishes the first material characterization study |
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1 | required under subsection (f) or (ii) January 1, 2025. | ||||||
2 | (2) Any product or packaging manufactured on or before | ||||||
3 | 18 months after the date the Agency updates its material | ||||||
4 | characterization study under subsection (f), provided | ||||||
5 | that, before publication of the updated study, the product | ||||||
6 | or packaging satisfied or would satisfy the requirements | ||||||
7 | to be considered recyclable in the State under this Act. | ||||||
8 | The display of a chasing arrows symbol, or any other | ||||||
9 | statement indicating that a product or packaging is | ||||||
10 | recyclable, directly on a product that is not considered | ||||||
11 | recyclable in this State under this Act or packaging that is | ||||||
12 | not considered recyclable in this State under this Act is a | ||||||
13 | deceptive or misleading claim under this Section, except that | ||||||
14 | a chasing arrows symbol or a statement indicating a product's | ||||||
15 | or packaging's recyclability in the State may be displayed on | ||||||
16 | its external packaging if (i) the product or packaging has | ||||||
17 | multiple material types and (ii) the chasing arrows symbol or | ||||||
18 | statement makes clear, in the same or larger font, font size, | ||||||
19 | or symbol size, all other components of the product or | ||||||
20 | packaging are not recyclable. | ||||||
21 | For purposes of this Section, displaying a chasing arrows | ||||||
22 | symbol or any other statement indicating recyclability on | ||||||
23 | packaging containing a consumable product may refer only to | ||||||
24 | the recyclability of the consumable product's packaging and | ||||||
25 | not of the consumable product. | ||||||
26 | (d) The following are not deceptive or misleading claims |
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1 | about the recyclability of a product or packaging under this | ||||||
2 | Section: | ||||||
3 | (1) using a chasing arrows symbol, in combination with | ||||||
4 | a clearly visible line, placed at a 45 degree angle over | ||||||
5 | the chasing arrows symbol, to convey that an item is not | ||||||
6 | recyclable; | ||||||
7 | (2) displaying a chasing arrows symbol on a consumer | ||||||
8 | good that is required by any federal or State law, rule, or | ||||||
9 | regulation to display the chasing arrows symbol, | ||||||
10 | including, but not limited to, paragraph (1) of subsection | ||||||
11 | (b) of Section 103 of the federal Mercury-Containing and | ||||||
12 | Rechargeable Battery Management Act (42 U.S.C. | ||||||
13 | 14322(b)(1)); | ||||||
14 | (3) directing a consumer to compost or properly | ||||||
15 | dispose of a consumer good through an organic recycling | ||||||
16 | program; or | ||||||
17 | (4) placing a resin identification code that is | ||||||
18 | required under subsection (a) of Section 15 inside of a | ||||||
19 | solid equilateral triangle. | ||||||
20 | (e) On or before January 1, 2025, the Agency shall | ||||||
21 | propose, and on or before January 1, 2026, the Board shall | ||||||
22 | adopt rules to provide information to the public sufficient | ||||||
23 | for evaluating whether a product or packaging is recyclable in | ||||||
24 | the State and is of a material type that routinely becomes | ||||||
25 | feedstock used in the production of new products or packaging. | ||||||
26 | The proposed and adopted rules shall identify: |
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1 | (1) how material is collected or processed by | ||||||
2 | recycling programs throughout the State; and | ||||||
3 | (2) the material types and forms that are actively | ||||||
4 | recovered and are not considered to be waste. | ||||||
5 | (f) In order to obtain a representative survey of | ||||||
6 | recycling programs in the State, the Agency shall conduct a | ||||||
7 | characterization survey of material types and forms that are | ||||||
8 | collected, sorted, sold, or transferred by recycling centers | ||||||
9 | in the State and that the Agency deems to be appropriate for | ||||||
10 | inclusion in the survey. The Agency shall publish the results | ||||||
11 | of the material characterization survey on it website on or | ||||||
12 | before December 31, 2029 and shall conduct and publish an | ||||||
13 | updated material characterization survey every 5 years | ||||||
14 | thereafter. | ||||||
15 | The Agency may publish additional information regarding | ||||||
16 | the appropriate characterization of material types and forms | ||||||
17 | if the information was not available at the time that the most | ||||||
18 | recent survey was conducted or published. | ||||||
19 | Within 90 days after receiving a request from the Agency | ||||||
20 | for the purpose of conducting a survey under this subsection, | ||||||
21 | a recycling center shall allow periodic sampling of the wastes | ||||||
22 | and materials being handled at the facility by a designated | ||||||
23 | representative of the Agency on a date and at a time that is | ||||||
24 | mutually agreed upon by the Agency and the recycling center. | ||||||
25 | The Agency shall not request a periodic sampling of a | ||||||
26 | recycling center under this subsection if that recycling |
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1 | center was sampled during the previous 24 months. | ||||||
2 | For each material characterization study conducted under | ||||||
3 | this subsection, the Agency shall publish on its website the | ||||||
4 | preliminary findings of the study and conduct a public meeting | ||||||
5 | to present the preliminary findings and receive public | ||||||
6 | comments. The public meeting shall occur at least 30 days | ||||||
7 | after the Agency publishes the preliminary findings. After | ||||||
8 | receiving and considering public comments, and within 60 days | ||||||
9 | after the public meeting, the Agency shall finalize and | ||||||
10 | publish the study's findings on the Agency's website. | ||||||
11 | (g) Subject to subsection (i), a product or packaging is | ||||||
12 | recyclable in the State if, based on information published by | ||||||
13 | the Agency under subsection (f), the product or packaging is | ||||||
14 | of a material type and form that meets both of the following | ||||||
15 | requirements: | ||||||
16 | (1) The material type and form is collected for | ||||||
17 | recycling by recycling centers for jurisdictions that | ||||||
18 | collectively serve at least 60% of the State's population. | ||||||
19 | (2) The material type and form is sorted into defined | ||||||
20 | streams for recycling processes by large-volume transfer | ||||||
21 | or processing facilities that process materials and | ||||||
22 | collectively serve at least 60% of recycling programs | ||||||
23 | statewide, with the defined streams sent to and reclaimed | ||||||
24 | at a reclaiming facility consistent with the requirements | ||||||
25 | of the "Basel Convention on the Control of Transboundary | ||||||
26 | Movements of Hazardous Wastes and their Disposal". The |
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1 | Agency, as it deems appropriate for achieving the purposes | ||||||
2 | of this Section, may adopt rules modifying the requirement | ||||||
3 | of this paragraph to encompass transfer or processing | ||||||
4 | facilities other than large-volume transfer or processing | ||||||
5 | facilities. | ||||||
6 | (h) A product or packaging is not recyclable in the State | ||||||
7 | unless the product or packaging meets all of the following | ||||||
8 | criteria, as applicable: | ||||||
9 | (1) all plastic packaging is designed not to include | ||||||
10 | any component, ink, adhesive, or label that, according to | ||||||
11 | the "APR Design Guide" published by the Association of | ||||||
12 | Plastic Recyclers, prevents the recyclability of the | ||||||
13 | packaging; | ||||||
14 | (2) plastic products, nonplastic products, and | ||||||
15 | nonplastic packaging are designed to ensure recyclability | ||||||
16 | and do not include any component, ink, adhesive, or label | ||||||
17 | that prevents the recyclability of the product or | ||||||
18 | packaging; | ||||||
19 | (3) the product or packaging is not made from a | ||||||
20 | plastic or fiber containing PFAS that are either: | ||||||
21 | (A) intentionally added to a product or packaging | ||||||
22 | by a manufacturer and have a functional or technical | ||||||
23 | effect in or on the product or packaging; or | ||||||
24 | (B) present in the product, packaging, or any | ||||||
25 | component of the product or packaging in an amount at | ||||||
26 | or above 100 parts per million, as measured in total |
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1 | organic fluorine. | ||||||
2 | (i) Notwithstanding subsections (g) and (h), a product or | ||||||
3 | packaging is recyclable in the State if it meets any of the | ||||||
4 | following requirements: | ||||||
5 | (1) The product or packaging has a demonstrated | ||||||
6 | recycling rate of at least 75%, meaning that not less than | ||||||
7 | 75% of the product or packaging that is sorted and | ||||||
8 | aggregated in the State is reprocessed into new products | ||||||
9 | or packaging. | ||||||
10 | (2) On and before December 31, 2030, the product or | ||||||
11 | packaging is collected under a non-curbside collection | ||||||
12 | program that recovers at least 60% of the product or | ||||||
13 | packaging, and the material has sufficient commercial | ||||||
14 | value to be marketed for recycling and transported at the | ||||||
15 | end of its useful life to a transfer station, processing | ||||||
16 | facility, or recycling center to be sorted and aggregated | ||||||
17 | into defined streams by material type and form. | ||||||
18 | (3) On and after January 1, 2031, the product or | ||||||
19 | packaging is collected under a non-curbside collection | ||||||
20 | program that recovers at least 75% of the product or | ||||||
21 | packaging, and the material has sufficient commercial | ||||||
22 | value to be marketed for recycling and transported at the | ||||||
23 | end of its useful life to a transfer station, processing | ||||||
24 | facility, or recycling center to be sorted and aggregated | ||||||
25 | into defined streams by material type and form. | ||||||
26 | (4) The Agency determines that the product or |
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1 | packaging will not increase the contamination of curbside | ||||||
2 | recycling or deceive consumers as to its recyclability, | ||||||
3 | and the product or packaging is part of and in compliance | ||||||
4 | with a program established under State or federal law on | ||||||
5 | or after January 1, 2024 that governs the recyclability or | ||||||
6 | disposal of that product or packaging. | ||||||
7 | (j) The information published by the Agency under this | ||||||
8 | Section shall not prevent a unit of local government from | ||||||
9 | determining whether or to what extent a material type or form | ||||||
10 | shall be accepted by its local recycling program. | ||||||
11 | Section 25. Enforcement.
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12 | (a) Any person who violates any provision of this Act | ||||||
13 | shall be liable for a civil penalty not to exceed $5,000 for | ||||||
14 | such violation. The civil penalty may, upon order of a court of | ||||||
15 | competent jurisdiction, be made payable to the Solid Waste | ||||||
16 | Management Fund, to be used in accordance with the provisions | ||||||
17 | of the Illinois Solid Waste Management Act.
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18 | (b) The State's Attorney or any person who resides in the | ||||||
19 | county in which the violation occurred, or the Attorney | ||||||
20 | General, at the request of the Agency or on his own motion, may | ||||||
21 | institute a civil action against any violator of this Act. The | ||||||
22 | court may award costs and reasonable attorney fees to the | ||||||
23 | State's Attorney, Attorney General, or any person who has | ||||||
24 | prevailed against a person who has committed a willful, | ||||||
25 | knowing, or repeated violation of this Act.
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1 | (c) Any funds collected under subsection (b) in which the | ||||||
2 | Attorney General has prevailed shall be deposited in the Solid | ||||||
3 | Waste Management Fund. | ||||||
4 | (d) Notwithstanding any other provision of his Section, it | ||||||
5 | is a defense to any suit or complaint brought under this | ||||||
6 | Section for a violation of Section 10 that a person's | ||||||
7 | environmental marketing claim conforms with the standards of, | ||||||
8 | or is consistent with examples contained in, "Guides for the | ||||||
9 | Use of Environmental Marketing Claims" published by the | ||||||
10 | Federal Trade Commission.
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11 | Section 90. The Environmental Protection Act is amended by | ||||||
12 | changing Section 22.15 as follows:
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13 | (415 ILCS 5/22.15)
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14 | Sec. 22.15. Solid Waste Management Fund; fees.
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15 | (a) There is hereby created within the State Treasury a
| ||||||
16 | special fund to be known as the Solid Waste Management Fund, to | ||||||
17 | be
constituted from the fees collected by the State pursuant | ||||||
18 | to this Section,
from repayments of loans made from the Fund | ||||||
19 | for solid waste projects, from registration fees collected | ||||||
20 | pursuant to the Consumer Electronics Recycling Act and civil | ||||||
21 | penalties collected under the Truth in Recycling Act , and from | ||||||
22 | amounts transferred into the Fund pursuant to Public Act | ||||||
23 | 100-433.
Moneys received by either the Agency or the | ||||||
24 | Department of Commerce and Economic Opportunity
in repayment |
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| |||||||
1 | of loans made pursuant to the Illinois Solid Waste Management
| ||||||
2 | Act shall be deposited into the General Revenue Fund.
| ||||||
3 | (b) The Agency shall assess and collect a
fee in the amount | ||||||
4 | set forth herein from the owner or operator of each sanitary
| ||||||
5 | landfill permitted or required to be permitted by the Agency | ||||||
6 | to dispose of
solid waste if the sanitary landfill is located | ||||||
7 | off the site where such waste
was produced and if such sanitary | ||||||
8 | landfill is owned, controlled, and operated
by a person other | ||||||
9 | than the generator of such waste. The Agency shall deposit
all | ||||||
10 | fees collected into the Solid Waste Management Fund. If a site | ||||||
11 | is
contiguous to one or more landfills owned or operated by the | ||||||
12 | same person, the
volumes permanently disposed of by each | ||||||
13 | landfill shall be combined for purposes
of determining the fee | ||||||
14 | under this subsection. Beginning on July 1, 2018, and on the | ||||||
15 | first day of each month thereafter during fiscal years 2019 | ||||||
16 | through 2023, the State Comptroller shall direct and State | ||||||
17 | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 | ||||||
18 | per fiscal year from the Solid Waste Management Fund to the | ||||||
19 | General Revenue Fund.
| ||||||
20 | (1) If more than 150,000 cubic yards of non-hazardous | ||||||
21 | solid waste is
permanently disposed of at a site in a | ||||||
22 | calendar year, the owner or operator
shall either pay a | ||||||
23 | fee of 95 cents per cubic yard or,
alternatively, the | ||||||
24 | owner or operator may weigh the quantity of the solid | ||||||
25 | waste
permanently disposed of with a device for which | ||||||
26 | certification has been obtained
under the Weights and |
| |||||||
| |||||||
1 | Measures Act and pay a fee of $2.00 per
ton of solid waste | ||||||
2 | permanently disposed of. In no case shall the fee | ||||||
3 | collected
or paid by the owner or operator under this | ||||||
4 | paragraph exceed $1.55 per cubic yard or $3.27 per ton.
| ||||||
5 | (2) If more than 100,000 cubic yards but not more than | ||||||
6 | 150,000 cubic
yards of non-hazardous waste is permanently | ||||||
7 | disposed of at a site in a calendar
year, the owner or | ||||||
8 | operator shall pay a fee of $52,630.
| ||||||
9 | (3) If more than 50,000 cubic yards but not more than | ||||||
10 | 100,000 cubic
yards of non-hazardous solid waste is | ||||||
11 | permanently disposed of at a site
in a calendar year, the | ||||||
12 | owner or operator shall pay a fee of $23,790.
| ||||||
13 | (4) If more than 10,000 cubic yards but not more than | ||||||
14 | 50,000 cubic
yards of non-hazardous solid waste is | ||||||
15 | permanently disposed of at a site
in a calendar year, the | ||||||
16 | owner or operator shall pay a fee of $7,260.
| ||||||
17 | (5) If not more than 10,000 cubic yards of | ||||||
18 | non-hazardous solid waste is
permanently disposed of at a | ||||||
19 | site in a calendar year, the owner or operator
shall pay a | ||||||
20 | fee of $1050.
| ||||||
21 | (c) (Blank).
| ||||||
22 | (d) The Agency shall establish rules relating to the | ||||||
23 | collection of the
fees authorized by this Section. Such rules | ||||||
24 | shall include, but not be
limited to:
| ||||||
25 | (1) necessary records identifying the quantities of | ||||||
26 | solid waste received
or disposed;
|
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| |||||||
1 | (2) the form and submission of reports to accompany | ||||||
2 | the payment of fees
to the Agency;
| ||||||
3 | (3) the time and manner of payment of fees to the | ||||||
4 | Agency, which payments
shall not be more often than | ||||||
5 | quarterly; and
| ||||||
6 | (4) procedures setting forth criteria establishing | ||||||
7 | when an owner or
operator may measure by weight or volume | ||||||
8 | during any given quarter or other
fee payment period.
| ||||||
9 | (e) Pursuant to appropriation, all monies in the Solid | ||||||
10 | Waste Management
Fund shall be used by the Agency for the | ||||||
11 | purposes set forth in this Section , and in the Illinois
Solid | ||||||
12 | Waste Management Act , and in the Truth in Recycling Act , | ||||||
13 | including for the costs of fee collection and
administration, | ||||||
14 | and for the administration of the Consumer Electronics | ||||||
15 | Recycling Act , and the Drug Take-Back Act , and the Truth in | ||||||
16 | Recycling Act .
| ||||||
17 | (f) The Agency is authorized to enter into such agreements | ||||||
18 | and to
promulgate such rules as are necessary to carry out its | ||||||
19 | duties under this
Section and the Illinois Solid Waste | ||||||
20 | Management Act and the Truth in Recycling Act .
| ||||||
21 | (g) On the first day of January, April, July, and October | ||||||
22 | of each year,
beginning on July 1, 1996, the State Comptroller | ||||||
23 | and Treasurer shall
transfer $500,000 from the Solid Waste | ||||||
24 | Management Fund to the Hazardous Waste
Fund. Moneys | ||||||
25 | transferred under this subsection (g) shall be used only for | ||||||
26 | the
purposes set forth in item (1) of subsection (d) of Section |
| |||||||
| |||||||
1 | 22.2.
| ||||||
2 | (h) The Agency is authorized to provide financial | ||||||
3 | assistance to units of
local government for the performance of | ||||||
4 | inspecting, investigating , and
enforcement activities pursuant | ||||||
5 | to subsection (r) of Section 4 Section 4(r) at nonhazardous | ||||||
6 | solid
waste disposal sites.
| ||||||
7 | (i) The Agency is authorized to conduct household waste | ||||||
8 | collection and
disposal programs.
| ||||||
9 | (j) A unit of local government, as defined in the Local | ||||||
10 | Solid Waste Disposal
Act, in which a solid waste disposal | ||||||
11 | facility is located may establish a fee,
tax, or surcharge | ||||||
12 | with regard to the permanent disposal of solid waste.
All | ||||||
13 | fees, taxes, and surcharges collected under this subsection | ||||||
14 | shall be
utilized for solid waste management purposes, | ||||||
15 | including long-term monitoring
and maintenance of landfills, | ||||||
16 | planning, implementation, inspection, enforcement
and other | ||||||
17 | activities consistent with the Solid Waste Management Act and | ||||||
18 | the
Local Solid Waste Disposal Act, or for any other | ||||||
19 | environment-related purpose,
including, but not limited to, an | ||||||
20 | environment-related public works project, but
not for the | ||||||
21 | construction of a new pollution control facility other than a
| ||||||
22 | household hazardous waste facility. However, the total fee, | ||||||
23 | tax or surcharge
imposed by all units of local government | ||||||
24 | under this subsection (j) upon the
solid waste disposal | ||||||
25 | facility shall not exceed:
| ||||||
26 | (1) 60ยข per cubic yard if more than 150,000 cubic |
| |||||||
| |||||||
1 | yards of non-hazardous
solid waste is permanently disposed | ||||||
2 | of at the site in a calendar year, unless
the owner or | ||||||
3 | operator weighs the quantity of the solid waste received | ||||||
4 | with a
device for which certification has been obtained | ||||||
5 | under the Weights and Measures
Act, in which case the fee | ||||||
6 | shall not exceed $1.27 per ton of solid waste
permanently | ||||||
7 | disposed of.
| ||||||
8 | (2) $33,350 if more than 100,000
cubic yards, but not | ||||||
9 | more than 150,000 cubic yards, of non-hazardous waste
is | ||||||
10 | permanently disposed of at the site in a calendar year.
| ||||||
11 | (3) $15,500 if more than 50,000 cubic
yards, but not | ||||||
12 | more than 100,000 cubic yards, of non-hazardous solid | ||||||
13 | waste is
permanently disposed of at the site in a calendar | ||||||
14 | year.
| ||||||
15 | (4) $4,650 if more than 10,000 cubic
yards, but not | ||||||
16 | more than 50,000 cubic yards, of non-hazardous solid waste
| ||||||
17 | is permanently disposed of at the site in a calendar year.
| ||||||
18 | (5) $650 if not more than 10,000 cubic
yards of | ||||||
19 | non-hazardous solid waste is permanently disposed of at | ||||||
20 | the site in
a calendar year.
| ||||||
21 | The corporate authorities of the unit of local government
| ||||||
22 | may use proceeds from the fee, tax, or surcharge to reimburse a | ||||||
23 | highway
commissioner whose road district lies wholly or | ||||||
24 | partially within the
corporate limits of the unit of local | ||||||
25 | government for expenses incurred in
the removal of | ||||||
26 | nonhazardous, nonfluid municipal waste that has been dumped
on |
| |||||||
| |||||||
1 | public property in violation of a State law or local | ||||||
2 | ordinance.
| ||||||
3 | For the disposal of solid waste from general construction
| ||||||
4 | or demolition debris recovery facilities as defined in | ||||||
5 | subsection (a-1) of Section 3.160, the total fee, tax, or | ||||||
6 | surcharge imposed by
all units of local government under this | ||||||
7 | subsection (j) upon
the solid waste disposal facility shall | ||||||
8 | not exceed 50% of the
applicable amount set forth above. A unit | ||||||
9 | of local government,
as defined in the Local Solid Waste | ||||||
10 | Disposal Act, in which a
general construction or demolition | ||||||
11 | debris recovery facility is
located may establish a fee, tax, | ||||||
12 | or surcharge on the general construction or demolition debris | ||||||
13 | recovery facility with
regard to the permanent disposal of | ||||||
14 | solid waste by the
general construction or demolition debris | ||||||
15 | recovery facility at
a solid waste disposal facility, provided | ||||||
16 | that such fee, tax,
or surcharge shall not exceed 50% of the | ||||||
17 | applicable amount set
forth above, based on the total amount | ||||||
18 | of solid waste transported from the general construction or | ||||||
19 | demolition debris recovery facility for disposal at solid | ||||||
20 | waste disposal facilities, and the unit of local government | ||||||
21 | and fee shall be
subject to all other requirements of this | ||||||
22 | subsection (j). | ||||||
23 | A county or Municipal Joint Action Agency that imposes a | ||||||
24 | fee, tax, or
surcharge under this subsection may use the | ||||||
25 | proceeds thereof to reimburse a
municipality that lies wholly | ||||||
26 | or partially within its boundaries for expenses
incurred in |
| |||||||
| |||||||
1 | the removal of nonhazardous, nonfluid municipal waste that has | ||||||
2 | been
dumped on public property in violation of a State law or | ||||||
3 | local ordinance.
| ||||||
4 | If the fees are to be used to conduct a local sanitary | ||||||
5 | landfill
inspection or enforcement program, the unit of local | ||||||
6 | government must enter
into a written delegation agreement with | ||||||
7 | the Agency pursuant to subsection
(r) of Section 4. The unit of | ||||||
8 | local government and the Agency shall enter
into such a | ||||||
9 | written delegation agreement within 60 days after the
| ||||||
10 | establishment of such fees. At least annually,
the Agency | ||||||
11 | shall conduct an audit of the expenditures made by units of | ||||||
12 | local
government from the funds granted by the Agency to the | ||||||
13 | units of local
government for purposes of local sanitary | ||||||
14 | landfill inspection and enforcement
programs, to ensure that | ||||||
15 | the funds have been expended for the prescribed
purposes under | ||||||
16 | the grant.
| ||||||
17 | The fees, taxes or surcharges collected under this | ||||||
18 | subsection (j) shall
be placed by the unit of local government | ||||||
19 | in a separate fund, and the
interest received on the moneys in | ||||||
20 | the fund shall be credited to the fund. The
monies in the fund | ||||||
21 | may be accumulated over a period of years to be
expended in | ||||||
22 | accordance with this subsection.
| ||||||
23 | A unit of local government, as defined in the Local Solid | ||||||
24 | Waste Disposal
Act, shall prepare and post on its website, in | ||||||
25 | April of each year, a
report that details spending plans for | ||||||
26 | monies collected in accordance with
this subsection. The |
| |||||||
| |||||||
1 | report will at a minimum include the following:
| ||||||
2 | (1) The total monies collected pursuant to this | ||||||
3 | subsection.
| ||||||
4 | (2) The most current balance of monies collected | ||||||
5 | pursuant to this
subsection.
| ||||||
6 | (3) An itemized accounting of all monies expended for | ||||||
7 | the previous year
pursuant to this subsection.
| ||||||
8 | (4) An estimation of monies to be collected for the | ||||||
9 | following 3
years pursuant to this subsection.
| ||||||
10 | (5) A narrative detailing the general direction and | ||||||
11 | scope of future
expenditures for one, 2 and 3 years.
| ||||||
12 | The exemptions granted under Sections 22.16 and 22.16a, | ||||||
13 | and under
subsection (k) of this Section, shall be applicable | ||||||
14 | to any fee,
tax or surcharge imposed under this subsection | ||||||
15 | (j); except that the fee,
tax or surcharge authorized to be | ||||||
16 | imposed under this subsection (j) may be
made applicable by a | ||||||
17 | unit of local government to the permanent disposal of
solid | ||||||
18 | waste after December 31, 1986, under any contract lawfully | ||||||
19 | executed
before June 1, 1986 under which more than 150,000 | ||||||
20 | cubic yards (or 50,000 tons)
of solid waste is to be | ||||||
21 | permanently disposed of, even though the waste is
exempt from | ||||||
22 | the fee imposed by the State under subsection (b) of this | ||||||
23 | Section
pursuant to an exemption granted under Section 22.16.
| ||||||
24 | (k) In accordance with the findings and purposes of the | ||||||
25 | Illinois Solid
Waste Management Act, beginning January 1, 1989 | ||||||
26 | the fee under subsection
(b) and the fee, tax or surcharge |
| |||||||
| |||||||
1 | under subsection (j) shall not apply to:
| ||||||
2 | (1) waste which is hazardous waste;
| ||||||
3 | (2) waste which is pollution control waste;
| ||||||
4 | (3) waste from recycling, reclamation or reuse | ||||||
5 | processes which have been
approved by the Agency as being | ||||||
6 | designed to remove any contaminant from
wastes so as to | ||||||
7 | render such wastes reusable, provided that the process
| ||||||
8 | renders at least 50% of the waste reusable; the exemption | ||||||
9 | set forth in this paragraph (3) of this subsection (k) | ||||||
10 | shall not apply to general construction or demolition | ||||||
11 | debris recovery
facilities as defined in subsection (a-1) | ||||||
12 | of Section 3.160;
| ||||||
13 | (4) non-hazardous solid waste that is received at a | ||||||
14 | sanitary landfill
and composted or recycled through a | ||||||
15 | process permitted by the Agency; or
| ||||||
16 | (5) any landfill which is permitted by the Agency to | ||||||
17 | receive only
demolition or construction debris or | ||||||
18 | landscape waste.
| ||||||
19 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
20 | 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. | ||||||
21 | 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; | ||||||
22 | 102-1055, eff. 6-10-22; revised 8-25-22.)
| ||||||
23 | (415 ILCS 15/10 rep.) | ||||||
24 | Section 95. The Solid Waste Planning and Recycling Act is | ||||||
25 | amended by repealing Section 10.
|