093_SB1001sam001

 










                                     LRB093 03183 EFG 12394 a

 1                    AMENDMENT TO SENATE BILL 1001

 2        AMENDMENT NO.     .  Amend Senate Bill 1001 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The State Finance Act is amended by adding
 5    Section 5.595 as follows:

 6        (30 ILCS 105/5.595 new)
 7        Sec. 5.595.  The Household Hazardous Waste Fund.

 8        Section 10.  The Environmental Protection Act is  amended
 9    by changing Section 22.15 as follows:

10        (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
11        Sec. 22.15.  Solid Waste Management Fund; fees.
12        (a)  There  is hereby created within the State Treasury a
13    special fund to be known as the "Solid Waste Management Fund"
14    constituted from the fees collected by the State pursuant  to
15    this  Section and from repayments of loans made from the Fund
16    for solid waste projects. Moneys received by  the  Department
17    of  Commerce and Community Affairs in repayment of loans made
18    pursuant to the Illinois Solid Waste Management Act shall  be
19    deposited  into  the  Solid  Waste  Management Revolving Loan
20    Fund.
 
                            -2-      LRB093 03183 EFG 12394 a
 1        (b)  On and after  January  1,  1987,  the  Agency  shall
 2    assess  and collect a fee in the amount set forth herein from
 3    the owner or operator of each sanitary landfill permitted  or
 4    required  to  be  permitted by the Agency to dispose of solid
 5    waste if the sanitary landfill is located off the site  where
 6    such  waste  was  produced  and  if such sanitary landfill is
 7    owned, controlled, and operated by a person  other  than  the
 8    generator  of  such waste.  The Agency shall deposit all fees
 9    collected into the Solid Waste Management Fund,  except  that
10    the  additional  moneys  collected from the 24 cent per cubic
11    yard (50 cent per ton) increase  in  the  fee  imposed  under
12    subdivision  (b)(1)  made  by this amendatory Act of the 93rd
13    General  Assembly  shall  be  deposited  into  the  Household
14    Hazardous Waste Fund.  If a site is contiguous to one or more
15    landfills owned or operated by the same person,  the  volumes
16    permanently  disposed  of  by each landfill shall be combined
17    for purposes of determining the fee under this subsection.
18             (1)  If   more   than   150,000   cubic   yards   of
19        non-hazardous solid waste is permanently disposed of at a
20        site in a calendar year,  the  owner  or  operator  shall
21        either  pay  a  fee  of $0.69 45 cents per cubic yard or,
22        alternatively,  the  owner  or  operator  may  weigh  the
23        quantity of the solid waste permanently disposed of  with
24        a  device for which certification has been obtained under
25        the Weights and Measures Act and pay a fee  of  $1.45  95
26        cents  per  ton  of  solid waste permanently disposed of.
27        In no case shall the fee collected or paid by  the  owner
28        or  operator  under  this  Section paragraph exceed $1.29
29        $1.05 per cubic yard or $2.72 $2.22 per ton.
30             (2)  If more than 100,000 cubic yards but  not  more
31        than  150,000  cubic  yards  of  non-hazardous  waste  is
32        permanently disposed of at a site in a calendar year, the
33        owner or operator shall pay a fee of $25,000.
34             (3)  If  more  than  50,000 cubic yards but not more
 
                            -3-      LRB093 03183 EFG 12394 a
 1        than 100,000 cubic yards of non-hazardous solid waste  is
 2        permanently disposed of at a site in a calendar year, the
 3        owner or operator shall pay a fee of $11,300.
 4             (4)  If  more  than  10,000 cubic yards but not more
 5        than 50,000 cubic yards of non-hazardous solid  waste  is
 6        permanently disposed of at a site in a calendar year, the
 7        owner or operator shall pay a fee of $3,450.
 8             (5)  If   not   more  than  10,000  cubic  yards  of
 9        non-hazardous solid waste is permanently disposed of at a
10        site in a calendar year, the owner or operator shall  pay
11        a fee of $500.
12        (c)  (Blank.)
13        (d)  The  Agency  shall  establish  rules relating to the
14    collection of the fees authorized by this Section. Such rules
15    shall include, but not be limited to:
16             (1)  necessary records identifying the quantities of
17        solid waste received or disposed;
18             (2)  the form and submission of reports to accompany
19        the payment of fees to the Agency;
20             (3)  the time and manner of payment of fees  to  the
21        Agency,  which  payments  shall  not  be  more often than
22        quarterly; and
23             (4)  procedures setting forth criteria  establishing
24        when an owner or operator may measure by weight or volume
25        during any given quarter or other fee payment period.
26        (e)  Pursuant  to  appropriation, all monies in the Solid
27    Waste Management Fund shall be used by  the  Agency  and  the
28    Department of Commerce and Community Affairs for the purposes
29    set  forth  in  this  Section and in the Illinois Solid Waste
30    Management Act, including for the costs of fee collection and
31    administration.
32        (f)  The  Agency  is  authorized  to  enter   into   such
33    agreements  and  to promulgate such rules as are necessary to
34    carry out its duties under  this  Section  and  the  Illinois
 
                            -4-      LRB093 03183 EFG 12394 a
 1    Solid Waste Management Act.
 2        (g)  On  the  first  day  of  January,  April,  July, and
 3    October of each year, beginning on July 1,  1996,  the  State
 4    Comptroller  and  Treasurer  shall transfer $500,000 from the
 5    Solid Waste Management Fund  to  the  Hazardous  Waste  Fund.
 6    Moneys  transferred  under  this subsection (g) shall be used
 7    only for the purposes set forth in item (1) of subsection (d)
 8    of Section 22.2.
 9        (h)  The  Agency  is  authorized  to  provide   financial
10    assistance  to  units of local government for the performance
11    of  inspecting,  investigating  and  enforcement   activities
12    pursuant to Section 4(r) at nonhazardous solid waste disposal
13    sites.
14        (i)  The  Agency  is authorized to support the operations
15    of an industrial materials exchange service, and  to  conduct
16    household waste collection and disposal programs.
17        (j)  A  unit of local government, as defined in the Local
18    Solid Waste Disposal Act, in which  a  solid  waste  disposal
19    facility  is  located  may establish a fee, tax, or surcharge
20    with regard to the permanent disposal  of  solid  waste.  All
21    fees,  taxes,  and surcharges collected under this subsection
22    shall  be  utilized  for  solid  waste  management  purposes,
23    including long-term monitoring and maintenance of  landfills,
24    planning,  implementation,  inspection, enforcement and other
25    activities consistent with the Solid Waste Management Act and
26    the  Local  Solid  Waste  Disposal  Act,  or  for  any  other
27    environment-related purpose, including but not limited to  an
28    environment-related  public  works  project,  but not for the
29    construction of a new pollution control facility other than a
30    household hazardous waste facility.  However, the total  fee,
31    tax  or  surcharge  imposed  by all units of local government
32    under this subsection  (j)  upon  the  solid  waste  disposal
33    facility shall not exceed:
34             (1)  60¢  per  cubic yard if more than 150,000 cubic
 
                            -5-      LRB093 03183 EFG 12394 a
 1        yards  of  non-hazardous  solid  waste   is   permanently
 2        disposed  of  at  the site in a calendar year, unless the
 3        owner or operator weighs the quantity of the solid  waste
 4        received  with  a device for which certification has been
 5        obtained under the Weights and  Measures  Act,  in  which
 6        case the fee shall not exceed$1.27 per ton of solid waste
 7        permanently disposed of.
 8             (2)  $33,350  if  more than 100,000 cubic yards, but
 9        not more than 150,000 cubic yards, of non-hazardous waste
10        is permanently disposed of at  the  site  in  a  calendar
11        year.
12             (3)  $15,500  if  more  than 50,000 cubic yards, but
13        not more than 100,000 cubic yards, of non-hazardous solid
14        waste is  permanently  disposed  of  at  the  site  in  a
15        calendar year.
16             (4)  $4,650 if more than 10,000 cubic yards, but not
17        more  than  50,000  cubic  yards,  of non-hazardous solid
18        waste is  permanently  disposed  of  at  the  site  in  a
19        calendar year.
20             (5)  $$650  if  not  more than 10,000 cubic yards of
21        non-hazardous solid waste is permanently disposed  of  at
22        the site in a calendar year.
23        The corporate authorities of the unit of local government
24    may use proceeds from the fee, tax, or surcharge to reimburse
25    a  highway  commissioner  whose  road district lies wholly or
26    partially within the corporate limits of the  unit  of  local
27    government   for   expenses   incurred   in  the  removal  of
28    nonhazardous, nonfluid municipal waste that has  been  dumped
29    on  public  property  in  violation  of  a State law or local
30    ordinance.
31        A county or Municipal Joint Action Agency that imposes  a
32    fee,  tax,  or  surcharge  under  this subsection may use the
33    proceeds thereof to reimburse a municipality that lies wholly
34    or partially within its boundaries for expenses  incurred  in
 
                            -6-      LRB093 03183 EFG 12394 a
 1    the  removal  of  nonhazardous, nonfluid municipal waste that
 2    has been dumped on public property in violation  of  a  State
 3    law or 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
 7    with the Agency pursuant to subsection (r) of Section 4.  The
 8    unit of local government and the Agency shall enter into such
 9    a  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
16    under the grant.
17        The  fees,  taxes  or  surcharges  collected  under  this
18    subsection  (j)  shall  be  placed  by  the  unit  of   local
19    government  in  a separate fund, and the interest received on
20    the moneys in the fund shall be credited  to  the  fund.  The
21    monies  in the fund may be accumulated over a period of years
22    to be expended in accordance with this subsection.
23        A unit of local government, as defined in the Local Solid
24    Waste Disposal Act,  shall  prepare  and  distribute  to  the
25    Agency, in April of each year, a report that details spending
26    plans   for   monies   collected   in  accordance  with  this
27    subsection.   The  report  will  at  a  minimum  include  the
28    following:
29             (1)  The total monies  collected  pursuant  to  this
30        subsection.
31             (2)  The  most  current  balance of monies collected
32        pursuant to this subsection.
33             (3)  An itemized accounting of all  monies  expended
34        for the previous year pursuant to this subsection.
 
                            -7-      LRB093 03183 EFG 12394 a
 1             (4)  An estimation of monies to be collected for the
 2        following 3 years pursuant to this subsection.
 3             (5)  A narrative detailing the general direction and
 4        scope of future expenditures for one, 2 and 3 years.
 5        The  exemptions  granted under Sections 22.16 and 22.16a,
 6    and under subsections (c) and (k) of this Section,  shall  be
 7    applicable  to  any  fee, tax or surcharge imposed under this
 8    subsection  (j);  except  that  the  fee,  tax  or  surcharge
 9    authorized to be imposed under this  subsection  (j)  may  be
10    made  applicable  by  a  unit  of  local  government  to  the
11    permanent  disposal  of  solid waste after December 31, 1986,
12    under any contract lawfully  executed  before  June  1,  1986
13    under which more than 150,000 cubic yards (or 50,000 tons) of
14    solid waste is to be permanently disposed of, even though the
15    waste  is  exempt  from  the  fee  imposed by the State under
16    subsection (b) of  this  Section  pursuant  to  an  exemption
17    granted under Section 22.16.
18        (k)  In  accordance with the findings and purposes of the
19    Illinois Solid Waste Management  Act,  beginning  January  1,
20    1989  the  fee  under  subsection  (b)  and  the  fee, tax or
21    surcharge under subsection (j) shall not apply to:
22             (1)  Waste which is hazardous waste; or
23             (2)  Waste which is pollution control waste; or
24             (3)  Waste  from  recycling,  reclamation  or  reuse
25        processes which have been approved by the Agency as being
26        designed to remove any contaminant from wastes so  as  to
27        render  such  wastes  reusable, provided that the process
28        renders at least 50% of the waste reusable; or
29             (4)  Non-hazardous solid waste that is received at a
30        sanitary landfill and composted  or  recycled  through  a
31        process permitted by the Agency; or
32             (5)  Any  landfill  which is permitted by the Agency
33        to receive only  demolition  or  construction  debris  or
34        landscape waste.
 
                            -8-      LRB093 03183 EFG 12394 a
 1    (Source: P.A. 92-574, eff. 6-26-02.)

 2        Section  15.   The  Household  Hazardous Waste Collection
 3    Program Act is amended by adding Section 6.5 as follows:

 4        (415 ILCS 90/6.5 new)
 5        Sec. 6.5. Household Hazardous Waste Fund.
 6        (a)  There is hereby established a special  fund  in  the
 7    State treasury the Household Hazardous Waste Fund.
 8        (b)  Moneys  in the Fund shall be allocated by the Agency
 9    for use by the  various  counties  throughout  the  State  as
10    follows:
11             (i)  For  counties  over  3,000,000  population, the
12        Legislature shall allocate to the Agency the sum of $0.50
13        per capita for each such county, based upon the last U.S.
14        Federal  Decennial  Census.   The  said  sum   shall   be
15        distributed  by  the  Agency  to each such county for use
16        under this Act or as otherwise approved by the Agency for
17        the collection and disposal of household hazardous waste.
18        Within each county, the Agency shall distribute the funds
19        on a  $0.50  per  capita  basis  to  municipalities  over
20        1,000,000  in  population  and  to municipal joint action
21        agencies   created   under    Section    3.2    of    the
22        Intergovernmental  Cooperation  Act,  with the balance of
23        the funds allocated to the county.  All  funds  shall  be
24        utilized  solely  for  the residents of the unit of local
25        government, as defined in the Local Solid Waste  Disposal
26        Act, that received the funds.
27             (ii)  For  counties over 149,000 and under 3,000,000
28        population, the Legislature shall allocate to the  Agency
29        the  sum  of $0.50 per capita for each such county, based
30        upon the last U.S. Federal Decennial  Census.   Said  sum
31        shall  be distributed annually by the Agency to each such
32        county for use under this Act or as otherwise approved by
 
                            -9-      LRB093 03183 EFG 12394 a
 1        the Agency for the collection and disposal  of  Household
 2        Hazardous Waste.
 3             (iii)  For  counties  under  149,000 population, the
 4        Legislature shall allocate the  remaining  sum  of  money
 5        collected  in  the  Household Hazardous Waste Fund to the
 6        Agency as and for the collection, management and disposal
 7        of Household Hazardous Waste in the counties of the State
 8        with a population of less than 149,000.
 9             (iv)  Each county, or division  thereof  as  may  be
10        applicable,   shall  report  in  a  form  and  manner  as
11        determined by the Agency, to the Agency,  no  later  than
12        April 1st of each year, the amount of money received from
13        the Agency pursuant to the Household Hazardous Waste Fund
14        for  the  prior year and the purposes for which the funds
15        were used.

16        Section 99. Effective date.  This Act takes  effect  upon
17    becoming law.".