093_HB1522eng

 
HB1522 Engrossed                     LRB093 05367 AMC 05457 b

 1        AN ACT concerning environmental protection.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Environmental Protection Act is amended
 5    by changing Section 22.44 as follows:

 6        (415 ILCS 5/22.44)
 7        Sec. 22.44. Subtitle D management fees.
 8        (a)  There is created within the State treasury a special
 9    fund  to  be  known  as  the  "Subtitle  D  Management  Fund"
10    constituted from the fees collected by the State  under  this
11    Section.
12        (b)  On  and  after  January  1,  1994,  the Agency shall
13    assess and collect a fee in the  amount  set  forth  in  this
14    subsection  from  the  owner  or  operator  of  each sanitary
15    landfill permitted or required to be permitted by the  Agency
16    to dispose of solid waste if the sanitary landfill is located
17    off the site where the waste was produced and if the sanitary
18    landfill is owned, controlled, and operated by a person other
19    than  the  generator  of the waste.  The Agency shall deposit
20    all fees collected under this subsection into the Subtitle  D
21    Management  Fund.   If  a  site  is contiguous to one or more
22    landfills owned or operated by the same person,  the  volumes
23    permanently  disposed  of  by each landfill shall be combined
24    for purposes of determining the fee under this subsection.
25             (1)  If   more   than   150,000   cubic   yards   of
26        non-hazardous solid waste is permanently disposed of at a
27        site in a calendar year,  the  owner  or  operator  shall
28        either  pay  a  fee  of  8  5.5  cents per cubic yard or,
29        alternatively,  the  owner  or  operator  may  weigh  the
30        quantity of the solid waste permanently disposed of  with
31        a  device for which certification has been obtained under
 
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 1        the Weights and Measures Act and pay a fee of 17 12 cents
 2        per ton of waste permanently disposed of.
 3             (2)  If more than 100,000 cubic yards, but not  more
 4        than  150,000  cubic  yards,  of  non-hazardous  waste is
 5        permanently disposed of at a site in a calendar year, the
 6        owner or operator shall pay a fee of $3,825.
 7             (3)  If more than 50,000 cubic yards, but  not  more
 8        than 100,000 cubic yards, of non-hazardous solid waste is
 9        permanently disposed of at a site in a calendar year, the
10        owner or operator shall pay a fee of $1,700.
11             (4)  If  more  than 10,000 cubic yards, but not more
12        than 50,000 cubic yards, of non-hazardous solid waste  is
13        permanently disposed of at a site in a calendar year, the
14        owner or operator shall pay a fee of $530.
15             (5)  If   not   more  than  10,000  cubic  yards  of
16        non-hazardous solid waste is permanently disposed of at a
17        site in a calendar year, the owner or operator shall  pay
18        a fee of $110.
19        (c)  The  fee under subsection (b) shall not apply to any
20    of the following:
21             (1)  Hazardous waste.
22             (2)  Pollution control waste.
23             (3)  Waste from  recycling,  reclamation,  or  reuse
24        processes  that have been approved by the Agency as being
25        designed to remove any contaminant from wastes so  as  to
26        render  the  wastes  reusable,  provided that the process
27        renders at least 50% of the waste reusable.
28             (4)  Non-hazardous solid waste that is received at a
29        sanitary landfill and composted  or  recycled  through  a
30        process permitted by the Agency.
31             (5)  Any landfill that is permitted by the Agency to
32        receive   only   demolition  or  construction  debris  or
33        landscape waste.
34        (d)  The Agency shall establish  rules  relating  to  the
 
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 1    collection  of  the  fees  authorized by this Section.  These
 2    rules shall include, but not be limited to the following:
 3             (1)  Necessary records identifying the quantities of
 4        solid waste received or disposed.
 5             (2)  The form and submission of reports to accompany
 6        the payment of fees to the Agency.
 7             (3)  The time and manner of payment of fees  to  the
 8        Agency,  which  payments  shall  not  be  more often than
 9        quarterly.
10             (4)  Procedures setting forth criteria  establishing
11        when an owner or operator may measure by weight or volume
12        during any given quarter or other fee payment period.
13        (e)  Fees  collected  under  this  Section  shall  be  in
14    addition to any other fees collected under any other Section.
15        (f)  The Agency shall not refund any fee paid to it under
16    this Section.
17        (g)  Pursuant   to   appropriation,  all  moneys  in  the
18    Subtitle D Management Fund shall be used  by  the  Agency  to
19    administer   the   United   States  Environmental  Protection
20    Agency's Subtitle D Program provided  in  Sections  4004  and
21    4010  of  the  Resource Conservation and Recovery Act of 1976
22    (P.L. 94-580) as  it  relates  to  a  municipal  solid  waste
23    landfill  program  in  Illinois  and  to fund a delegation of
24    inspecting, investigating, and enforcement functions,  within
25    the  municipality only, pursuant to subsection (r) of Section
26    4 of this Act to a municipality having a population  of  more
27    than  1,000,000  inhabitants.   The  Agency  shall  execute a
28    delegation agreement pursuant to subsection (r) of Section  4
29    of  this  Act with a municipality having a population of more
30    than 1,000,000 inhabitants within 90 days  of  September  13,
31    1993  and  shall  on  an  annual  basis  distribute  from the
32    Subtitle D Management Fund to that municipality no less  than
33    $150,000.   Funds derived from the fee increase authorized by
34    this  amendatory  Act  of  the 93rd General Assembly shall be
 
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 1    used  to  enhance  the  Agency's  permit   review   functions
 2    including  the  approval  of  significant  modifications  and
 3    expedited   review  of  operating  authorizations  for  newly
 4    constructed landfill liners.
 5    (Source: P.A. 92-574, eff. 6-26-02.)

 6        Section 99.  Effective date.  This Act takes effect  July
 7    1, 2003.