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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 Paint |
5 | | Stewardship Act. |
6 | | Section 5. Findings. The General Assembly finds that: |
7 | | (1) Leftover architectural paints present significant |
8 | | waste management issues for counties and municipalities and |
9 | | create costly environmental, health, and safety risks if not |
10 | | properly managed. |
11 | | (2) Nationally, an estimated 10% of architectural paint |
12 | | purchased by consumers is leftover. Current governmental |
13 | | programs collect only a fraction of the potential leftover |
14 | | paint for proper reuse, recycling, or disposal. In northern |
15 | | Illinois, there are only 4 permanent household hazardous waste |
16 | | facilities, and these facilities do not typically accept latex |
17 | | paint, which is the most common paint purchased by consumers. |
18 | | (3) It is in the best interest of this State for paint |
19 | | manufacturers to assume responsibility for the development and |
20 | | implementation of a cost-effective paint stewardship program |
21 | | that will educate consumers on strategies to reduce the |
22 | | generation of leftover paint; provide opportunities to reuse |
23 | | leftover paint; and collect, transport, and process leftover |
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1 | | paint for end-of-life management, including reuse, recycling, |
2 | | and disposal. Requiring paint manufacturers to assume |
3 | | responsibility for the collection, recycling, reuse, |
4 | | transportation, and disposal of leftover paint will provide |
5 | | more opportunities for consumers to properly manage their |
6 | | leftover paint, provide fiscal relief for this State and local |
7 | | governments in managing leftover paint, keep paint out of the |
8 | | waste stream, and conserve natural resources. |
9 | | (4) Similar architectural paint stewardship programs |
10 | | currently operate in 11 jurisdictions and successfully divert |
11 | | a significant portion of the collected paint waste from |
12 | | landfills. These paint stewardship programs are saving |
13 | | counties and municipalities the cost of managing paint waste |
14 | | and have been successful at recycling leftover paint into |
15 | | recycled paint products as well as other products. For |
16 | | instance, in the State of Oregon, 64% of the latex paint |
17 | | collected in the 2019-2020 fiscal year was recycled into paint |
18 | | products, and in Minnesota, 48% of the latex paint collected |
19 | | during the same period was reused or recycled into paint |
20 | | products. Given the lack of access to architectural paint |
21 | | collection programs in Illinois, especially for leftover latex |
22 | | architectural paint, and the demonstrated ability of the paint |
23 | | industry to collect and recycle a substantial portion of |
24 | | leftover architectural paint, this legislation is necessary. |
25 | | It will create a statewide program that diverts a significant |
26 | | portion of paint waste from landfills and facilitates the |
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1 | | recycling of leftover paint into paint and other products. |
2 | | (5) Establishing a paint stewardship program in Illinois |
3 | | will create jobs as the marketplace adjusts to the needs of a |
4 | | robust program that requires transporters and processors. |
5 | | Certain infrastructure already exists in the State, and the |
6 | | program may attract additional resources. |
7 | | (6) Legislation is needed to establish this program in |
8 | | part because of the risk of antitrust lawsuits. The program |
9 | | involves activities by competitors in the paint industry and |
10 | | may affect the costs or prices of those competitors. As |
11 | | construed by the courts, the antitrust laws impose severe |
12 | | constraints on concerted action by competitors that affect |
13 | | costs or prices. Absent State legislation, participation in |
14 | | this program would entail an unacceptable risk of class action |
15 | | lawsuits. These risks can be mitigated by legislation that |
16 | | would bar application of federal antitrust law under the |
17 | | "state action" doctrine. Under that doctrine, federal |
18 | | antitrust law does not apply to conduct that is (1) undertaken |
19 | | pursuant to a clearly expressed and affirmatively articulated |
20 | | state policy to displace or limit competition and (2) actively |
21 | | supervised by the state.
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22 | | (7) To ensure that this defense will be available to |
23 | | protect participants in the program, it is important for this |
24 | | State's legislation to be specific about the conduct it is |
25 | | authorizing and to express clearly that the State is |
26 | | authorizing that conduct pursuant to a conscious policy |
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1 | | decision to limit the unfettered operation of market forces. |
2 | | It is also critical for the legislation to provide for active |
3 | | supervision of the conduct that might otherwise be subject to |
4 | | antitrust attack. In particular, the legislation must provide |
5 | | for active supervision of the decisions concerning the |
6 | | assessments that will fund the program. A clear articulation |
7 | | of the State's purposes and policies and provisions for active |
8 | | State supervision of the program will ensure that industry |
9 | | participation in the program will not trigger litigation. |
10 | | (8) To ensure that the costs of the program are |
11 | | distributed in an equitable and competitively neutral manner, |
12 | | the program will be funded through an assessment on each |
13 | | container of paint sold in this State. That assessment will be |
14 | | sufficient to recover, but not exceed, the costs of sustaining |
15 | | the program and will be reviewed and approved by the |
16 | | Environmental Protection Agency. Funds collected through the |
17 | | assessment will be used by the representative organization to |
18 | | operate and sustain the program.
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19 | | Section 10. Definitions. In this Act: |
20 | | "Agency" means the Environmental Protection Agency. |
21 | | "Architectural paint" means interior and exterior |
22 | | architectural coatings sold in containers of 5 gallons or |
23 | | less. "Architectural paint" does not include industrial |
24 | | original equipment or specialty coatings. |
25 | | "Collection site" means any location, place, tract of |
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1 | | land, or facility or improvement at which architectural paint |
2 | | is accepted into a postconsumer paint collection program |
3 | | pursuant to a postconsumer paint collection program plan. |
4 | | "Environmentally sound management practices" means |
5 | | procedures for the collection, storage, transportation, reuse, |
6 | | recycling, and disposal of architectural paint in a manner |
7 | | that complies with all applicable federal, State, and local |
8 | | laws and any rules, regulations, and ordinances for the |
9 | | protection of human health and the environment. These |
10 | | procedures shall address adequate recordkeeping, tracking and |
11 | | documenting of the final disposition of materials, and |
12 | | environmental liability coverage for the representative |
13 | | organization. |
14 | | "Household waste" has the meaning given to that term in |
15 | | Section 3.230 of the Environmental Protection Act. |
16 | | "Manufacturer" means a manufacturer of architectural paint |
17 | | who sells, offers for sale, or distributes the architectural |
18 | | paint in the State under the manufacturer's own name or brand |
19 | | or another brand. "Manufacturer" does not include a retailer |
20 | | that trademarks or owns a brand of architectural paint that is |
21 | | sold, offered for sale, or distributed within or into this |
22 | | State and that is manufactured by a person other than a |
23 | | retailer. |
24 | | "Person" has the meaning given to that term in Section |
25 | | 3.315 of the Environmental Protection Act. |
26 | | "Postconsumer paint" means architectural paint not used |
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1 | | and no longer wanted by a purchaser. |
2 | | "Program" means the postconsumer paint stewardship program |
3 | | established pursuant to Section 15. |
4 | | "Recycling" has the meaning given to that term in Section |
5 | | 3.380 of the Environmental Protection Act. |
6 | | "Representative organization" means a nonprofit |
7 | | organization established by one or more manufacturers to |
8 | | implement a postconsumer paint stewardship program under this |
9 | | Act. |
10 | | "Retailer" means a person that sells or offers to sell at |
11 | | retail in this State architectural paint. |
12 | | "Very small quantity generator" has the meaning given to |
13 | | that term in 40 CFR 260.10.
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14 | | Section 15. Paint stewardship program plan. |
15 | | (a) Each manufacturer of architectural paint sold or |
16 | | offered for sale at retail in the State shall submit to the |
17 | | Agency a plan for the establishment of a postconsumer paint |
18 | | stewardship program. The program shall seek to reduce the |
19 | | generation of postconsumer paint, promote its reuse and |
20 | | recycling, and manage the postconsumer paint waste stream |
21 | | using environmentally sound management practices. |
22 | | (b) A plan submitted under this Section shall: |
23 | | (1) Provide a list of participating manufacturers and |
24 | | brands covered by the program. |
25 | | (2) Provide information on the architectural paint |
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1 | | products covered under the program, such as interior or |
2 | | exterior water-based and oil-based coatings, primers, |
3 | | sealers, or wood coatings. |
4 | | (3) Describe how it will provide for the statewide |
5 | | collection of postconsumer architectural paint in the |
6 | | State. The manufacturer or representative organization may |
7 | | coordinate the program with existing household hazardous |
8 | | waste collection infrastructure as is mutually agreeable |
9 | | with the person operating the household waste collection |
10 | | infrastructure. |
11 | | (4) Provide a goal of sufficient number and geographic |
12 | | distribution of collection sites, collection services, or |
13 | | collection events for postconsumer architectural paint to |
14 | | meet the following criteria: |
15 | | (A) at least 90% of State residents shall have a |
16 | | collection site, collection service, or collection |
17 | | event within a 15-mile radius; and |
18 | | (B) at least one collection site, collection |
19 | | service, or collection event for every 50,000 |
20 | | residents of the State. |
21 | | (5) Describe how postconsumer paint will be managed |
22 | | using the following strategies: reuse, recycling, and |
23 | | disposal. |
24 | | (6) Describe education and outreach efforts to inform |
25 | | consumers about the program. These efforts should include: |
26 | | (A) information about collection opportunities for |
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1 | | postconsumer paint; |
2 | | (B) information about the fee for the operation of |
3 | | the program that shall be included in the purchase |
4 | | price of all architectural paint sold in the State; |
5 | | and |
6 | | (C) efforts to promote the source reduction, |
7 | | reuse, and recycling of architectural paint. |
8 | | (7) Include a certification from an independent |
9 | | auditor that any added fee to paint sold in the State as a |
10 | | result of the postconsumer paint stewardship program does |
11 | | not exceed the costs to operate and sustain the program in |
12 | | accordance with sound management practices. The |
13 | | independent auditor shall verify that the amount added to |
14 | | each unit of paint will cover the costs and sustain the |
15 | | postconsumer paint stewardship program. |
16 | | (8) Describe how the paint stewardship program will |
17 | | incorporate and compensate service providers for |
18 | | activities conducted under the program that may include: |
19 | | (A) the collection of postconsumer architectural |
20 | | paint and architectural paint containers through |
21 | | permanent collection sites, collection events, or |
22 | | curbside services; |
23 | | (B) the reuse or processing of postconsumer |
24 | | architectural paint at a permanent collection site; |
25 | | and |
26 | | (C) the transportation, recycling, and proper |
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1 | | disposal of postconsumer architectural paint. |
2 | | (c) Independent audits conducted for the purposes of this |
3 | | Act must be conducted in accordance with generally accepted |
4 | | auditing standards. The work product of the independent |
5 | | auditor shall be submitted to the Agency as part of the annual |
6 | | report required by Section 40. The cost of any work performed |
7 | | by the independent auditor shall be funded by the program. |
8 | | (d) Not later than 60 days after submission of the plan |
9 | | under this Section, the Agency shall determine in writing |
10 | | whether to approve the plan as submitted or disapprove the |
11 | | plan. The Agency shall approve a plan if it contains all of the |
12 | | information required under subsection (b). If the plan is |
13 | | disapproved, the manufacturer or representative organization |
14 | | shall resubmit a plan within 45 calendar days of receipt of the |
15 | | notice of disapproval. |
16 | | (e) If a manufacturer or representative organization |
17 | | determines that the paint stewardship fee should be adjusted |
18 | | because the independent audit reveals that the cost of |
19 | | administering the program exceeds the revenues generated by |
20 | | the paint stewardship fee, the manufacturer or representative |
21 | | organization shall submit to the Agency a justification for |
22 | | the adjustment as well as financial reports to support the |
23 | | adjustment, including a 5-year projection of the financial |
24 | | status of the organization. The submission shall include a |
25 | | certification from an independent auditor that the proposed |
26 | | fee adjustment will generate revenues necessary and sufficient |
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1 | | to pay the program expenses, including any accumulated debt, |
2 | | and develop a reasonable reserve level sufficient to sustain |
3 | | the program. The Agency shall approve the fee adjustment if |
4 | | the submission contains all of the information required under |
5 | | this subsection. |
6 | | (f) Within 45 calendar days after Agency approval of a |
7 | | plan, the Agency shall post on its website, and the |
8 | | manufacturer or representative organization shall post on its |
9 | | website, the names of the manufacturers participating in the |
10 | | plan, the brands of architectural paint covered by the |
11 | | program, and a copy of the plan. |
12 | | (g) Each manufacturer under the plan shall include in the |
13 | | price of any architectural paint sold to retailers or |
14 | | distributors in the State the per container amount of the fee |
15 | | set forth in the plan or fee adjustment. If a representative |
16 | | organization is implementing the plan for a manufacturer, the |
17 | | manufacturer is responsible for filing, reporting, and |
18 | | remitting the paint stewardship fee assessment for each |
19 | | container of architectural paint to the representative |
20 | | organization. A retailer or distributor shall not deduct the |
21 | | amount of the fee from the purchase price of any paint it |
22 | | sells. |
23 | | Section 20. Incineration prohibited. No person shall |
24 | | incinerate architectural paint collected pursuant to a paint |
25 | | stewardship plan approved in accordance with Section 15. |
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1 | | Section 25. Plan submission. The plan required by Section |
2 | | 15 shall be submitted not later than 12 months after the |
3 | | effective date of this Act. |
4 | | Section 30. Sale of paint. |
5 | | (a) A manufacturer or retailer shall not sell or offer for |
6 | | sale architectural paint to any person in the State unless the |
7 | | manufacturer of the paint brand or the manufacturer's |
8 | | representative organization is implementing a paint |
9 | | stewardship plan approved in accordance with Section 15. |
10 | | (b) A retailer shall not be in violation of subsection (a) |
11 | | if, on the date the architectural paint was sold or offered for |
12 | | sale, the paint or the paint's manufacturer are listed on the |
13 | | Agency's website pursuant to subsection (f) of Section 15. |
14 | | (c) A paint collection site accepting paint for a program |
15 | | approved under this Act shall not charge for the collection of |
16 | | the paint when it is offered for collection. |
17 | | (d) No retailer is required to participate in a paint |
18 | | stewardship program as a collection site. A retailer may |
19 | | participate as a paint collection site on a voluntary basis, |
20 | | subject to the same terms, conditions, and requirements that |
21 | | apply to any other collection site. |
22 | | (e) Nothing in this Act shall require a retailer to track, |
23 | | file, report, submit, or remit a paint stewardship assessment, |
24 | | sales data, or any other information on behalf of a |
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1 | | manufacturer, distributor, or representative organization.
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2 | | Nothing in this Act prohibits a manufacturer and a retailer |
3 | | from entering into remitter agreements. |
4 | | Section 35. Liability. A manufacturer or representative |
5 | | organization participating in a postconsumer paint stewardship |
6 | | program shall not be liable for any claim of a violation of |
7 | | antitrust, restraint of trade, unfair trade practice, or other |
8 | | anticompetitive conduct arising from conduct undertaken in |
9 | | accordance with the program. |
10 | | Section 40. Annual report. By July 1, 2026, and each July 1 |
11 | | thereafter, a manufacturer or representative organization |
12 | | shall submit a report to the Agency that details the |
13 | | implementation of the manufacturer's or representative |
14 | | organization's program during the prior calendar year. The |
15 | | report shall include: |
16 | | (1) a description of the methods used to collect and |
17 | | transport the postconsumer paint collected by the program; |
18 | | (2) the volume and type of postconsumer paint |
19 | | collected and a description of the methods used to process |
20 | | the paint, including reuse, recycling, and other methods; |
21 | | (3) samples of the educational materials provided to |
22 | | consumers of architectural paint; and |
23 | | (4) the total cost of the program and an independent |
24 | | financial audit of the program. An independent financial |
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1 | | auditor shall be chosen by the manufacturer or |
2 | | representative organization. |
3 | | The Agency and the manufacturer or manufacturer's |
4 | | representative organization shall post a copy of each annual |
5 | | report on their websites. |
6 | | Section 45. Disclosure. Financial, production, or sales |
7 | | data reported to the Agency by a manufacturer, retailer, or |
8 | | representative organization is confidential business |
9 | | information that is exempt from disclosure under the Freedom |
10 | | of Information Act.
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11 | | Section 50. Program plan submission fee. A manufacturer or |
12 | | representative organization submitting a program plan shall |
13 | | pay an administrative fee of $10,000 to the Agency at the time |
14 | | of submission. |
15 | | Section 55. Administration fee. By July 1, 2026, and each |
16 | | July 1 thereafter, a manufacturer or representative |
17 | | organization operating a stewardship program shall remit to |
18 | | the Agency a $40,000 administration fee. |
19 | | Section 57. Agency fees. All fees submitted to the Agency |
20 | | under this Act shall be deposited into the Solid Waste |
21 | | Management Fund to be used for costs associated with the |
22 | | administration of this Act. |
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1 | | Section 60. Implementation. Six months following the date |
2 | | of the program approval, a manufacturer or representative |
3 | | organization shall implement a postconsumer paint collection |
4 | | plan approved in accordance with Section 15. |
5 | | Section 65. Postconsumer paint from households and small |
6 | | businesses. |
7 | | (a) Delivery of leftover architectural paint by households |
8 | | and very small quantity generators to a collection site is |
9 | | authorized to the extent provided in the postconsumer paint |
10 | | program approved in accordance with Section 15 and in |
11 | | accordance with federal and State law, rules, and regulations. |
12 | | (b) Collection sites shall accept and temporarily store |
13 | | architectural paint from households and very small quantity |
14 | | generators to the extent provided in the postconsumer paint |
15 | | stewardship program approved in accordance with Section 15 and |
16 | | in accordance with federal and State law, rules, and |
17 | | regulations. |
18 | | (c) Nothing in this Act shall be construed as restricting |
19 | | the collection of architectural paint by a postconsumer paint |
20 | | stewardship program where the collection is authorized under |
21 | | any otherwise applicable hazardous waste or solid waste laws, |
22 | | rules, or regulations. |
23 | | (d) Nothing in this Act shall be construed to affect any |
24 | | requirements applicable to any person under any otherwise |
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1 | | applicable hazardous waste or solid waste laws, rules, or |
2 | | regulations.
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3 | | Section 70. Penalties. |
4 | | (a) Any person who violates any provision of this Act is |
5 | | liable for a civil penalty of $7,000 per violation, except |
6 | | that the failure to register or pay a fee under this Act shall |
7 | | cause the person who fails to register or pay the fee to be |
8 | | liable for a civil penalty that is double the applicable |
9 | | registration fee. |
10 | | (b) The penalties provided for in this Section may be |
11 | | recovered in a civil action brought in the name of the people |
12 | | of the State of Illinois by the State's Attorney of the county |
13 | | in which the violation occurred or by the Attorney General. |
14 | | Any penalties collected under this Section in an action in |
15 | | which the Attorney General has prevailed shall be deposited |
16 | | into the Environmental Protection Trust Fund, to be used in |
17 | | accordance with the provision of the Environmental Protection |
18 | | Trust Fund Act. |
19 | | (c) The Attorney General or the State's Attorney of a |
20 | | county in which a violation occurs may institute a civil |
21 | | action for an injunction, prohibitory or mandatory, to |
22 | | restrain violations of this Act or to require such actions as |
23 | | may be necessary to address violations of this Act. |
24 | | (d) The penalties and injunctions provided in this Act are |
25 | | in addition to any penalties, injunctions, or other relief |
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1 | | provided under any other State law. Nothing in this Act bars a |
2 | | cause of action by the State for any other penalty, |
3 | | injunction, or other relief provided by any other law. |
4 | | (e) Any person who knowingly makes a false, fictitious, or |
5 | | fraudulent material statement, orally or in writing, to the |
6 | | Agency, related to or required by this Act or any rule adopted |
7 | | under this Act commits a Class 4 felony, and each such |
8 | | statement or writing shall be considered a separate Class 4 |
9 | | felony. A person who, after being convicted under this |
10 | | subsection, violates this subsection a second or subsequent |
11 | | time commits a Class 3 felony. |
12 | | Section 905. The Freedom of Information Act is amended by |
13 | | changing Section 7.5 as follows:
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14 | | (5 ILCS 140/7.5)
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15 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
16 | | by the statutes referenced below, the following shall be |
17 | | exempt from inspection and copying: |
18 | | (a) All information determined to be confidential |
19 | | under Section 4002 of the Technology Advancement and |
20 | | Development Act. |
21 | | (b) Library circulation and order records identifying |
22 | | library users with specific materials under the Library |
23 | | Records Confidentiality Act. |
24 | | (c) Applications, related documents, and medical |
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1 | | records received by the Experimental Organ Transplantation |
2 | | Procedures Board and any and all documents or other |
3 | | records prepared by the Experimental Organ Transplantation |
4 | | Procedures Board or its staff relating to applications it |
5 | | has received. |
6 | | (d) Information and records held by the Department of |
7 | | Public Health and its authorized representatives relating |
8 | | to known or suspected cases of sexually transmissible |
9 | | disease or any information the disclosure of which is |
10 | | restricted under the Illinois Sexually Transmissible |
11 | | Disease Control Act. |
12 | | (e) Information the disclosure of which is exempted |
13 | | under Section 30 of the Radon Industry Licensing Act. |
14 | | (f) Firm performance evaluations under Section 55 of |
15 | | the Architectural, Engineering, and Land Surveying |
16 | | Qualifications Based Selection Act. |
17 | | (g) Information the disclosure of which is restricted |
18 | | and exempted under Section 50 of the Illinois Prepaid |
19 | | Tuition Act. |
20 | | (h) Information the disclosure of which is exempted |
21 | | under the State Officials and Employees Ethics Act, and |
22 | | records of any lawfully created State or local inspector |
23 | | general's office that would be exempt if created or |
24 | | obtained by an Executive Inspector General's office under |
25 | | that Act. |
26 | | (i) Information contained in a local emergency energy |
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1 | | plan submitted to a municipality in accordance with a |
2 | | local emergency energy plan ordinance that is adopted |
3 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
4 | | (j) Information and data concerning the distribution |
5 | | of surcharge moneys collected and remitted by carriers |
6 | | under the Emergency Telephone System Act. |
7 | | (k) Law enforcement officer identification information |
8 | | or driver identification information compiled by a law |
9 | | enforcement agency or the Department of Transportation |
10 | | under Section 11-212 of the Illinois Vehicle Code. |
11 | | (l) Records and information provided to a residential |
12 | | health care facility resident sexual assault and death |
13 | | review team or the Executive Council under the Abuse |
14 | | Prevention Review Team Act. |
15 | | (m) Information provided to the predatory lending |
16 | | database created pursuant to Article 3 of the Residential |
17 | | Real Property Disclosure Act, except to the extent |
18 | | authorized under that Article. |
19 | | (n) Defense budgets and petitions for certification of |
20 | | compensation and expenses for court appointed trial |
21 | | counsel as provided under Sections 10 and 15 of the |
22 | | Capital Crimes Litigation Act. This subsection (n) shall |
23 | | apply until the conclusion of the trial of the case, even |
24 | | if the prosecution chooses not to pursue the death penalty |
25 | | prior to trial or sentencing. |
26 | | (o) Information that is prohibited from being |
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1 | | disclosed under Section 4 of the Illinois Health and |
2 | | Hazardous Substances Registry Act. |
3 | | (p) Security portions of system safety program plans, |
4 | | investigation reports, surveys, schedules, lists, data, or |
5 | | information compiled, collected, or prepared by or for the |
6 | | Department of Transportation under Sections 2705-300 and |
7 | | 2705-616 of the Department of Transportation Law of the |
8 | | Civil Administrative Code of Illinois, the Regional |
9 | | Transportation Authority under Section 2.11 of the |
10 | | Regional Transportation Authority Act, or the St. Clair |
11 | | County Transit District under the Bi-State Transit Safety |
12 | | Act. |
13 | | (q) Information prohibited from being disclosed by the |
14 | | Personnel Record Review Act. |
15 | | (r) Information prohibited from being disclosed by the |
16 | | Illinois School Student Records Act. |
17 | | (s) Information the disclosure of which is restricted |
18 | | under Section 5-108 of the Public Utilities Act.
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19 | | (t) All identified or deidentified health information |
20 | | in the form of health data or medical records contained |
21 | | in, stored in, submitted to, transferred by, or released |
22 | | from the Illinois Health Information Exchange, and |
23 | | identified or deidentified health information in the form |
24 | | of health data and medical records of the Illinois Health |
25 | | Information Exchange in the possession of the Illinois |
26 | | Health Information Exchange Office due to its |
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1 | | administration of the Illinois Health Information |
2 | | Exchange. The terms "identified" and "deidentified" shall |
3 | | be given the same meaning as in the Health Insurance |
4 | | Portability and Accountability Act of 1996, Public Law |
5 | | 104-191, or any subsequent amendments thereto, and any |
6 | | regulations promulgated thereunder. |
7 | | (u) Records and information provided to an independent |
8 | | team of experts under the Developmental Disability and |
9 | | Mental Health Safety Act (also known as Brian's Law). |
10 | | (v) Names and information of people who have applied |
11 | | for or received Firearm Owner's Identification Cards under |
12 | | the Firearm Owners Identification Card Act or applied for |
13 | | or received a concealed carry license under the Firearm |
14 | | Concealed Carry Act, unless otherwise authorized by the |
15 | | Firearm Concealed Carry Act; and databases under the |
16 | | Firearm Concealed Carry Act, records of the Concealed |
17 | | Carry Licensing Review Board under the Firearm Concealed |
18 | | Carry Act, and law enforcement agency objections under the |
19 | | Firearm Concealed Carry Act. |
20 | | (v-5) Records of the Firearm Owner's Identification |
21 | | Card Review Board that are exempted from disclosure under |
22 | | Section 10 of the Firearm Owners Identification Card Act. |
23 | | (w) Personally identifiable information which is |
24 | | exempted from disclosure under subsection (g) of Section |
25 | | 19.1 of the Toll Highway Act. |
26 | | (x) Information which is exempted from disclosure |
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1 | | under Section 5-1014.3 of the Counties Code or Section |
2 | | 8-11-21 of the Illinois Municipal Code. |
3 | | (y) Confidential information under the Adult |
4 | | Protective Services Act and its predecessor enabling |
5 | | statute, the Elder Abuse and Neglect Act, including |
6 | | information about the identity and administrative finding |
7 | | against any caregiver of a verified and substantiated |
8 | | decision of abuse, neglect, or financial exploitation of |
9 | | an eligible adult maintained in the Registry established |
10 | | under Section 7.5 of the Adult Protective Services Act. |
11 | | (z) Records and information provided to a fatality |
12 | | review team or the Illinois Fatality Review Team Advisory |
13 | | Council under Section 15 of the Adult Protective Services |
14 | | Act. |
15 | | (aa) Information which is exempted from disclosure |
16 | | under Section 2.37 of the Wildlife Code. |
17 | | (bb) Information which is or was prohibited from |
18 | | disclosure by the Juvenile Court Act of 1987. |
19 | | (cc) Recordings made under the Law Enforcement |
20 | | Officer-Worn Body Camera Act, except to the extent |
21 | | authorized under that Act. |
22 | | (dd) Information that is prohibited from being |
23 | | disclosed under Section 45 of the Condominium and Common |
24 | | Interest Community Ombudsperson Act. |
25 | | (ee) Information that is exempted from disclosure |
26 | | under Section 30.1 of the Pharmacy Practice Act. |
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1 | | (ff) Information that is exempted from disclosure |
2 | | under the Revised Uniform Unclaimed Property Act. |
3 | | (gg) Information that is prohibited from being |
4 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
5 | | Code. |
6 | | (hh) Records that are exempt from disclosure under |
7 | | Section 1A-16.7 of the Election Code. |
8 | | (ii) Information which is exempted from disclosure |
9 | | under Section 2505-800 of the Department of Revenue Law of |
10 | | the Civil Administrative Code of Illinois. |
11 | | (jj) Information and reports that are required to be |
12 | | submitted to the Department of Labor by registering day |
13 | | and temporary labor service agencies but are exempt from |
14 | | disclosure under subsection (a-1) of Section 45 of the Day |
15 | | and Temporary Labor Services Act. |
16 | | (kk) Information prohibited from disclosure under the |
17 | | Seizure and Forfeiture Reporting Act. |
18 | | (ll) Information the disclosure of which is restricted |
19 | | and exempted under Section 5-30.8 of the Illinois Public |
20 | | Aid Code. |
21 | | (mm) Records that are exempt from disclosure under |
22 | | Section 4.2 of the Crime Victims Compensation Act. |
23 | | (nn) Information that is exempt from disclosure under |
24 | | Section 70 of the Higher Education Student Assistance Act. |
25 | | (oo) Communications, notes, records, and reports |
26 | | arising out of a peer support counseling session |
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1 | | prohibited from disclosure under the First Responders |
2 | | Suicide Prevention Act. |
3 | | (pp) Names and all identifying information relating to |
4 | | an employee of an emergency services provider or law |
5 | | enforcement agency under the First Responders Suicide |
6 | | Prevention Act. |
7 | | (qq) Information and records held by the Department of |
8 | | Public Health and its authorized representatives collected |
9 | | under the Reproductive Health Act. |
10 | | (rr) Information that is exempt from disclosure under |
11 | | the Cannabis Regulation and Tax Act. |
12 | | (ss) Data reported by an employer to the Department of |
13 | | Human Rights pursuant to Section 2-108 of the Illinois |
14 | | Human Rights Act. |
15 | | (tt) Recordings made under the Children's Advocacy |
16 | | Center Act, except to the extent authorized under that |
17 | | Act. |
18 | | (uu) Information that is exempt from disclosure under |
19 | | Section 50 of the Sexual Assault Evidence Submission Act. |
20 | | (vv) Information that is exempt from disclosure under |
21 | | subsections (f) and (j) of Section 5-36 of the Illinois |
22 | | Public Aid Code. |
23 | | (ww) Information that is exempt from disclosure under |
24 | | Section 16.8 of the State Treasurer Act. |
25 | | (xx) Information that is exempt from disclosure or |
26 | | information that shall not be made public under the |
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1 | | Illinois Insurance Code. |
2 | | (yy) Information prohibited from being disclosed under |
3 | | the Illinois Educational Labor Relations Act. |
4 | | (zz) Information prohibited from being disclosed under |
5 | | the Illinois Public Labor Relations Act. |
6 | | (aaa) Information prohibited from being disclosed |
7 | | under Section 1-167 of the Illinois Pension Code. |
8 | | (bbb) Information that is prohibited from disclosure |
9 | | by the Illinois Police Training Act and the Illinois State |
10 | | Police Act. |
11 | | (ccc) Records exempt from disclosure under Section
|
12 | | 2605-304 of the Illinois State Police Law of the Civil
|
13 | | Administrative Code of Illinois. |
14 | | (ddd) Information prohibited from being disclosed |
15 | | under Section 35 of the Address Confidentiality for |
16 | | Victims of Domestic Violence, Sexual Assault, Human |
17 | | Trafficking, or Stalking Act. |
18 | | (eee) Information prohibited from being disclosed |
19 | | under subsection (b) of Section 75 of the Domestic |
20 | | Violence Fatality Review Act. |
21 | | (fff) Images from cameras under the Expressway Camera |
22 | | Act. This subsection (fff) is inoperative on and after |
23 | | July 1, 2023. |
24 | | (ggg) Information prohibited from disclosure under |
25 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
26 | | Agency Licensing Act. |
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1 | | (hhh) Information submitted to the Illinois Department |
2 | | of State Police in an affidavit or application for an |
3 | | assault weapon endorsement, assault weapon attachment |
4 | | endorsement, .50 caliber rifle endorsement, or .50 caliber |
5 | | cartridge endorsement under the Firearm Owners |
6 | | Identification Card Act. |
7 | | (iii) Confidential business information prohibited |
8 | | from disclosure under Section 45 of the Paint Stewardship |
9 | | Act. |
10 | | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; |
11 | | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. |
12 | | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, |
13 | | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; |
14 | | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. |
15 | | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, |
16 | | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; |
17 | | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. |
18 | | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised |
19 | | 2-13-23.) |
20 | | Section 910. The Environmental Protection Act is amended |
21 | | by changing Section 22.25 as follows:
|
22 | | (415 ILCS 5/22.15)
|
23 | | Sec. 22.15. Solid Waste Management Fund; fees.
|
24 | | (a) There is hereby created within the State Treasury a
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1 | | special fund to be known as the Solid Waste Management Fund, to |
2 | | be
constituted from the fees collected by the State pursuant |
3 | | to this Section,
from repayments of loans made from the Fund |
4 | | for solid waste projects, from registration fees collected |
5 | | pursuant to the Consumer Electronics Recycling Act, from fees |
6 | | collected under the Paint Stewardship Act, and from amounts |
7 | | transferred into the Fund pursuant to Public Act 100-433.
|
8 | | Moneys received by either the Agency or the Department of |
9 | | Commerce and Economic Opportunity
in repayment of loans made |
10 | | pursuant to the Illinois Solid Waste Management
Act shall be |
11 | | deposited into the General Revenue Fund.
|
12 | | (b) The Agency shall assess and collect a
fee in the amount |
13 | | set forth herein from the owner or operator of each sanitary
|
14 | | landfill permitted or required to be permitted by the Agency |
15 | | to dispose of
solid waste if the sanitary landfill is located |
16 | | off the site where such waste
was produced and if such sanitary |
17 | | landfill is owned, controlled, and operated
by a person other |
18 | | than the generator of such waste. The Agency shall deposit
all |
19 | | fees collected into the Solid Waste Management Fund. If a site |
20 | | is
contiguous to one or more landfills owned or operated by the |
21 | | same person, the
volumes permanently disposed of by each |
22 | | landfill shall be combined for purposes
of determining the fee |
23 | | under this subsection. Beginning on July 1, 2018, and on the |
24 | | first day of each month thereafter during fiscal years 2019 |
25 | | through 2023, the State Comptroller shall direct and State |
26 | | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 |
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1 | | per fiscal year from the Solid Waste Management Fund to the |
2 | | General Revenue Fund.
|
3 | | (1) If more than 150,000 cubic yards of non-hazardous |
4 | | solid waste is
permanently disposed of at a site in a |
5 | | calendar year, the owner or operator
shall either pay a |
6 | | fee of 95 cents per cubic yard or,
alternatively, the |
7 | | owner or operator may weigh the quantity of the solid |
8 | | waste
permanently disposed of with a device for which |
9 | | certification has been obtained
under the Weights and |
10 | | Measures Act and pay a fee of $2.00 per
ton of solid waste |
11 | | permanently disposed of. In no case shall the fee |
12 | | collected
or paid by the owner or operator under this |
13 | | paragraph exceed $1.55 per cubic yard or $3.27 per ton.
|
14 | | (2) If more than 100,000 cubic yards but not more than |
15 | | 150,000 cubic
yards of non-hazardous waste is permanently |
16 | | disposed of at a site in a calendar
year, the owner or |
17 | | operator shall pay a fee of $52,630.
|
18 | | (3) If more than 50,000 cubic yards but not more than |
19 | | 100,000 cubic
yards of non-hazardous solid waste is |
20 | | permanently disposed of at a site
in a calendar year, the |
21 | | owner or operator shall pay a fee of $23,790.
|
22 | | (4) If more than 10,000 cubic yards but not more than |
23 | | 50,000 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 $7,260.
|
26 | | (5) If not more than 10,000 cubic yards of |
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1 | | non-hazardous solid waste is
permanently disposed of at a |
2 | | site in a calendar year, the owner or operator
shall pay a |
3 | | fee of $1050.
|
4 | | (c) (Blank).
|
5 | | (d) The Agency shall establish rules relating to the |
6 | | collection of the
fees authorized by this Section. Such rules |
7 | | shall include, but not be
limited to:
|
8 | | (1) necessary records identifying the quantities of |
9 | | solid waste received
or disposed;
|
10 | | (2) the form and submission of reports to accompany |
11 | | the payment of fees
to the Agency;
|
12 | | (3) the time and manner of payment of fees to the |
13 | | Agency, which payments
shall not be more often than |
14 | | quarterly; and
|
15 | | (4) procedures setting forth criteria establishing |
16 | | when an owner or
operator may measure by weight or volume |
17 | | during any given quarter or other
fee payment period.
|
18 | | (e) Pursuant to appropriation, all monies in the Solid |
19 | | Waste Management
Fund shall be used by the Agency for the |
20 | | purposes set forth in this Section and in the Illinois
Solid |
21 | | Waste Management Act, including for the costs of fee |
22 | | collection and
administration, for administration of the Paint |
23 | | Stewardship Act, and for the administration of the Consumer |
24 | | Electronics Recycling Act and the Drug Take-Back Act.
|
25 | | (f) The Agency is authorized to enter into such agreements |
26 | | and to
promulgate such rules as are necessary to carry out its |
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1 | | duties under this
Section and the Illinois Solid Waste |
2 | | Management Act.
|
3 | | (g) On the first day of January, April, July, and October |
4 | | of each year,
beginning on July 1, 1996, the State Comptroller |
5 | | and Treasurer shall
transfer $500,000 from the Solid Waste |
6 | | Management Fund to the Hazardous Waste
Fund. Moneys |
7 | | transferred under this subsection (g) shall be used only for |
8 | | the
purposes set forth in item (1) of subsection (d) of Section |
9 | | 22.2.
|
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 subsection (r) of Section 4 Section 4(r) at nonhazardous |
14 | | solid
waste disposal sites.
|
15 | | (i) The Agency is authorized to conduct household waste |
16 | | collection and
disposal programs.
|
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 |
20 | | with regard to the permanent disposal of solid waste.
All |
21 | | fees, taxes, and surcharges collected under this subsection |
22 | | shall be
utilized for solid waste management purposes, |
23 | | including long-term monitoring
and maintenance of landfills, |
24 | | planning, implementation, inspection, enforcement
and other |
25 | | activities consistent with the Solid Waste Management Act and |
26 | | the
Local Solid Waste Disposal Act, or for any other |
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1 | | environment-related purpose,
including, but not limited to, an |
2 | | environment-related public works project, but
not for the |
3 | | construction of a new pollution control facility other than a
|
4 | | household hazardous waste facility. However, the total fee, |
5 | | tax or surcharge
imposed by all units of local government |
6 | | under this subsection (j) upon the
solid waste disposal |
7 | | facility shall not exceed:
|
8 | | (1) 60¢ per cubic yard if more than 150,000 cubic |
9 | | yards of non-hazardous
solid waste is permanently disposed |
10 | | of at the site in a calendar year, unless
the owner or |
11 | | operator weighs the quantity of the solid waste received |
12 | | with a
device for which certification has been obtained |
13 | | under the Weights and Measures
Act, in which case the fee |
14 | | shall not exceed $1.27 per ton of solid waste
permanently |
15 | | disposed of.
|
16 | | (2) $33,350 if more than 100,000
cubic yards, but not |
17 | | more than 150,000 cubic yards, of non-hazardous waste
is |
18 | | permanently disposed of at the site in a calendar year.
|
19 | | (3) $15,500 if more than 50,000 cubic
yards, but not |
20 | | more than 100,000 cubic yards, of non-hazardous solid |
21 | | waste is
permanently disposed of at the site in a calendar |
22 | | year.
|
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
|
25 | | is permanently disposed of at the site in a calendar year.
|
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 |
2 | | the site in
a calendar year.
|
3 | | The corporate authorities of the unit of local government
|
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 |
10 | | ordinance.
|
11 | | For the disposal of solid waste from general construction
|
12 | | or demolition debris recovery facilities as defined in |
13 | | subsection (a-1) of Section 3.160, the total fee, tax, or |
14 | | surcharge imposed by
all units of local government under this |
15 | | subsection (j) upon
the solid waste disposal facility shall |
16 | | not exceed 50% of the
applicable amount set forth above. A unit |
17 | | of local government,
as defined in the Local Solid Waste |
18 | | Disposal Act, in which a
general construction or demolition |
19 | | debris recovery facility is
located may establish a fee, tax, |
20 | | or surcharge on the general construction or demolition debris |
21 | | recovery facility with
regard to the permanent disposal of |
22 | | solid waste by the
general construction or demolition debris |
23 | | recovery facility at
a solid waste disposal facility, provided |
24 | | that such fee, tax,
or surcharge shall not exceed 50% of the |
25 | | applicable amount set
forth above, based on the total amount |
26 | | of solid waste transported from the general construction or |
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1 | | demolition debris recovery facility for disposal at solid |
2 | | waste disposal facilities, and the unit of local government |
3 | | and fee shall be
subject to all other requirements of this |
4 | | subsection (j). |
5 | | A county or Municipal Joint Action Agency that imposes a |
6 | | fee, tax, or
surcharge under this subsection may use the |
7 | | proceeds thereof to reimburse a
municipality that lies wholly |
8 | | or partially within its boundaries for expenses
incurred in |
9 | | the removal of nonhazardous, nonfluid municipal waste that has |
10 | | been
dumped on public property in violation of a State law or |
11 | | local ordinance.
|
12 | | If the fees are to be used to conduct a local sanitary |
13 | | landfill
inspection or enforcement program, the unit of local |
14 | | government must enter
into a written delegation agreement with |
15 | | the Agency pursuant to subsection
(r) of Section 4. The unit of |
16 | | local government and the Agency shall enter
into such a |
17 | | written delegation agreement within 60 days after the
|
18 | | establishment of such fees. At least annually,
the Agency |
19 | | shall conduct an audit of the expenditures made by units of |
20 | | local
government from the funds granted by the Agency to the |
21 | | units of local
government for purposes of local sanitary |
22 | | landfill inspection and enforcement
programs, to ensure that |
23 | | the funds have been expended for the prescribed
purposes under |
24 | | the grant.
|
25 | | The fees, taxes or surcharges collected under this |
26 | | subsection (j) shall
be placed by the unit of local government |
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1 | | in a separate fund, and the
interest received on the moneys in |
2 | | the fund shall be credited to the fund. The
monies in the fund |
3 | | may be accumulated over a period of years to be
expended in |
4 | | accordance with this subsection.
|
5 | | A unit of local government, as defined in the Local Solid |
6 | | Waste Disposal
Act, shall prepare and post on its website, in |
7 | | April of each year, a
report that details spending plans for |
8 | | monies collected in accordance with
this subsection. The |
9 | | report will at a minimum include the following:
|
10 | | (1) The total monies collected pursuant to this |
11 | | subsection.
|
12 | | (2) The most current balance of monies collected |
13 | | pursuant to this
subsection.
|
14 | | (3) An itemized accounting of all monies expended for |
15 | | the previous year
pursuant to this subsection.
|
16 | | (4) An estimation of monies to be collected for the |
17 | | following 3
years pursuant to this subsection.
|
18 | | (5) A narrative detailing the general direction and |
19 | | scope of future
expenditures for one, 2 and 3 years.
|
20 | | The exemptions granted under Sections 22.16 and 22.16a, |
21 | | and under
subsection (k) of this Section, shall be applicable |
22 | | to any fee,
tax or surcharge imposed under this subsection |
23 | | (j); except that the fee,
tax or surcharge authorized to be |
24 | | imposed under this subsection (j) may be
made applicable by a |
25 | | unit of local government to the permanent disposal of
solid |
26 | | waste after December 31, 1986, under any contract lawfully |
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1 | | executed
before June 1, 1986 under which more than 150,000 |
2 | | cubic yards (or 50,000 tons)
of solid waste is to be |
3 | | permanently disposed of, even though the waste is
exempt from |
4 | | the fee imposed by the State under subsection (b) of this |
5 | | Section
pursuant to an exemption granted under Section 22.16.
|
6 | | (k) In accordance with the findings and purposes of the |
7 | | Illinois Solid
Waste Management Act, beginning January 1, 1989 |
8 | | the fee under subsection
(b) and the fee, tax or surcharge |
9 | | under subsection (j) shall not apply to:
|
10 | | (1) waste which is hazardous waste;
|
11 | | (2) waste which is pollution control waste;
|
12 | | (3) waste from recycling, reclamation or reuse |
13 | | processes which have been
approved by the Agency as being |
14 | | designed to remove any contaminant from
wastes so as to |
15 | | render such wastes reusable, provided that the process
|
16 | | renders at least 50% of the waste reusable; the exemption |
17 | | set forth in this paragraph (3) of this subsection (k) |
18 | | shall not apply to general construction or demolition |
19 | | debris recovery
facilities as defined in subsection (a-1) |
20 | | of Section 3.160;
|
21 | | (4) non-hazardous solid waste that is received at a |
22 | | sanitary landfill
and composted or recycled through a |
23 | | process permitted by the Agency; or
|
24 | | (5) any landfill which is permitted by the Agency to |
25 | | receive only
demolition or construction debris or |
26 | | landscape waste.
|
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1 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
2 | | 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. |
3 | | 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; |
4 | | 102-1055, eff. 6-10-22; revised 8-25-22.)
|