Sen. Chapin Rose

Filed: 3/15/2013

 

 


 

 


 
09800SB1868sam002LRB098 10672 JDS 43066 a

1
AMENDMENT TO SENATE BILL 1868

2    AMENDMENT NO. ______. Amend Senate Bill 1868, AS AMENDED,
3with reference to page and line numbers of Senate Amendment No.
41, as follows:
 
5on page 1, line 5, by replacing "Section 39" with "Sections
622.15 and 39"; and
 
7on page 1, immediately below line 5, by inserting the
8following:
 
9    "(415 ILCS 5/22.15)  (from Ch. 111 1/2, par. 1022.15)
10    Sec. 22.15. Solid Waste Management Fund; fees.
11    (a) There is hereby created within the State Treasury a
12special fund to be known as the "Solid Waste Management Fund",
13to be constituted from the fees collected by the State pursuant
14to this Section and from repayments of loans made from the Fund
15for solid waste projects. Moneys received by the Department of

 

 

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1Commerce and Economic Opportunity in repayment of loans made
2pursuant to the Illinois Solid Waste Management Act shall be
3deposited into the General Revenue Fund.
4    (b) The Agency shall assess and collect a fee in the amount
5set forth herein from the owner or operator of each sanitary
6landfill permitted or required to be permitted by the Agency to
7dispose of solid waste if the sanitary landfill is located off
8the site where such waste was produced and if such sanitary
9landfill is owned, controlled, and operated by a person other
10than the generator of such waste. The Agency shall deposit all
11fees collected into the Solid Waste Management Fund. If a site
12is contiguous to one or more landfills owned or operated by the
13same person, the volumes permanently disposed of by each
14landfill shall be combined for purposes of determining the fee
15under this subsection.
16        (1) If more than 150,000 cubic yards of non-hazardous
17    solid waste is permanently disposed of at a site in a
18    calendar year, the owner or operator shall either pay a fee
19    of 95 cents per cubic yard or, alternatively, the owner or
20    operator may weigh the quantity of the solid waste
21    permanently disposed of with a device for which
22    certification has been obtained under the Weights and
23    Measures Act and pay a fee of $2.00 per ton of solid waste
24    permanently disposed of. In no case shall the fee collected
25    or paid by the owner or operator under this paragraph
26    exceed $1.55 per cubic yard or $3.27 per ton.

 

 

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1        (2) If more than 100,000 cubic yards but not more than
2    150,000 cubic yards of non-hazardous waste is permanently
3    disposed of at a site in a calendar year, the owner or
4    operator shall pay a fee of $52,630.
5        (3) If more than 50,000 cubic yards but not more than
6    100,000 cubic yards of non-hazardous solid waste is
7    permanently disposed of at a site in a calendar year, the
8    owner or operator shall pay a fee of $23,790.
9        (4) If more than 10,000 cubic yards but not more than
10    50,000 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 $7,260.
13        (5) If not more than 10,000 cubic yards of
14    non-hazardous solid waste is permanently disposed of at a
15    site in a calendar year, the owner or operator shall pay a
16    fee of $1050.
17    (c) (Blank).
18    (d) The Agency shall establish rules relating to the
19collection of the fees authorized by this Section. Such rules
20shall include, but not be limited to:
21        (1) necessary records identifying the quantities of
22    solid waste received or disposed;
23        (2) the form and submission of reports to accompany the
24    payment of fees to the Agency;
25        (3) the time and manner of payment of fees to the
26    Agency, which payments shall not be more often than

 

 

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1    quarterly; and
2        (4) procedures setting forth criteria establishing
3    when an owner or operator may measure by weight or volume
4    during any given quarter or other fee payment period.
5    (e) Pursuant to appropriation, all monies in the Solid
6Waste Management Fund shall be used by the Agency and the
7Department of Commerce and Economic Opportunity for the
8purposes set forth in this Section and in the Illinois Solid
9Waste Management Act, including for the costs of fee collection
10and administration.
11    (f) The Agency is authorized to enter into such agreements
12and to promulgate such rules as are necessary to carry out its
13duties under this Section and the Illinois Solid Waste
14Management Act.
15    (g) On the first day of January, April, July, and October
16of each year, beginning on July 1, 1996, the State Comptroller
17and Treasurer shall transfer $500,000 from the Solid Waste
18Management Fund to the Hazardous Waste Fund. Moneys transferred
19under this subsection (g) shall be used only for the purposes
20set forth in item (1) of subsection (d) of Section 22.2.
21    (h) The Agency is authorized to provide financial
22assistance to units of local government for the performance of
23inspecting, investigating and enforcement activities pursuant
24to Section 4(r) at nonhazardous solid waste disposal sites.
25    (i) The Agency is authorized to support the operations of
26an industrial materials exchange service, and to conduct

 

 

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1household waste collection and disposal programs.
2    (j) A unit of local government, as defined in the Local
3Solid Waste Disposal Act, in which a solid waste disposal
4facility is located may establish a fee, tax, or surcharge with
5regard to the permanent disposal of solid waste. All fees,
6taxes, and surcharges collected under this subsection shall be
7utilized for solid waste management purposes, including
8long-term monitoring and maintenance of landfills, planning,
9implementation, inspection, enforcement and other activities
10consistent with the Solid Waste Management Act and the Local
11Solid Waste Disposal Act, or for any other environment-related
12purpose, including but not limited to an environment-related
13public works project, but not for the construction of a new
14pollution control facility other than a household hazardous
15waste facility. However, the total fee, tax or surcharge
16imposed by all units of local government under this subsection
17(j) upon the solid waste disposal facility shall not exceed:
18        (1) 60¢ per cubic yard if more than 150,000 cubic yards
19    of non-hazardous solid waste is permanently disposed of at
20    the site in a calendar year, unless the owner or operator
21    weighs the quantity of the solid waste received with a
22    device for which certification has been obtained under the
23    Weights and Measures Act, in which case the fee shall not
24    exceed $1.27 per ton of solid waste permanently disposed
25    of.
26        (2) $33,350 if more than 100,000 cubic yards, but not

 

 

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1    more than 150,000 cubic yards, of non-hazardous waste is
2    permanently disposed of at the site in a calendar year.
3        (3) $15,500 if more than 50,000 cubic yards, but not
4    more than 100,000 cubic yards, of non-hazardous solid waste
5    is permanently disposed of at the site in a calendar year.
6        (4) $4,650 if more than 10,000 cubic yards, but not
7    more than 50,000 cubic yards, of non-hazardous solid waste
8    is permanently disposed of at the site in a calendar year.
9        (5) $$650 if not more than 10,000 cubic yards of
10    non-hazardous solid waste is permanently disposed of at the
11    site in a calendar year.
12    The corporate authorities of the unit of local government
13may use proceeds from the fee, tax, or surcharge to maintain
14roads within the boundaries of the unit of local government, to
15finance any third-party environmental testing that they deem
16advisable, and to reimburse a highway commissioner whose road
17district lies wholly or partially within the corporate limits
18of the unit of local government for expenses incurred in the
19removal of nonhazardous, nonfluid municipal waste that has been
20dumped on public property in violation of a State law or local
21ordinance. The corporate authorities of the unit of local
22government may also use proceeds from the fee, tax, or
23surcharge for any costs that it incurs as a result of the
24operation of the sanitary landfill in the unit of local
25government.
26    A county or Municipal Joint Action Agency that imposes a

 

 

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1fee, tax, or surcharge under this subsection may use the
2proceeds thereof to reimburse a municipality that lies wholly
3or partially within its boundaries for expenses incurred in the
4removal of nonhazardous, nonfluid municipal waste that has been
5dumped on public property in violation of a State law or local
6ordinance.
7    If the fees are to be used to conduct a local sanitary
8landfill inspection or enforcement program, the unit of local
9government must enter into a written delegation agreement with
10the Agency pursuant to subsection (r) of Section 4. The unit of
11local government and the Agency shall enter into such a written
12delegation agreement within 60 days after the establishment of
13such fees. At least annually, the Agency shall conduct an audit
14of the expenditures made by units of local government from the
15funds granted by the Agency to the units of local government
16for purposes of local sanitary landfill inspection and
17enforcement programs, to ensure that the funds have been
18expended for the prescribed purposes under the grant.
19    The fees, taxes or surcharges collected under this
20subsection (j) shall be placed by the unit of local government
21in a separate fund, and the interest received on the moneys in
22the fund shall be credited to the fund. The monies in the fund
23may be accumulated over a period of years to be expended in
24accordance with this subsection.
25    A unit of local government, as defined in the Local Solid
26Waste Disposal Act, shall prepare and distribute to the Agency,

 

 

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1in April of each year, a report that details spending plans for
2monies collected in accordance with this subsection. The report
3will at a minimum include the following:
4        (1) The total monies collected pursuant to this
5    subsection.
6        (2) The most current balance of monies collected
7    pursuant to this subsection.
8        (3) An itemized accounting of all monies expended for
9    the previous year pursuant to this subsection.
10        (4) An estimation of monies to be collected for the
11    following 3 years pursuant to this subsection.
12        (5) A narrative detailing the general direction and
13    scope of future expenditures for one, 2 and 3 years.
14    The exemptions granted under Sections 22.16 and 22.16a, and
15under subsection (k) of this Section, shall be applicable to
16any fee, tax or surcharge imposed under this subsection (j);
17except that the fee, tax or surcharge authorized to be imposed
18under this subsection (j) may be made applicable by a unit of
19local government to the permanent disposal of solid waste after
20December 31, 1986, under any contract lawfully executed before
21June 1, 1986 under which more than 150,000 cubic yards (or
2250,000 tons) of solid waste is to be permanently disposed of,
23even though the waste is exempt from the fee imposed by the
24State under subsection (b) of this Section pursuant to an
25exemption granted under Section 22.16.
26    (k) In accordance with the findings and purposes of the

 

 

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1Illinois Solid Waste Management Act, beginning January 1, 1989
2the fee under subsection (b) and the fee, tax or surcharge
3under subsection (j) shall not apply to:
4        (1) Waste which is hazardous waste; or
5        (2) Waste which is pollution control waste; or
6        (3) Waste from recycling, reclamation or reuse
7    processes which have been approved by the Agency as being
8    designed to remove any contaminant from wastes so as to
9    render such wastes reusable, provided that the process
10    renders at least 50% of the waste reusable; or
11        (4) Non-hazardous solid waste that is received at a
12    sanitary landfill and composted or recycled through a
13    process permitted by the Agency; or
14        (5) Any landfill which is permitted by the Agency to
15    receive only demolition or construction debris or
16    landscape waste.
17(Source: P.A. 97-333, eff. 8-12-11.)".