Sen. David Koehler
Filed: 5/2/2023
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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 Act. | ||||||
6 | Section 5. Findings and purpose. The General Assembly | ||||||
7 | finds that: | ||||||
8 | (1) Recycling rates have been stagnant in Illinois for | ||||||
9 | over 15 years. Many Illinois counties continue to fall short | ||||||
10 | of the long-standing recycling goal of 25% established in 1988 | ||||||
11 | in the Solid Waste Planning and Recycling Act. | ||||||
12 | (2) In Illinois, more than 40% (over 7,000,000 tons per | ||||||
13 | year) of municipal solid waste disposed of in landfills is | ||||||
14 | comprised of packaging and paper products. Of this amount, | ||||||
15 | nearly 80% consists of materials commonly collected in | ||||||
16 | curbside recycling programs in areas of the State with mature |
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1 | recycling programs. The remainder includes packaging products | ||||||
2 | such as polystyrene, #3-#7 plastics, plastic bags, flexible | ||||||
3 | pouches, and other plastic films which are not currently | ||||||
4 | acceptable in curbside recycling and for which limited | ||||||
5 | drop-off recycling options exist.
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6 | (3) Consumers have limited sustainable purchasing choices. | ||||||
7 | Illinois residents are generating packaging and paper waste | ||||||
8 | that is beyond their ability to reuse or recycle. Consumers | ||||||
9 | are also given confusing, inconsistent messages through | ||||||
10 | various means about which materials can be recycled, and thus | ||||||
11 | inadvertently create contamination in recycling streams. There | ||||||
12 | is widespread recycling fatigue and public skepticism about | ||||||
13 | the efficacy of recycling in Illinois.
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14 | (4) Volatility in global recycling markets due to import | ||||||
15 | restrictions such as the China National Sword policy, as well | ||||||
16 | as impacts on supply chains and material demand due to the | ||||||
17 | COVID-19 pandemic, have further challenged markets for | ||||||
18 | recycled materials and destabilized the recycling system in | ||||||
19 | the State.
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20 | (5) Significant and increasing quantities of plastics and | ||||||
21 | packaging materials are seen in the environment, including in | ||||||
22 | Illinois rivers, lakes, and streams. This pollution impacts | ||||||
23 | the drinking water, wildlife, and recreational value of vital | ||||||
24 | natural resources.
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25 | (6) Consumer brands are solely responsible for choices | ||||||
26 | about the types and amounts of packaging used to package |
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1 | products. Units of local government and residents have borne | ||||||
2 | the costs of managing increasingly complex materials even | ||||||
3 | though they have no input in designing or bringing these | ||||||
4 | materials to market.
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5 | (7) Units of local government are expected to fund | ||||||
6 | collection and processing costs for an increasing volume of | ||||||
7 | packaging and paper products, and the cost of recycling | ||||||
8 | programs continues to rise with the complexity of the material | ||||||
9 | stream that material recycling facilities are required to | ||||||
10 | manage. Furthermore, many multifamily residences and rural | ||||||
11 | areas of the State do not have access to adequate recycling | ||||||
12 | opportunities.
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13 | (8) As materials continue to be landfilled and littered, | ||||||
14 | lower-income and rural communities across the State bear | ||||||
15 | environmental, health, and economic consequences.
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16 | (9) By failing to reuse or recycle packaging and paper | ||||||
17 | products, Illinois loses economic value and green sector jobs. | ||||||
18 | Establishing postconsumer recycled content requirements for | ||||||
19 | rigid plastics will increase markets for this increasingly | ||||||
20 | common packaging material, reduce demand for natural | ||||||
21 | resources, and reduce greenhouse gas emissions.
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22 | (10) An assessment of current recycling and materials | ||||||
23 | management practices in the State, including evaluation of | ||||||
24 | collections, access to service, capacity, costs, gaps, and | ||||||
25 | needs associated with diverting packaging and paper products | ||||||
26 | from disposal, will provide needed information on current |
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1 | conditions and support identification of future needs to | ||||||
2 | manage packaging and paper products in a sustainable, | ||||||
3 | environmentally protective, and cost-effective manner.
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4 | (11) The Statewide Recycling Needs Assessment will provide | ||||||
5 | data to facilitate future consideration of product stewardship | ||||||
6 | legislation for packaging and paper products.
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7 | Section 10. Definitions. In this Act: | ||||||
8 | "Advisory Council" means the Statewide Recycling Needs | ||||||
9 | Assessment Advisory Council established under Section 20.
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10 | "Agency" means the Environmental Protection Agency.
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11 | "Compost" has the meaning given to that term in Section | ||||||
12 | 3.150 of the Environmental Protection Act.
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13 | "Compostable material" means a material that is designed | ||||||
14 | to contact, contain, or carry a product that can be collected | ||||||
15 | for composting and that is capable of undergoing aerobic | ||||||
16 | biological decomposition in a controlled composting system as | ||||||
17 | demonstrated by meeting ASTM D6400, ASTM D6868, or any | ||||||
18 | successor standards.
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19 | "Composting rate" means the percentage of discarded | ||||||
20 | materials that are managed through composting. A composting | ||||||
21 | rate is calculated by dividing the total weight of all | ||||||
22 | packaging and paper products that are collected for composting | ||||||
23 | by the total weight of all packaging and paper products sold, | ||||||
24 | distributed, or served to consumers in the State during the | ||||||
25 | study period.
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1 | "Covered entity" means a person or entity responsible for: | ||||||
2 | (1) a single or multifamily residence, either | ||||||
3 | individually or jointly through a unit of local | ||||||
4 | government;
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5 | (2) a public or private school for grades kindergarten | ||||||
6 | through 12th grade;
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7 | (3) a State or local government facility; or
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8 | (4) a public space, including, but not limited to, | ||||||
9 | public spaces, such as parks, trails, transit stations, | ||||||
10 | and pedestrian areas for which the State or a unit of local | ||||||
11 | government is responsible.
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12 | "Curbside recycling" means the collection of recyclable | ||||||
13 | materials from covered entities at the site where the | ||||||
14 | recyclable materials are generated.
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15 | "Director" means the Director of the Agency.
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16 | "Drop-off recycling" means the collection of recyclable | ||||||
17 | material from covered entities at one or more centralized | ||||||
18 | sites.
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19 | "Environmental justice community" means environmental | ||||||
20 | justice community as defined by the Illinois Solar for All | ||||||
21 | Program, as that definition is updated from time to time by the | ||||||
22 | Illinois Power Agency and the Administrator of the Illinois | ||||||
23 | Solar for All Program.
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24 | "Hauler" means a person who collects recyclable or | ||||||
25 | compostable materials and transports them to an MRF or compost | ||||||
26 | facility, or to an intermediate facility from which materials |
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1 | are then transported to an MRF or compost facility.
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2 | "Material recovery facility" or "MRF" means a facility | ||||||
3 | where recyclable materials collected via curbside recycling or | ||||||
4 | drop-off recycling are consolidated and sorted for return to | ||||||
5 | the economic mainstream in the form of raw materials.
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6 | "Packaging" means a discrete material or category of | ||||||
7 | material, regardless of recyclability. "Packaging" includes, | ||||||
8 | but is not limited to, a material type, such as paper, plastic, | ||||||
9 | glass, metal, or multi-material, that is:
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10 | (1) used to protect, contain, transport, or serve a | ||||||
11 | product;
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12 | (2) sold or supplied to consumers expressly for the | ||||||
13 | purpose of protecting, containing, transporting, or | ||||||
14 | serving products;
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15 | (3) attached to a product or its container for the | ||||||
16 | purpose of marketing or communicating information about | ||||||
17 | the product;
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18 | (4) supplied at the point of sale to facilitate the | ||||||
19 | delivery of the product; or
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20 | (5) supplied to or purchased by consumers expressly | ||||||
21 | for the purpose of facilitating food or beverage | ||||||
22 | consumption and ordinarily disposed of after a single use | ||||||
23 | or short-term use, whether or not it could be reused.
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24 | "Packaging" does not include:
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25 | (1) a medical device or packaging that is included | ||||||
26 | with products regulated:
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1 | (A) as a drug, medical device, or dietary | ||||||
2 | supplement by the United States Food and Drug | ||||||
3 | Administration under the Federal Food, Drug, and | ||||||
4 | Cosmetic Act;
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5 | (B) as a combination product as defined under 21 | ||||||
6 | CFR 3.2(e); or
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7 | (C) under the federal Dietary Supplement Health | ||||||
8 | and Education Act of 1994;
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9 | (2) animal biologics, including, but not limited to, | ||||||
10 | vaccines, bacterins, antisera, diagnostic kits, other | ||||||
11 | products of biological origin, and other packaging and | ||||||
12 | paper products regulated by the United States Department | ||||||
13 | of Agriculture under the federal Virus, Serum, Toxin Act;
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14 | (3) packaging regulated under the Federal Insecticide, | ||||||
15 | Fungicide, and Rodenticide Act or another applicable | ||||||
16 | federal law, rule, or regulation; and
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17 | (4) beverage containers subject to a returnable | ||||||
18 | container deposit, if applicable.
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19 | "Paper product" means:
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20 | (1) paper that can or has been printed on to create | ||||||
21 | flyers, brochures, booklets, catalogs, greeting cards, | ||||||
22 | telephone directories, newspapers, magazines; and
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23 | (2) paper used for copying, writing, or any other | ||||||
24 | general use.
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25 | "Paper product" does not include:
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26 | (1) paper that, by virtue of its anticipated use, |
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1 | could become unsafe or unsanitary to recycle; or
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2 | (2) any form of bound book, including, but not limited | ||||||
3 | to, bound books for literary, textual, or reference | ||||||
4 | purposes.
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5 | "Person" means any individual, partnership, copartnership, | ||||||
6 | firm, company, limited liability company, corporation, | ||||||
7 | association, joint-stock company, trust, estate, political | ||||||
8 | subdivision, State agency, any other legal entity, or their | ||||||
9 | legal representative, agent, or assign.
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10 | "Postconsumer material" means packaging or paper products | ||||||
11 | that have served their intended end use as consumer items. | ||||||
12 | "Postconsumer material" does not include a by-product or waste | ||||||
13 | material generated during or after the completion of a | ||||||
14 | manufacturing or converting process.
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15 | "Postconsumer recycled content" means the portion of an | ||||||
16 | item of packaging or paper product made from postconsumer | ||||||
17 | material that has been recycled.
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18 | "Recycling" has the meaning given to "recycling, | ||||||
19 | reclamation or reuse" in Section 3.380 of the Environmental | ||||||
20 | Protection Act. "Recycling" does not include landfill disposal | ||||||
21 | of packaging or paper products or the residue resulting from | ||||||
22 | the processing of packaging or paper products at an MRF, use as | ||||||
23 | alternative daily cover or any other beneficial use at a | ||||||
24 | landfill, incineration, energy recovery, or energy generation | ||||||
25 | by means of combustion, or final conversion of packaging and | ||||||
26 | paper products or their components and by-products to a fuel.
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1 | "Recycling rate" means the percentage of packaging and | ||||||
2 | paper products returned to the economic mainstream in the form | ||||||
3 | of raw materials or products rather than being disposed of or | ||||||
4 | discarded. The recycling rate is calculated by dividing the | ||||||
5 | total weight of packaging and paper products that are | ||||||
6 | collected for recycling by the total weight of packaging and | ||||||
7 | paper products sold, distributed, or served to consumers in | ||||||
8 | the State during the study period, not including the residue | ||||||
9 | that is landfilled after processing by an MRF.
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10 | "Reusable" means:
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11 | (1) designed to be refilled or used repeatedly for its | ||||||
12 | original intended purpose and is returnable;
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13 | (2) safe for washing and sanitizing according to | ||||||
14 | applicable State food safety laws; and
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15 | (3) with the exception of ceramic products, capable of | ||||||
16 | being recycled at the end of use.
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17 | "Reuse" means the return of packaging to the economic | ||||||
18 | stream for use in the same kind of application intended for the | ||||||
19 | original packaging without effectuating a change in the | ||||||
20 | original composition of the package, the identity of the | ||||||
21 | product, or the components thereof.
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22 | "Rigid plastic" means packaging made of plastic that has a | ||||||
23 | relatively inflexible finite shape or form and is capable of | ||||||
24 | maintaining its shape while empty or while holding other | ||||||
25 | products.
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26 | "Service provider" means a hauler, an MRF, or a composting |
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1 | facility.
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2 | "Single-use packaging or product" means a packaging or | ||||||
3 | product that is supplied to or purchased by consumers | ||||||
4 | expressly for the purpose of facilitating food or beverage | ||||||
5 | consumption and that is ordinarily disposed of after a single | ||||||
6 | use or short-term use, whether or not it could be reused.
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7 | "Study period" means the period represented by the data | ||||||
8 | compiled and analyzed in the completion of the Statewide | ||||||
9 | Recycling Needs Assessment. The study period shall be a | ||||||
10 | minimum of a one-year calendar period not earlier than 2022 | ||||||
11 | and shall be clearly defined in the scope of work. If more than | ||||||
12 | one year of data is used, data shall be presented on an annual | ||||||
13 | basis.
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14 | Section 15. Statewide Recycling Needs Assessment Advisory | ||||||
15 | Council. | ||||||
16 | (a) The Statewide Recycling Needs Assessment Advisory | ||||||
17 | Council shall be appointed by the Agency. On or before January | ||||||
18 | 1, 2024, the Director shall appoint members to the Advisory | ||||||
19 | Council to provide advice and recommendations to the Agency in | ||||||
20 | the drafting, amendment, and finalization of the Statewide | ||||||
21 | Recycling Needs Assessment.
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22 | (b) In appointing members to the Advisory Council under | ||||||
23 | subsection (a), the Director shall consider representatives | ||||||
24 | from all geographic regions of the State, all sizes of | ||||||
25 | communities in the State, all supply chain participants in the |
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1 | recycling system, and the racial and gender diversity of this | ||||||
2 | State. | ||||||
3 | (c) Members of the Advisory Council shall include, but | ||||||
4 | shall not be limited to, the following voting members:
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5 | (1) four individuals representing material recovery | ||||||
6 | facilities in the State, no more than 2 of whom shall | ||||||
7 | represent an MRF that accepts recyclables from Cook County | ||||||
8 | or the collar counties;
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9 | (2) four individuals representing haulers, one of whom | ||||||
10 | shall represent a statewide organization representing | ||||||
11 | haulers, one of whom shall represent a publicly traded | ||||||
12 | hauler, one of whom shall represent a privately owned | ||||||
13 | hauler, and one of whom shall operate a recycling drop-off | ||||||
14 | facility;
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15 | (3) one individual representing compost collection and | ||||||
16 | processing facilities;
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17 | (4) seven individuals representing rural and urban | ||||||
18 | units of local government, one of whom shall represent a | ||||||
19 | county with a population of less than 50,000, one of whom | ||||||
20 | shall represent a county with a population of more than | ||||||
21 | 50,000 and less than 1,000,000, one of whom shall | ||||||
22 | represent a county with a population of more than | ||||||
23 | 1,000,000, one of whom shall represent a municipality, one | ||||||
24 | of whom shall represent a municipal joint action agency, | ||||||
25 | one of whom shall represent a township, and one of whom | ||||||
26 | shall represent a municipality with a population of |
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1 | 1,000,000 or more;
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2 | (5) two individuals representing retailers, one of | ||||||
3 | whom shall represent a statewide association of retailers;
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4 | (6) two individuals representing environmental | ||||||
5 | organizations; | ||||||
6 | (7) two individuals representing environmental justice | ||||||
7 | advocacy organizations or environmental justice | ||||||
8 | communities; | ||||||
9 | (8) one individual representing a statewide | ||||||
10 | manufacturing association;
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11 | (9) one individual representing manufacturers of | ||||||
12 | products containing postconsumer material, or one or more | ||||||
13 | associations of such manufacturers;
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14 | (10) one individual representing manufacturers of | ||||||
15 | packaging and paper products utilizing virgin materials, | ||||||
16 | or one or more associations of suppliers of substrates of | ||||||
17 | packaging and paper products; and | ||||||
18 | (11) four individuals representing producers of | ||||||
19 | consumer products. | ||||||
20 | (d) An individual may be appointed to only one position on | ||||||
21 | the Council. Appointments shall be for the period required to | ||||||
22 | complete the needs assessment components of this Act.
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23 | (e) The duties of the Advisory Council are as follows:
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24 | (1) to provide guidance on the scope of work for the | ||||||
25 | Statewide Recycling Needs Assessment required under | ||||||
26 | Section 25;
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1 | (2) to assist in the provision of data required to | ||||||
2 | complete the needs assessment;
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3 | (3) to review and comment on the needs assessment | ||||||
4 | prior to completion; | ||||||
5 | (4) to evaluate and make recommendations, including | ||||||
6 | legislative recommendations, on how to effectively | ||||||
7 | establish and implement a producer responsibility program | ||||||
8 | in the State for packaging and paper products, including | ||||||
9 | recommendations regarding the responsibilities of | ||||||
10 | producers under a producer responsibility program; and
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11 | (5) on or before December 1, 2026, to prepare and | ||||||
12 | submit a report of its findings and recommendations to the | ||||||
13 | General Assembly and the Governor, which shall include an | ||||||
14 | opportunity for a minority report.
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15 | (f) The Advisory Council:
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16 | (1) shall meet at the call of the Chair, except for the | ||||||
17 | first meeting, which shall be called by the Director;
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18 | (2) shall meet at least quarterly or as determined by | ||||||
19 | the Advisory Council Chair;
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20 | (3) shall elect a Chair from among Advisory Council | ||||||
21 | members by a simple majority vote;
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22 | (4) may adopt bylaws and a charter for the operation | ||||||
23 | of its business for the purposes of this Act;
and | ||||||
24 | (5) shall be provided administrative support by the | ||||||
25 | Agency and Agency staff.
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26 | (g) The Agency may select and hire a third-party |
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1 | facilitator for the Advisory Council.
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2 | Section 20. Statewide needs assessment. | ||||||
3 | (a) The Agency shall issue a competitive solicitation in | ||||||
4 | accordance with the Illinois Procurement Code to select a | ||||||
5 | qualified consultant to conduct a statewide needs assessment | ||||||
6 | to assess recycling, composting, and reuse conditions in the | ||||||
7 | State for packaging and paper products, including identifying | ||||||
8 | current conditions and an evaluation of the capacity, costs, | ||||||
9 | gaps, and needs associated with recycling and the diversion of | ||||||
10 | packaging and paper products. The Agency shall select the | ||||||
11 | consultant on or before July 1, 2024. The needs assessment | ||||||
12 | shall be funded by an appropriation from the Agency's Solid | ||||||
13 | Waste Management Fund or other appropriated funding.
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14 | (b) All packaging and paper products sold, offered for | ||||||
15 | sale, distributed, or imported into the State shall be | ||||||
16 | included in the needs assessment. | ||||||
17 | (c) The needs assessment shall address, at a minimum, the | ||||||
18 | following factors for covered entities:
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19 | (1) the quantity, by weight and type, of packaging and | ||||||
20 | paper products sold, offered for sale, distributed, or | ||||||
21 | served to consumers in the State by material type and | ||||||
22 | format;
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23 | (2) current collection systems for packaging and paper | ||||||
24 | products in the State, including for reuse, recycling, | ||||||
25 | composting, and disposal;
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1 | (3) the quantity, by weight, of municipal waste | ||||||
2 | disposed on a county-by-county basis for all counties in | ||||||
3 | the State; | ||||||
4 | (4) the processing capacity and infrastructure for | ||||||
5 | reusable, recyclable, and compostable packaging and paper | ||||||
6 | products collected in the State, including capacity and | ||||||
7 | infrastructure outside the State which serves or may serve | ||||||
8 | the State;
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9 | (5) current reuse, recycling, and composting rates for | ||||||
10 | packaging and paper products in the State by material | ||||||
11 | type;
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12 | (6) current postconsumer recycled content use by | ||||||
13 | material type for all packaging and paper products sold in | ||||||
14 | the State;
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15 | (7) current reusability, recyclability, or | ||||||
16 | compostability of packaging and paper products, by | ||||||
17 | material type, for all packaging and paper products sold, | ||||||
18 | offered for sale, distributed, or served in the State; | ||||||
19 | (8) current system-wide costs for the collection, | ||||||
20 | reuse, recycling, and composting of packaging and paper | ||||||
21 | products;
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22 | (9) current operational and capital funding | ||||||
23 | limitations impacting reuse, recycling, and composting | ||||||
24 | access and availability for packaging and paper products | ||||||
25 | throughout the State;
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26 | (10) collection and processing system needs to provide |
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1 | access to curbside recycling services for all covered | ||||||
2 | entities within municipalities with a population of 1,500 | ||||||
3 | or more based on the most recent United States Census, | ||||||
4 | with collection provided no less frequently than every 2 | ||||||
5 | weeks, and at least one drop-off location for recyclable | ||||||
6 | materials within 15 miles of the municipal boundary for | ||||||
7 | municipalities with a population less than 1,500, with | ||||||
8 | needs identified on a county-by-county basis for all | ||||||
9 | counties in the State, and the estimated costs to meet the | ||||||
10 | access requirements;
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11 | (11) program costs and capital investments required to | ||||||
12 | achieve a collective 50% recycling rate by December 31, | ||||||
13 | 2035 across all packaging and paper products, including | ||||||
14 | investment into existing and future reuse, recycling, and | ||||||
15 | composting infrastructure for packaging and paper | ||||||
16 | products;
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17 | (12) the market conditions and opportunities for | ||||||
18 | reusable, recyclable, and compostable packaging and paper | ||||||
19 | products in the State and regionally; | ||||||
20 | (13) multilingual public education needs for the | ||||||
21 | reduction, reuse, recycling, and composting of packaging | ||||||
22 | and paper products, including, but not limited to, a | ||||||
23 | scientific survey of current awareness among residents of | ||||||
24 | this State of proper end-of-life management for packaging | ||||||
25 | and paper products and the needs associated with the | ||||||
26 | reduction of contamination rates at MRFs in the State; |
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1 | (14) an assessment of environmental justice and | ||||||
2 | recycling equity in the State, including, but not limited | ||||||
3 | to:
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4 | (A) an evaluation of current access to and the | ||||||
5 | performance of curbside and drop-off recycling | ||||||
6 | programs in units of local government designated as | ||||||
7 | environmental justice areas;
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8 | (B) a comparison of the location of MRFs and | ||||||
9 | compost facilities in units of local government that | ||||||
10 | have been designated as environmental justice areas | ||||||
11 | with units of local government that are not so | ||||||
12 | designated; and | ||||||
13 | (C) recommendations for improving equity and | ||||||
14 | equitable outcomes for underserved populations in the | ||||||
15 | State's recycling system; and | ||||||
16 |
(15) a review of packaging and paper products | ||||||
17 | legislation enacted in other states, including | ||||||
18 | identification of the main components of the legislation, | ||||||
19 | its implementation steps, and its implementation status. | ||||||
20 | (d) Persons with data or information required to complete | ||||||
21 | the statewide needs assessment shall provide the Agency with | ||||||
22 | such data or information in a timely fashion to assist in | ||||||
23 | completing the statewide needs assessment. | ||||||
24 | (e) On or before December 31, 2025, the Agency shall | ||||||
25 | provide the draft needs assessment to the Advisory Council. | ||||||
26 | The Advisory Council shall provide written comments to the |
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1 | Agency within 60 days after receipt of the needs assessment. | ||||||
2 | The Agency's consultant shall include an assessment of | ||||||
3 | comments received in the revised draft needs assessment | ||||||
4 | submitted to the Agency and shall provide a summary and an | ||||||
5 | analysis of any issues raised by the Advisory Council and | ||||||
6 | significant changes suggested by any such comments, a | ||||||
7 | statement of the reasons why any significant changes were not | ||||||
8 | incorporated into the results of the study, and a description | ||||||
9 | of any changes made to the results of the needs assessment as a | ||||||
10 | result of such comments. The needs assessment shall be | ||||||
11 | finalized by the Agency on or before May 1, 2026.
| ||||||
12 | Section 25. Severability. The provisions of this Act shall | ||||||
13 | be severable and if any phrase, clause, sentence, or provision | ||||||
14 | of this Act or the applicability thereof to any person or | ||||||
15 | circumstance shall be held invalid, the remainder of this Act | ||||||
16 | and the application thereof shall not be affected thereby. | ||||||
17 | Section 30. The Environmental Protection Act is amended by | ||||||
18 | changing Section 22.15 as follows:
| ||||||
19 | (415 ILCS 5/22.15)
| ||||||
20 | Sec. 22.15. Solid Waste Management Fund; fees.
| ||||||
21 | (a) There is hereby created within the State Treasury a
| ||||||
22 | special fund to be known as the Solid Waste Management Fund, to | ||||||
23 | be
constituted from the fees collected by the State pursuant |
| |||||||
| |||||||
1 | to this Section,
from repayments of loans made from the Fund | ||||||
2 | for solid waste projects, from registration fees collected | ||||||
3 | pursuant to the Consumer Electronics Recycling Act, and from | ||||||
4 | amounts transferred into the Fund pursuant to Public Act | ||||||
5 | 100-433.
Moneys received by either the Agency or the | ||||||
6 | Department of Commerce and Economic Opportunity
in repayment | ||||||
7 | of loans made pursuant to the Illinois Solid Waste Management
| ||||||
8 | Act shall be deposited into the General Revenue Fund.
| ||||||
9 | (b) The Agency shall assess and collect a
fee in the amount | ||||||
10 | set forth herein from the owner or operator of each sanitary
| ||||||
11 | landfill permitted or required to be permitted by the Agency | ||||||
12 | to dispose of
solid waste if the sanitary landfill is located | ||||||
13 | off the site where such waste
was produced and if such sanitary | ||||||
14 | landfill is owned, controlled, and operated
by a person other | ||||||
15 | than the generator of such waste. The Agency shall deposit
all | ||||||
16 | fees collected into the Solid Waste Management Fund. If a site | ||||||
17 | is
contiguous to one or more landfills owned or operated by the | ||||||
18 | same person, the
volumes permanently disposed of by each | ||||||
19 | landfill shall be combined for purposes
of determining the fee | ||||||
20 | under this subsection. Beginning on July 1, 2018, and on the | ||||||
21 | first day of each month thereafter during fiscal years 2019 | ||||||
22 | through 2023, the State Comptroller shall direct and State | ||||||
23 | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 | ||||||
24 | per fiscal year from the Solid Waste Management Fund to the | ||||||
25 | General Revenue Fund.
| ||||||
26 | (1) If more than 150,000 cubic yards of non-hazardous |
| |||||||
| |||||||
1 | solid waste is
permanently disposed of at a site in a | ||||||
2 | calendar year, the owner or operator
shall either pay a | ||||||
3 | fee of 95 cents per cubic yard or,
alternatively, the | ||||||
4 | owner or operator may weigh the quantity of the solid | ||||||
5 | waste
permanently disposed of with a device for which | ||||||
6 | certification has been obtained
under the Weights and | ||||||
7 | Measures Act and pay a fee of $2.00 per
ton of solid waste | ||||||
8 | permanently disposed of. In no case shall the fee | ||||||
9 | collected
or paid by the owner or operator under this | ||||||
10 | paragraph exceed $1.55 per cubic yard or $3.27 per ton.
| ||||||
11 | (2) If more than 100,000 cubic yards but not more than | ||||||
12 | 150,000 cubic
yards of non-hazardous waste is permanently | ||||||
13 | disposed of at a site in a calendar
year, the owner or | ||||||
14 | operator shall pay a fee of $52,630.
| ||||||
15 | (3) If more than 50,000 cubic yards but not more than | ||||||
16 | 100,000 cubic
yards of non-hazardous solid waste is | ||||||
17 | permanently disposed of at a site
in a calendar year, the | ||||||
18 | owner or operator shall pay a fee of $23,790.
| ||||||
19 | (4) If more than 10,000 cubic yards but not more than | ||||||
20 | 50,000 cubic
yards of non-hazardous solid waste is | ||||||
21 | permanently disposed of at a site
in a calendar year, the | ||||||
22 | owner or operator shall pay a fee of $7,260.
| ||||||
23 | (5) If not more than 10,000 cubic yards of | ||||||
24 | non-hazardous solid waste is
permanently disposed of at a | ||||||
25 | site in a calendar year, the owner or operator
shall pay a | ||||||
26 | fee of $1050.
|
| |||||||
| |||||||
1 | (c) (Blank).
| ||||||
2 | (d) The Agency shall establish rules relating to the | ||||||
3 | collection of the
fees authorized by this Section. Such rules | ||||||
4 | shall include, but not be
limited to:
| ||||||
5 | (1) necessary records identifying the quantities of | ||||||
6 | solid waste received
or disposed;
| ||||||
7 | (2) the form and submission of reports to accompany | ||||||
8 | the payment of fees
to the Agency;
| ||||||
9 | (3) the time and manner of payment of fees to the | ||||||
10 | Agency, which payments
shall not be more often than | ||||||
11 | quarterly; and
| ||||||
12 | (4) procedures setting forth criteria establishing | ||||||
13 | when an owner or
operator may measure by weight or volume | ||||||
14 | during any given quarter or other
fee payment period.
| ||||||
15 | (e) Pursuant to appropriation, all monies in the Solid | ||||||
16 | Waste Management
Fund shall be used by the Agency for the | ||||||
17 | purposes set forth in this Section and in the Illinois
Solid | ||||||
18 | Waste Management Act, including for the costs of fee | ||||||
19 | collection and
administration, and for the administration of | ||||||
20 | the Consumer Electronics Recycling Act , and the Drug Take-Back | ||||||
21 | Act , and the Statewide Recycling Needs Assessment .
| ||||||
22 | (f) The Agency is authorized to enter into such agreements | ||||||
23 | and to
promulgate such rules as are necessary to carry out its | ||||||
24 | duties under this
Section and the Illinois Solid Waste | ||||||
25 | Management Act.
| ||||||
26 | (g) On the first day of January, April, July, and October |
| |||||||
| |||||||
1 | of each year,
beginning on July 1, 1996, the State Comptroller | ||||||
2 | and Treasurer shall
transfer $500,000 from the Solid Waste | ||||||
3 | Management Fund to the Hazardous Waste
Fund. Moneys | ||||||
4 | transferred under this subsection (g) shall be used only for | ||||||
5 | the
purposes set forth in item (1) of subsection (d) of Section | ||||||
6 | 22.2.
| ||||||
7 | (h) The Agency is authorized to provide financial | ||||||
8 | assistance to units of
local government for the performance of | ||||||
9 | inspecting, investigating , and
enforcement activities pursuant | ||||||
10 | to subsection (r) of Section 4 Section 4(r) at nonhazardous | ||||||
11 | solid
waste disposal sites.
| ||||||
12 | (i) The Agency is authorized to conduct household waste | ||||||
13 | collection and
disposal programs.
| ||||||
14 | (j) A unit of local government, as defined in the Local | ||||||
15 | Solid Waste Disposal
Act, in which a solid waste disposal | ||||||
16 | facility is located may establish a fee,
tax, or surcharge | ||||||
17 | with regard to the permanent disposal of solid waste.
All | ||||||
18 | fees, taxes, and surcharges collected under this subsection | ||||||
19 | shall be
utilized for solid waste management purposes, | ||||||
20 | including long-term monitoring
and maintenance of landfills, | ||||||
21 | planning, implementation, inspection, enforcement
and other | ||||||
22 | activities consistent with the Solid Waste Management Act and | ||||||
23 | the
Local Solid Waste Disposal Act, or for any other | ||||||
24 | environment-related purpose,
including, but not limited to, an | ||||||
25 | environment-related public works project, but
not for the | ||||||
26 | construction of a new pollution control facility other than a
|
| |||||||
| |||||||
1 | household hazardous waste facility. However, the total fee, | ||||||
2 | tax or surcharge
imposed by all units of local government | ||||||
3 | under this subsection (j) upon the
solid waste disposal | ||||||
4 | facility shall not exceed:
| ||||||
5 | (1) 60ยข per cubic yard if more than 150,000 cubic | ||||||
6 | yards of non-hazardous
solid waste is permanently disposed | ||||||
7 | of at the site in a calendar year, unless
the owner or | ||||||
8 | operator weighs the quantity of the solid waste received | ||||||
9 | with a
device for which certification has been obtained | ||||||
10 | under the Weights and Measures
Act, in which case the fee | ||||||
11 | shall not exceed $1.27 per ton of solid waste
permanently | ||||||
12 | disposed of.
| ||||||
13 | (2) $33,350 if more than 100,000
cubic yards, but not | ||||||
14 | more than 150,000 cubic yards, of non-hazardous waste
is | ||||||
15 | permanently disposed of at the site in a calendar year.
| ||||||
16 | (3) $15,500 if more than 50,000 cubic
yards, but not | ||||||
17 | more than 100,000 cubic yards, of non-hazardous solid | ||||||
18 | waste is
permanently disposed of at the site in a calendar | ||||||
19 | year.
| ||||||
20 | (4) $4,650 if more than 10,000 cubic
yards, but not | ||||||
21 | more than 50,000 cubic yards, of non-hazardous solid waste
| ||||||
22 | is permanently disposed of at the site in a calendar year.
| ||||||
23 | (5) $650 if not more than 10,000 cubic
yards of | ||||||
24 | non-hazardous solid waste is permanently disposed of at | ||||||
25 | the site in
a calendar year.
| ||||||
26 | The corporate authorities of the unit of local government
|
| |||||||
| |||||||
1 | may use proceeds from the fee, tax, or surcharge to reimburse a | ||||||
2 | highway
commissioner whose road district lies wholly or | ||||||
3 | partially within the
corporate limits of the unit of local | ||||||
4 | government for expenses incurred in
the removal of | ||||||
5 | nonhazardous, nonfluid municipal waste that has been dumped
on | ||||||
6 | public property in violation of a State law or local | ||||||
7 | ordinance.
| ||||||
8 | For the disposal of solid waste from general construction
| ||||||
9 | or demolition debris recovery facilities as defined in | ||||||
10 | subsection (a-1) of Section 3.160, the total fee, tax, or | ||||||
11 | surcharge imposed by
all units of local government under this | ||||||
12 | subsection (j) upon
the solid waste disposal facility shall | ||||||
13 | not exceed 50% of the
applicable amount set forth above. A unit | ||||||
14 | of local government,
as defined in the Local Solid Waste | ||||||
15 | Disposal Act, in which a
general construction or demolition | ||||||
16 | debris recovery facility is
located may establish a fee, tax, | ||||||
17 | or surcharge on the general construction or demolition debris | ||||||
18 | recovery facility with
regard to the permanent disposal of | ||||||
19 | solid waste by the
general construction or demolition debris | ||||||
20 | recovery facility at
a solid waste disposal facility, provided | ||||||
21 | that such fee, tax,
or surcharge shall not exceed 50% of the | ||||||
22 | applicable amount set
forth above, based on the total amount | ||||||
23 | of solid waste transported from the general construction or | ||||||
24 | demolition debris recovery facility for disposal at solid | ||||||
25 | waste disposal facilities, and the unit of local government | ||||||
26 | and fee shall be
subject to all other requirements of this |
| |||||||
| |||||||
1 | subsection (j). | ||||||
2 | A county or Municipal Joint Action Agency that imposes a | ||||||
3 | fee, tax, or
surcharge under this subsection may use the | ||||||
4 | proceeds thereof to reimburse a
municipality that lies wholly | ||||||
5 | or partially within its boundaries for expenses
incurred in | ||||||
6 | the removal of nonhazardous, nonfluid municipal waste that has | ||||||
7 | been
dumped on public property in violation of a State law or | ||||||
8 | local ordinance.
| ||||||
9 | If the fees are to be used to conduct a local sanitary | ||||||
10 | landfill
inspection or enforcement program, the unit of local | ||||||
11 | government must enter
into a written delegation agreement with | ||||||
12 | the Agency pursuant to subsection
(r) of Section 4. The unit of | ||||||
13 | local government and the Agency shall enter
into such a | ||||||
14 | written delegation agreement within 60 days after the
| ||||||
15 | establishment of such fees. At least annually,
the Agency | ||||||
16 | shall conduct an audit of the expenditures made by units of | ||||||
17 | local
government from the funds granted by the Agency to the | ||||||
18 | units of local
government for purposes of local sanitary | ||||||
19 | landfill inspection and enforcement
programs, to ensure that | ||||||
20 | the funds have been expended for the prescribed
purposes under | ||||||
21 | the grant.
| ||||||
22 | The fees, taxes or surcharges collected under this | ||||||
23 | subsection (j) shall
be placed by the unit of local government | ||||||
24 | in a separate fund, and the
interest received on the moneys in | ||||||
25 | the fund shall be credited to the fund. The
monies in the fund | ||||||
26 | may be accumulated over a period of years to be
expended in |
| |||||||
| |||||||
1 | accordance with this subsection.
| ||||||
2 | A unit of local government, as defined in the Local Solid | ||||||
3 | Waste Disposal
Act, shall prepare and post on its website, in | ||||||
4 | April of each year, a
report that details spending plans for | ||||||
5 | monies collected in accordance with
this subsection. The | ||||||
6 | report will at a minimum include the following:
| ||||||
7 | (1) The total monies collected pursuant to this | ||||||
8 | subsection.
| ||||||
9 | (2) The most current balance of monies collected | ||||||
10 | pursuant to this
subsection.
| ||||||
11 | (3) An itemized accounting of all monies expended for | ||||||
12 | the previous year
pursuant to this subsection.
| ||||||
13 | (4) An estimation of monies to be collected for the | ||||||
14 | following 3
years pursuant to this subsection.
| ||||||
15 | (5) A narrative detailing the general direction and | ||||||
16 | scope of future
expenditures for one, 2 and 3 years.
| ||||||
17 | The exemptions granted under Sections 22.16 and 22.16a, | ||||||
18 | and under
subsection (k) of this Section, shall be applicable | ||||||
19 | to any fee,
tax or surcharge imposed under this subsection | ||||||
20 | (j); except that the fee,
tax or surcharge authorized to be | ||||||
21 | imposed under this subsection (j) may be
made applicable by a | ||||||
22 | unit of local government to the permanent disposal of
solid | ||||||
23 | waste after December 31, 1986, under any contract lawfully | ||||||
24 | executed
before June 1, 1986 under which more than 150,000 | ||||||
25 | cubic yards (or 50,000 tons)
of solid waste is to be | ||||||
26 | permanently disposed of, even though the waste is
exempt from |
| |||||||
| |||||||
1 | the fee imposed by the State under subsection (b) of this | ||||||
2 | Section
pursuant to an exemption granted under Section 22.16.
| ||||||
3 | (k) In accordance with the findings and purposes of the | ||||||
4 | Illinois Solid
Waste Management Act, beginning January 1, 1989 | ||||||
5 | the fee under subsection
(b) and the fee, tax or surcharge | ||||||
6 | under subsection (j) shall not apply to:
| ||||||
7 | (1) waste which is hazardous waste;
| ||||||
8 | (2) waste which is pollution control waste;
| ||||||
9 | (3) waste from recycling, reclamation or reuse | ||||||
10 | processes which have been
approved by the Agency as being | ||||||
11 | designed to remove any contaminant from
wastes so as to | ||||||
12 | render such wastes reusable, provided that the process
| ||||||
13 | renders at least 50% of the waste reusable; the exemption | ||||||
14 | set forth in this paragraph (3) of this subsection (k) | ||||||
15 | shall not apply to general construction or demolition | ||||||
16 | debris recovery
facilities as defined in subsection (a-1) | ||||||
17 | of Section 3.160;
| ||||||
18 | (4) non-hazardous solid waste that is received at a | ||||||
19 | sanitary landfill
and composted or recycled through a | ||||||
20 | process permitted by the Agency; or
| ||||||
21 | (5) any landfill which is permitted by the Agency to | ||||||
22 | receive only
demolition or construction debris or | ||||||
23 | landscape waste.
| ||||||
24 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
25 | 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. | ||||||
26 | 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; |
| |||||||
| |||||||
1 | 102-1055, eff. 6-10-22; revised 8-25-22.)
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
|