Sen. David Koehler
Filed: 4/26/2023
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1 | AMENDMENT TO SENATE BILL 1555
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2 | AMENDMENT NO. ______. Amend Senate Bill 1555 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Statewide Recycling Needs Assessment and Postconsumer Recycled | ||||||
6 | Content Act. | ||||||
7 | Section 5. Findings and purpose. The General Assembly | ||||||
8 | finds that: | ||||||
9 | (1) Recycling rates have been stagnant in Illinois for | ||||||
10 | over 15 years. Many Illinois counties continue to fall short | ||||||
11 | of the long-standing recycling goal of 25% established in 1988 | ||||||
12 | in the Solid Waste Planning and Recycling Act. | ||||||
13 | (2) In Illinois, more than 40% (over 7,000,000 tons per | ||||||
14 | year) of municipal solid waste disposed of in landfills is | ||||||
15 | comprised of packaging and paper products. Of this amount, | ||||||
16 | nearly 80% consists of materials commonly collected in |
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1 | curbside recycling programs in areas of the State with mature | ||||||
2 | recycling programs. The remainder includes packaging products | ||||||
3 | such as polystyrene, #3-#7 plastics, plastic bags, flexible | ||||||
4 | pouches, and other plastic films which are not currently | ||||||
5 | acceptable in curbside recycling and for which limited | ||||||
6 | drop-off recycling options exist.
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7 | (3) Consumers have limited sustainable purchasing choices. | ||||||
8 | Illinois residents are generating packaging and paper waste | ||||||
9 | that is beyond their ability to reuse or recycle. Consumers | ||||||
10 | are also given confusing, inconsistent messages through | ||||||
11 | various means about which materials can be recycled, and thus | ||||||
12 | inadvertently create contamination in recycling streams. There | ||||||
13 | is widespread recycling fatigue and public skepticism about | ||||||
14 | the efficacy of recycling in Illinois.
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15 | (4) Volatility in global recycling markets due to import | ||||||
16 | restrictions such as the China National Sword policy, as well | ||||||
17 | as impacts on supply chains and material demand due to the | ||||||
18 | COVID-19 pandemic, have further challenged markets for | ||||||
19 | recycled materials and destabilized the recycling system in | ||||||
20 | the State.
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21 | (5) Significant and increasing quantities of plastics and | ||||||
22 | packaging materials are seen in the environment, including in | ||||||
23 | Illinois rivers, lakes, and streams. This pollution impacts | ||||||
24 | the drinking water, wildlife, and recreational value of vital | ||||||
25 | natural resources.
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26 | (6) Consumer brands are solely responsible for choices |
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1 | about the types and amounts of packaging used to package | ||||||
2 | products. Units of local government and residents must, | ||||||
3 | therefore, manage increasingly complex materials even though | ||||||
4 | they have no input in designing or bringing these materials to | ||||||
5 | market.
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6 | (7) Units of local government are expected to fund | ||||||
7 | collection and processing costs for an increasing volume of | ||||||
8 | packaging and paper products, and the cost of recycling | ||||||
9 | programs continues to rise with the complexity of the material | ||||||
10 | stream that material recycling facilities are required to | ||||||
11 | manage. Furthermore, many multifamily residences and rural | ||||||
12 | areas of the State do not have access to adequate recycling | ||||||
13 | opportunities.
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14 | (8) As materials continue to be landfilled and littered, | ||||||
15 | lower-income and rural communities across the State bear | ||||||
16 | environmental, health, and economic consequences.
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17 | (9) By failing to reuse or recycle packaging and paper | ||||||
18 | products, Illinois loses economic value and green sector jobs. | ||||||
19 | Establishing postconsumer recycled content requirements for | ||||||
20 | rigid plastics will increase markets for this increasingly | ||||||
21 | common packaging material, reduce demand for natural | ||||||
22 | resources, and reduce greenhouse gas emissions.
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23 | (10) An assessment of current recycling and materials | ||||||
24 | management practices in the State, including evaluation of | ||||||
25 | collections, access to service, capacity, costs, gaps, and | ||||||
26 | needs associated with diverting packaging and paper products |
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1 | from disposal, will provide needed information on current | ||||||
2 | conditions and support identification of future needs to | ||||||
3 | manage packaging and paper products in a sustainable, | ||||||
4 | environmentally protective, and cost-effective manner.
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5 | (11) The Statewide Recycling Needs Assessment will provide | ||||||
6 | data to facilitate future consideration of producer | ||||||
7 | responsibility or product stewardship legislation for | ||||||
8 | packaging and paper products, including to establish | ||||||
9 | performance targets, calculate cost impacts, and assign | ||||||
10 | responsibilities.
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11 | Section 10. Definitions. In this Act: | ||||||
12 | "Advisory Council" means the Statewide Recycling Needs | ||||||
13 | Assessment Advisory Council established under Section 20.
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14 | "Agency" means the Environmental Protection Agency.
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15 | "Compost" has the meaning given to that term in Section | ||||||
16 | 3.150 of the Environmental Protection Act.
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17 | "Compostable material" means a material that is designed | ||||||
18 | to contact, contain, or carry a product that can be collected | ||||||
19 | for composting and that is capable of undergoing aerobic | ||||||
20 | biological decomposition in a controlled composting system as | ||||||
21 | demonstrated by meeting ASTM D6400, ASTM D6868, or any | ||||||
22 | successor standards.
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23 | "Composting rate" means the percentage of discarded | ||||||
24 | materials that are managed through composting. A composting | ||||||
25 | rate is calculated by dividing the total weight of all |
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1 | packaging and paper products that are collected for composting | ||||||
2 | by the total weight of all packaging and paper products sold, | ||||||
3 | distributed, or served to consumers in the State during the | ||||||
4 | study period.
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5 | "Covered entity" means a person or entity responsible for: | ||||||
6 | (1) a single or multifamily residence, either | ||||||
7 | individually or jointly through a unit of local | ||||||
8 | government;
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9 | (2) a public or private school for grades kindergarten | ||||||
10 | through 12th grade;
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11 | (3) a State or local government facility; or
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12 | (4) a public space, including, but not limited to, | ||||||
13 | public spaces, such as parks, trails, transit stations, | ||||||
14 | and pedestrian areas for which the State or a unit of local | ||||||
15 | government is responsible.
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16 | "Curbside recycling" means the collection of recyclable | ||||||
17 | materials from covered entities at the site where the | ||||||
18 | recyclable materials are generated.
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19 | "Director" means the Director of the Agency.
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20 | "Drop-off recycling" means the collection of recyclable | ||||||
21 | material from covered entities at one or more centralized | ||||||
22 | sites.
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23 | "Environmental justice community" means environmental | ||||||
24 | justice community as defined by the Illinois Solar for All | ||||||
25 | Program, as that definition is updated from time to time by the | ||||||
26 | Illinois Power Agency and the Administrator of the Illinois |
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1 | Solar for All Program.
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2 | "Hauler" means a person who collects recyclable or | ||||||
3 | compostable materials and transports them to a MRF or compost | ||||||
4 | facility, or to an intermediate facility from which materials | ||||||
5 | are then transported to a MRF or compost facility.
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6 | "Material recovery facility" or "MRF" means a facility | ||||||
7 | where recyclable materials collected via curbside recycling or | ||||||
8 | drop-off recycling are consolidated and sorted for return to | ||||||
9 | the economic mainstream in the form of raw materials.
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10 | "Nonprofit organization" means a tax-exempt charitable or | ||||||
11 | social welfare organization operating under 26 U.S.C. | ||||||
12 | 501(c)(3) or 501(c)(4) of the federal Internal Revenue Code of | ||||||
13 | 1986.
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14 | "Packaging" means a discrete material or category of | ||||||
15 | material, regardless of recyclability. "Packaging" includes, | ||||||
16 | but is not limited to, a material type, such as paper, plastic, | ||||||
17 | glass, metal, or multi-material, that is:
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18 | (1) used to protect, contain, transport, or serve a | ||||||
19 | product;
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20 | (2) sold or supplied to consumers expressly for the | ||||||
21 | purpose of protecting, containing, transporting, or | ||||||
22 | serving products;
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23 | (3) attached to a product or its container for the | ||||||
24 | purpose of marketing or communicating information about | ||||||
25 | the product;
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26 | (4) supplied at the point of sale to facilitate the |
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1 | delivery of the product; or
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2 | (5) supplied to or purchased by consumers expressly | ||||||
3 | for the purpose of facilitating food or beverage | ||||||
4 | consumption and ordinarily disposed of after a single use | ||||||
5 | or short-term use, whether or not it could be reused.
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6 | "Packaging" does not include:
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7 | (1) a medical device or packaging that is included | ||||||
8 | with products regulated:
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9 | (A) as a drug, medical device, or dietary | ||||||
10 | supplement by the United States Food and Drug | ||||||
11 | Administration under the Federal Food, Drug, and | ||||||
12 | Cosmetic Act;
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13 | (B) as a combination product as defined under 21 | ||||||
14 | CFR 3.2(e); or
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15 | (C) under the federal Dietary Supplement Health | ||||||
16 | and Education Act of 1994;
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17 | (2) animal biologics, including, but not limited to, | ||||||
18 | vaccines, bacterins, antisera, diagnostic kits, other | ||||||
19 | products of biological origin, and other packaging and | ||||||
20 | paper products regulated by the United States Department | ||||||
21 | of Agriculture under the federal Virus, Serum, Toxin Act;
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22 | (3) packaging regulated under the Federal Insecticide, | ||||||
23 | Fungicide, and Rodenticide Act or another applicable | ||||||
24 | federal law, rule, or regulation; and
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25 | (4) beverage containers subject to a returnable | ||||||
26 | container deposit, if applicable.
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1 | "Paper product" means:
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2 | (1) paper that can or has been printed on to create | ||||||
3 | flyers, brochures, booklets, catalogs, greeting cards, | ||||||
4 | telephone directories, newspapers, magazines; and
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5 | (2) paper used for copying, writing, or any other | ||||||
6 | general use.
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7 | "Paper product" does not include:
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8 | (1) paper that, by virtue of its anticipated use, | ||||||
9 | could become unsafe or unsanitary to recycle; or
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10 | (2) any form of bound book, including, but not limited | ||||||
11 | to, bound books for literary, textual, or reference | ||||||
12 | purposes.
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13 | "Person" means any individual, partnership, copartnership, | ||||||
14 | firm, company, limited liability company, corporation, | ||||||
15 | association, joint-stock company, trust, estate, political | ||||||
16 | subdivision, State agency, any other legal entity, or their | ||||||
17 | legal representative, agent, or assign.
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18 | "Postconsumer material" means packaging or paper products | ||||||
19 | that have served their intended end use as consumer items. | ||||||
20 | "Postconsumer material" does not include a by-product or waste | ||||||
21 | material generated during or after the completion of a | ||||||
22 | manufacturing or converting process.
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23 | "Postconsumer recycled content" means the portion of an | ||||||
24 | item of packaging or paper product made from postconsumer | ||||||
25 | material that has been recycled.
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26 | "Producer" means the following:
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1 | (1) For products sold, offered for sale, distributed, | ||||||
2 | or served in packaging to consumers at a physical retail | ||||||
3 | location in this State:
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4 | (A) the product's manufacturer, if the product is | ||||||
5 | sold, offered for sale, distributed, or served in | ||||||
6 | packaging under the product manufacturer's own brand | ||||||
7 | or in packaging that lacks identification of a brand;
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8 | (B) except as provided under subparagraph (C), the | ||||||
9 | owner of the brand under which the product is sold, | ||||||
10 | offered for sale, distributed, or served to consumers, | ||||||
11 | if the product is sold, offered for sale, distributed, | ||||||
12 | or served to consumers under a brand other than the | ||||||
13 | product manufacturer's own brand;
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14 | (C) the manufacturer of the packaging and not its | ||||||
15 | retailer, if the product is manufactured on behalf of | ||||||
16 | a retailer and is sold, offered for sale, distributed, | ||||||
17 | or served under the retailer's brand or is licensed or | ||||||
18 | trademarked by the retailer; or
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19 | (D) if there is no person described in | ||||||
20 | subparagraph (A), (B), or (C) within the United | ||||||
21 | States, the person who imports the product into the | ||||||
22 | United States.
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23 | (2) For products sold, distributed, or served in | ||||||
24 | packaging to consumers in this State via remote sale, | ||||||
25 | distribution, or service:
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26 | (A) the producer of the product's packaging is the |
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1 | producer determined under paragraph (1); and
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2 | (B) the producer of packaging used to ship the | ||||||
3 | product to a consumer, such as a box, envelope, or | ||||||
4 | other packaging used for shipping, is the person that | ||||||
5 | manufactured the packaging used for shipping.
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6 | (3) For all packaging other than packaging identified | ||||||
7 | in paragraphs (1) and (2), the manufacturer of the | ||||||
8 | packaged product is the producer of the packaging.
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9 | (4) For paper products that are publications, such as | ||||||
10 | magazines, newspapers, catalogs, or telephone directories, | ||||||
11 | the publisher is the producer of the paper product.
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12 | (5) For paper products not described in paragraph (4), | ||||||
13 | the producer is the same as the producer as determined | ||||||
14 | under paragraphs (1) and (2).
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15 | "Producer" does not include:
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16 | (1) government agencies or units of local government;
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17 | (2) nonprofit organizations; | ||||||
18 | (3) retailers; or
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19 | (4) persons that annually sell, offer for sale, | ||||||
20 | distribute, or serve to consumers in this State, or import | ||||||
21 | into the United States for sale in this State, either:
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22 | (A) less than one ton of packaging and paper | ||||||
23 | products annually in this State; or
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24 | (B) packaged products that generate less than | ||||||
25 | $3,000,000 in gross revenue nationally annually.
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26 | "Producer responsibility organization" means a registered |
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1 | nonprofit organization designated by one or more producers to | ||||||
2 | act as an agent on behalf of each producer in the group for | ||||||
3 | purposes of completing the needs assessment in accordance with | ||||||
4 | this Act.
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5 | "Recovery rate" means the percentage of packaging and | ||||||
6 | paper products recovered for recycling, reclamation, reuse, or | ||||||
7 | composting. The recovery rate is calculated by dividing the | ||||||
8 | total weight of all packaging and paper products collected for | ||||||
9 | recycling, reclamation, reuse, or composting by the total | ||||||
10 | weight of all packaging and paper products sold, distributed, | ||||||
11 | or served to consumers in this State during the study period. | ||||||
12 | "Recycling" has the meaning given to "recycling, | ||||||
13 | reclamation or reuse" in Section 3.380 of the Environmental | ||||||
14 | Protection Act. "Recycling" does not include landfill disposal | ||||||
15 | of packaging or paper products or the residue resulting from | ||||||
16 | the processing of packaging or paper products at a MRF, use as | ||||||
17 | alternative daily cover or any other beneficial use at a | ||||||
18 | landfill, incineration, energy recovery, or energy generation | ||||||
19 | by means of combustion, or final conversion of packaging and | ||||||
20 | paper products or their components and by-products to a fuel.
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21 | "Recycling rate" means the percentage of packaging and | ||||||
22 | paper products returned to the economic mainstream in the form | ||||||
23 | of raw materials or products rather than being disposed of or | ||||||
24 | discarded. The recycling rate is calculated by dividing the | ||||||
25 | total weight of all packaging and paper products that are | ||||||
26 | collected for recycling by the total weight of all packaging |
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1 | and paper products sold, distributed, or served to consumers | ||||||
2 | in the State during the study period, not including the | ||||||
3 | residue that is landfilled after processing by a MRF.
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4 | "Restaurant" means a business having sales of ready-to-eat | ||||||
5 | food for immediate consumption comprising at least 51% of the | ||||||
6 | total sales, excluding the sale of liquor.
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7 | "Retailer" means any person engaged in the business of | ||||||
8 | making sales at retail that generate occupation or use tax | ||||||
9 | revenue, including, but not limited to, sales made through an | ||||||
10 | Internet transaction to deliver an item to a consumer in the | ||||||
11 | State. "Retailer" includes a restaurant.
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12 | "Reusable" means:
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13 | (1) designed to be refilled or used repeatedly for its | ||||||
14 | original intended purpose and is returnable;
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15 | (2) safe for washing and sanitizing according to | ||||||
16 | applicable State food safety laws; and
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17 | (3) with the exception of ceramic products, capable of | ||||||
18 | being recycled at the end of use.
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19 | "Reuse" means the return of packaging to the economic | ||||||
20 | stream for use in the same kind of application intended for the | ||||||
21 | original packaging without effectuating a change in the | ||||||
22 | original composition of the package, the identity of the | ||||||
23 | product, or the components thereof.
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24 | "Rigid plastic" means packaging made of plastic that has a | ||||||
25 | relatively inflexible finite shape or form and is capable of | ||||||
26 | maintaining its shape while empty or while holding other |
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1 | products.
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2 | "Service provider" means a hauler, MRF, or composting | ||||||
3 | facility.
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4 | "Single-use packaging or product" means a packaging or | ||||||
5 | product that is supplied to or purchased by consumers | ||||||
6 | expressly for the purpose of facilitating food or beverage | ||||||
7 | consumption and that is ordinarily disposed of after a single | ||||||
8 | use or short-term use, whether or not it could be reused.
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9 | "Study period" means the period represented by the data | ||||||
10 | compiled and analyzed in the completion of the Statewide | ||||||
11 | Recycling Needs Assessment. The study period shall be a | ||||||
12 | minimum of a one-year calendar period not earlier than 2022 | ||||||
13 | and shall be clearly defined in the scope of work. If more than | ||||||
14 | one year of data is used, data shall be presented on an annual | ||||||
15 | basis.
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16 | Section 15. Producer responsibility organization. | ||||||
17 | (a) A producer responsibility organization shall be | ||||||
18 | established to carry out relevant provisions under this Act.
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19 | (b) On or before February 1, 2024, the Agency shall | ||||||
20 | approve a single producer responsibility organization to | ||||||
21 | represent the interests of producers under this Act. The | ||||||
22 | Agency shall implement an application and review process to | ||||||
23 | select a single producer responsibility organization, if more | ||||||
24 | than one organization proposes to be designated. The | ||||||
25 | application process shall include the following:
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1 | (1) A producer responsibility organization shall | ||||||
2 | submit a notice of intent to apply as the single producer | ||||||
3 | responsibility organization by November 1, 2023.
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4 | (2) If more than one producer responsibility | ||||||
5 | organization submits a notice of intent, each producer | ||||||
6 | responsibility organization shall be required to submit an | ||||||
7 | application by December 1, 2023 on a form prescribed by | ||||||
8 | the Agency to:
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9 | (A) identify each producer that intends to | ||||||
10 | authorize a producer responsibility organization to | ||||||
11 | operate on the producer's behalf;
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12 | (B) provide the name, address, and contact | ||||||
13 | information of the producer responsibility | ||||||
14 | organization;
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15 | (C) identify the members of the governing board of | ||||||
16 | a producer responsibility organization, which shall | ||||||
17 | represent a diverse range of producers by size and | ||||||
18 | type of packaging material; and
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19 | (D) describe the data types and sources to be | ||||||
20 | provided by producers, a producer responsibility | ||||||
21 | organization, and other persons as necessary to | ||||||
22 | facilitate the comprehensive statewide needs | ||||||
23 | assessment study's completion.
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24 | Section 20. Statewide Recycling Needs Assessment Advisory | ||||||
25 | Council. |
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1 | (a) The Statewide Recycling Needs Assessment Advisory | ||||||
2 | Council shall be appointed by the Agency. On or before January | ||||||
3 | 1, 2024, the Director shall appoint members to the Advisory | ||||||
4 | Council to provide advice and recommendations to the Agency | ||||||
5 | and the producer responsibility organization in the drafting, | ||||||
6 | amendment, and finalization of the Statewide Recycling Needs | ||||||
7 | Assessment.
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8 | (b) In appointing members to the Advisory Council under | ||||||
9 | subsection (a), the Director shall consider representatives | ||||||
10 | from all geographic regions of the State, all sizes of | ||||||
11 | communities in the State, all supply chain participants in the | ||||||
12 | recycling system, and the racial and gender diversity of this | ||||||
13 | State. | ||||||
14 | (c) Members of the Advisory Council shall include, but | ||||||
15 | shall not be limited to, the following voting members:
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16 | (1) four individuals representing material recovery | ||||||
17 | facilities in the State, no more than 2 of whom shall | ||||||
18 | represent a MRF that accepts recyclables from Cook County | ||||||
19 | or the collar counties;
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20 | (2) four individuals representing haulers, one of whom | ||||||
21 | shall represent a statewide organization representing | ||||||
22 | haulers, one of whom shall represent a publicly traded | ||||||
23 | hauler, one of whom shall represent a privately owned | ||||||
24 | hauler, and one of whom shall operate a recycling drop-off | ||||||
25 | facility;
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26 | (3) one individual representing compost collection and |
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1 | processing facilities;
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2 | (4) seven individuals representing rural and urban | ||||||
3 | units of local government, one of whom shall represent a | ||||||
4 | county with a population of less than 50,000, one of whom | ||||||
5 | shall represent a county with a population of more than | ||||||
6 | 50,000 and less than 1,000,000, one of whom shall | ||||||
7 | represent a county with a population of more than | ||||||
8 | 1,000,000, one of whom shall represent a municipality, one | ||||||
9 | of whom shall represent a municipal joint action agency, | ||||||
10 | one of whom shall represent a township, and one of whom | ||||||
11 | shall represent a municipality with a population of | ||||||
12 | 1,000,000 or more;
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13 | (5) one individual representing retailers or a | ||||||
14 | statewide association of retailers;
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15 | (6) two individuals representing environmental | ||||||
16 | organizations; and
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17 | (7) one individual representing an environmental | ||||||
18 | justice advocacy organization.
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19 | (d) The Advisory Council shall include the following | ||||||
20 | nonvoting members, appointed by the Director, to facilitate | ||||||
21 | the work of the Advisory Council:
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22 | (1) one individual representing a producer | ||||||
23 | responsibility organization, which shall be appointed | ||||||
24 | after selection by the Agency of a producer responsibility | ||||||
25 | organization;
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26 | (2) one individual representing manufacturers of |
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1 | products containing postconsumer material, or one or more | ||||||
2 | associations of such manufacturers;
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3 | (3) one individual representing manufacturers of | ||||||
4 | packaging and paper products utilizing virgin materials, | ||||||
5 | or one or more associations of suppliers of substrates of | ||||||
6 | packaging and paper products;
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7 | (4) four individuals representing trade associations, | ||||||
8 | one of whom shall represent a fiber trade association, one | ||||||
9 | of whom shall represent a plastic trade association, one | ||||||
10 | of whom shall represent a metal trade association, and one | ||||||
11 | of whom shall represent a glass trade association; and
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12 | (5) one individual representing the Agency.
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13 | (e) An individual may be appointed to only one position on | ||||||
14 | the Council. Appointments shall be for the period required to | ||||||
15 | complete the needs assessment components of this Act.
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16 | (f) The duties of the voting members of the Advisory | ||||||
17 | Council are as follows:
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18 | (1) to provide guidance on the scope of work and | ||||||
19 | Request for Proposal for the Statewide Recycling Needs | ||||||
20 | Assessment required under Section 25;
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21 | (2) to assist in the provision of data required to | ||||||
22 | complete the needs assessment;
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23 | (3) to review and comment on the needs assessment | ||||||
24 | prior to completion; | ||||||
25 | (4) to evaluate and make recommendations, including | ||||||
26 | legislative recommendations, on how to effectively |
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1 | establish and implement a producer responsibility program | ||||||
2 | in the State for packaging materials and paper products, | ||||||
3 | including recommendations regarding the responsibilities | ||||||
4 | of producers under a producer responsibility program; and
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5 | (5) on or before December 1, 2026, to prepare and | ||||||
6 | submit a report of its findings and recommendations to the | ||||||
7 | General Assembly and the Governor, which shall include an | ||||||
8 | opportunity for a minority report.
| ||||||
9 | (g) The Advisory Council:
| ||||||
10 | (1) shall meet at the call of the Chair, except for the | ||||||
11 | first meeting, which shall be called by the Director;
| ||||||
12 | (2) shall meet at least quarterly or as determined by | ||||||
13 | the Advisory Council Chair;
| ||||||
14 | (3) shall elect a Chair from among Advisory Council | ||||||
15 | members by a simple majority vote;
| ||||||
16 | (4) may adopt bylaws and a charter for the operation | ||||||
17 | of its business for the purposes of this Act;
and | ||||||
18 | (5) shall be provided administrative support by the | ||||||
19 | Agency and Agency staff.
| ||||||
20 | (h) The Agency may select and hire a third-party | ||||||
21 | facilitator for the Advisory Council.
| ||||||
22 | Section 25. Statewide needs assessment. | ||||||
23 | (a) On or before April 1, 2024, the Agency shall issue a | ||||||
24 | Request for Proposal to select a qualified consultant to | ||||||
25 | conduct a statewide needs assessment to assess recycling needs |
| |||||||
| |||||||
1 | in the State for packaging and paper products, including | ||||||
2 | identifying current conditions and an evaluation of the | ||||||
3 | capacity, costs, gaps, and needs associated with recycling and | ||||||
4 | the diversion of packaging and paper products. The Agency | ||||||
5 | shall select the consultant on or before July 1, 2024. The | ||||||
6 | needs assessment shall be funded by an appropriation from the | ||||||
7 | Agency's Solid Waste Management Fund.
| ||||||
8 | (b) Packaging and paper products to be included in the | ||||||
9 | needs assessment shall include, but may not be limited to, the | ||||||
10 | following materials: gable-top cartons, paper cups, paper food | ||||||
11 | packaging, mailers and envelopes, Kraft paper, corrugated | ||||||
12 | cardboard, chipboard, coated groundwood, groundwood paper, | ||||||
13 | coated paper board, paperboard boxes, pulpwood trays and | ||||||
14 | take-out containers, polyethylene flexible bags, polyethylene | ||||||
15 | wraps, polyethylene films, rigid plastics, glass bottles and | ||||||
16 | jars, aluminum or steel aerosol cans, aluminum or steel cans, | ||||||
17 | aluminum foil wrap, aluminum foil containers, other aluminum | ||||||
18 | containers, and steel spiral wound containers.
| ||||||
19 | (c) The needs assessment shall address, at a minimum, the | ||||||
20 | following factors for covered entities:
| ||||||
21 | (1) the quantity, by weight and type, of packaging | ||||||
22 | materials and paper products sold at retail, distributed, | ||||||
23 | or served to consumers in the State by producers by | ||||||
24 | material type and format, with data provided by producers | ||||||
25 | through a producer responsibility organization;
| ||||||
26 | (2) current collection systems for packaging and paper |
| |||||||
| |||||||
1 | products in the State, including for reuse, recycling, | ||||||
2 | composting, and disposal;
| ||||||
3 | (3) the processing capacity and infrastructure for | ||||||
4 | reusable, recyclable, and compostable packaging and paper | ||||||
5 | products collected in the State, including capacity and | ||||||
6 | infrastructure outside the State which serves or may serve | ||||||
7 | the State;
| ||||||
8 | (4) current reuse, recycling, and composting rates for | ||||||
9 | packaging and paper products in the State by material | ||||||
10 | type;
| ||||||
11 | (5) current postconsumer recycled content use by | ||||||
12 | material type for all packaging and paper products sold in | ||||||
13 | the State;
| ||||||
14 | (6) current system-wide costs for the collection, | ||||||
15 | reuse, recycling, and composting of packaging and paper | ||||||
16 | products;
| ||||||
17 | (7) current operational and capital funding | ||||||
18 | limitations impacting reuse, recycling, and composting | ||||||
19 | access and availability for packaging and paper products | ||||||
20 | throughout the State;
| ||||||
21 | (8) collection and processing system needs to provide | ||||||
22 | access to curbside recycling services for all covered | ||||||
23 | entities within municipalities with a population of 1,500 | ||||||
24 | or more based on the most recent United States Census, | ||||||
25 | with collection provided no less frequently than every 2 | ||||||
26 | weeks, and at least one drop-off location for recyclable |
| |||||||
| |||||||
1 | materials within 15 miles of the municipal boundary for | ||||||
2 | municipalities with a population less than 1,500, with | ||||||
3 | needs identified on a county-by-county basis for all | ||||||
4 | counties in the State, and the estimated costs to meet the | ||||||
5 | access requirements;
| ||||||
6 | (9) program costs and capital investments required to | ||||||
7 | achieve a collective 50% recycling rate by December 31, | ||||||
8 | 2035 across all packaging and paper products, including | ||||||
9 | investment into existing and future reuse, recycling, and | ||||||
10 | composting infrastructure for packaging and paper | ||||||
11 | products;
| ||||||
12 | (10) existing federal and State statutory provisions | ||||||
13 | and public and private funding sources for the reduction, | ||||||
14 | reuse, recycling, and composting of packaging and paper | ||||||
15 | products;
| ||||||
16 | (11) the market conditions and opportunities for | ||||||
17 | reusable, recyclable, and compostable packaging and paper | ||||||
18 | products in the State and regionally; | ||||||
19 | (12) multilingual public education needs for the | ||||||
20 | reduction, reuse, recycling, and composting of packaging | ||||||
21 | and paper products, including, but not limited to, a | ||||||
22 | scientific survey of current awareness among residents of | ||||||
23 | this State of proper end-of-life management for packaging | ||||||
24 | and paper products and the needs associated with the | ||||||
25 | reduction of contamination rates at MRFs in the State;
and | ||||||
26 | (13) an assessment of environmental justice and |
| |||||||
| |||||||
1 | recycling equity in the State, including, but not limited | ||||||
2 | to:
| ||||||
3 | (A) an evaluation of current access to and the | ||||||
4 | performance of curbside and drop-off recycling | ||||||
5 | programs in units of local government designated as | ||||||
6 | environmental justice areas; and
| ||||||
7 | (B) a comparison of the location of MRFs and | ||||||
8 | compost facilities in units of local government that | ||||||
9 | have been designated as environmental justice areas | ||||||
10 | with units of local government that are not so | ||||||
11 | designated.
| ||||||
12 | (d) On or before December 31, 2025, the Agency shall | ||||||
13 | provide the draft needs assessment to the Advisory Council and | ||||||
14 | the producer responsibility organization registered with the | ||||||
15 | Agency. The Advisory Council and producer responsibility | ||||||
16 | organization shall provide written comments to the Agency | ||||||
17 | within 60 days after receipt of the needs assessment. The | ||||||
18 | Agency's consultant shall include an assessment of comments | ||||||
19 | received in the revised draft needs assessment submitted to | ||||||
20 | the Agency and shall provide a summary and an analysis of any | ||||||
21 | issues raised by the Advisory Council or producer | ||||||
22 | responsibility organization and significant changes suggested | ||||||
23 | by any such comments, a statement of the reasons why any | ||||||
24 | significant changes were not incorporated into the results of | ||||||
25 | the study, and a description of any changes made to the results | ||||||
26 | of the needs assessment as a result of such comments. The needs |
| |||||||
| |||||||
1 | assessment shall be finalized by the Agency on or before May 1, | ||||||
2 | 2026.
| ||||||
3 | Section 30. Postconsumer recycled content. | ||||||
4 | (a) With respect to rigid plastics, each producer shall | ||||||
5 | achieve a postconsumer recycled content requirement of 15% by | ||||||
6 | 2028, 25% by 2031, and 50% by 2034 in the rigid plastics it | ||||||
7 | produces, subject to any waiver issued under this Section.
| ||||||
8 | (b) Postconsumer recycled content requirements in specific | ||||||
9 | products may be waived by the Agency if demonstration is made | ||||||
10 | and the Agency approves, in writing, that:
| ||||||
11 | (1) the manufacturer cannot achieve the postconsumer | ||||||
12 | recycled content requirements and remain in compliance | ||||||
13 | with applicable rules and regulations adopted by the | ||||||
14 | United States Food and Drug Administration, or any other | ||||||
15 | State or federal law, rule, or regulation;
| ||||||
16 | (2) it is not technologically feasible for the | ||||||
17 | manufacturer to achieve the postconsumer recycled content | ||||||
18 | requirements;
| ||||||
19 | (3) the manufacturer cannot comply with the | ||||||
20 | postconsumer recycled content requirements due to | ||||||
21 | inadequate availability of recycled material or a | ||||||
22 | substantial disruption in the supply of recycled material; | ||||||
23 | or
| ||||||
24 | (4) the manufacturer cannot comply for another reason | ||||||
25 | as determined by the Agency by rule, regulation, or |
| |||||||
| |||||||
1 | guidance.
| ||||||
2 | Section 35. Penalties. | ||||||
3 | (a) Except as otherwise provided in this Act, any person | ||||||
4 | who violates any provision of this Act is liable for a civil | ||||||
5 | penalty of $7,000 per violation per day.
| ||||||
6 | (b) The penalties provided for in this Section may be | ||||||
7 | recovered in a civil action brought in the name of the People | ||||||
8 | of the State of Illinois by the State's Attorney of the county | ||||||
9 | in which the violation occurred or by the Attorney General. | ||||||
10 | Any penalties collected under this Section in an action in | ||||||
11 | which the Attorney General has prevailed shall be deposited in | ||||||
12 | the Environmental Protection Trust Fund.
| ||||||
13 | (c) The Attorney General or the State's Attorney of a | ||||||
14 | county in which a violation occurs may institute a civil | ||||||
15 | action for an injunction, prohibitory or mandatory, to | ||||||
16 | restrain violations of this Act or to require such actions as | ||||||
17 | may be necessary to address violations of this Act.
| ||||||
18 | (d) The penalties and injunctions provided in this Act are | ||||||
19 | in addition to any penalties, injunctions, or other relief | ||||||
20 | provided under any other law. Nothing in this Act bars a cause | ||||||
21 | of action by the State for any other penalty, injunction, or | ||||||
22 | other relief provided by any other law.
| ||||||
23 | (e) Any person who knowingly makes a false, fictitious, or | ||||||
24 | fraudulent material statement, orally or in writing, to the | ||||||
25 | Agency, related to or required by this Act or any rule adopted |
| |||||||
| |||||||
1 | under this Act commits a Class 4 felony, and each such | ||||||
2 | statement or writing shall be considered a separate Class 4 | ||||||
3 | felony. A person who violates this subsection a second or | ||||||
4 | subsequent time after being convicted under this subsection | ||||||
5 | commits a Class 3 felony.
| ||||||
6 | Section 40. Severability. The provisions of this Act shall | ||||||
7 | be severable and if any phrase, clause, sentence, or provision | ||||||
8 | of this Act or the applicability thereof to any person or | ||||||
9 | circumstance shall be held invalid, the remainder of this Act | ||||||
10 | and the application thereof shall not be affected thereby. | ||||||
11 | Section 45. The Environmental Protection Act is amended by | ||||||
12 | changing Section 22.15 as follows:
| ||||||
13 | (415 ILCS 5/22.15)
| ||||||
14 | Sec. 22.15. Solid Waste Management Fund; fees.
| ||||||
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 from | ||||||
21 | amounts transferred into the Fund pursuant to Public Act | ||||||
22 | 100-433.
Moneys received by either the Agency or the | ||||||
23 | Department of Commerce and Economic Opportunity
in repayment |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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, including for the costs of fee | ||||||
13 | collection and
administration, and for the administration of | ||||||
14 | the Consumer Electronics Recycling Act , and the Drug Take-Back | ||||||
15 | Act , and the Statewide Recycling Needs Assessment and | ||||||
16 | Postconsumer Recycled Content 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.
| ||||||
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.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
|