Rep. Natalie A. Manley
Filed: 4/24/2023
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1 | AMENDMENT TO SENATE BILL 836
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2 | AMENDMENT NO. ______. Amend Senate Bill 836 on page 13, | ||||||
3 | immediately below line 18, by inserting the following:
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4 | "Section 57. Agency fees. All fees submitted to the Agency | ||||||
5 | under this Act shall be deposited into the Solid Waste | ||||||
6 | Management Fund to be used for costs associated with the | ||||||
7 | administration of this Act."; and | ||||||
8 | on page 25, immediately below line 14, by inserting the | ||||||
9 | following: | ||||||
10 | "Section 910. The Environmental Protection Act is amended | ||||||
11 | by changing Section 22.25 as follows:
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12 | (415 ILCS 5/22.15)
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13 | Sec. 22.15. Solid Waste Management Fund; fees.
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14 | (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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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4 | (c) (Blank).
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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:
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8 | (1) necessary records identifying the quantities of | ||||||
9 | solid waste received
or disposed;
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10 | (2) the form and submission of reports to accompany | ||||||
11 | the payment of fees
to the Agency;
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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
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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.
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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.
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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.
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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.
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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.
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15 | (i) The Agency is authorized to conduct household waste | ||||||
16 | collection and
disposal programs.
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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
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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:
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8 | (1) 60ยข 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.
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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.
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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.
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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
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25 | is permanently disposed of at the site in a calendar year.
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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.
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3 | The corporate authorities of the unit of local government
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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.
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11 | For the disposal of solid waste from general construction
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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.
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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
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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.
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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.
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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:
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10 | (1) The total monies collected pursuant to this | ||||||
11 | subsection.
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12 | (2) The most current balance of monies collected | ||||||
13 | pursuant to this
subsection.
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14 | (3) An itemized accounting of all monies expended for | ||||||
15 | the previous year
pursuant to this subsection.
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16 | (4) An estimation of monies to be collected for the | ||||||
17 | following 3
years pursuant to this subsection.
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18 | (5) A narrative detailing the general direction and | ||||||
19 | scope of future
expenditures for one, 2 and 3 years.
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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.
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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:
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10 | (1) waste which is hazardous waste;
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11 | (2) waste which is pollution control waste;
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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
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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;
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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
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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.)".
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