Full Text of HB4986 97th General Assembly
HB4986 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4986 Introduced , by Rep. Karen May SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/22.15 | from Ch. 111 1/2, par. 1022.15 | 415 ILCS 5/22.44 | | 415 ILCS 15/5 | from Ch. 85, par. 5955 | 415 ILCS 15/6 | from Ch. 85, par. 5956 | 415 ILCS 20/6 | from Ch. 111 1/2, par. 7056 |
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Amends the Environmental Protection Act. Changes the categories of waste that qualify for exemptions from State and local tipping fees and Subtitle D management fees. Amends the Solid Waste Planning and Recycling Act. Requires each county to report its recycling and composting rate and its disposal rate to the Environmental Protection Agency. Establishes a recycling and composting goal that each county waste management plan must satisfy. Amends the Illinois Solid Waste Management Act. Authorizes the Department of Commerce and Economic Opportunity to prepare a resource management plan that contains certain information about recycling and composting in the State. Authorizes the Department to provide grants to counties, municipalities with a population of 1,000,000 or more, and municipal joint action agencies in order to help achieve the recycling and composting goals. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 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 by | 5 | | changing Sections 22.15 and 22.44 as follows:
| 6 | | (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
| 7 | | Sec. 22.15. Solid Waste Management Fund; fees.
| 8 | | (a) There is hereby created within the State Treasury a
| 9 | | special fund to be known as the "Solid Waste Management Fund", | 10 | | to be
constituted from the fees collected by the State pursuant | 11 | | to this Section
and from repayments of loans made from the Fund | 12 | | for solid waste projects.
Moneys received by the Department of | 13 | | Commerce and Economic Opportunity
in repayment of loans made | 14 | | pursuant to the Illinois Solid Waste Management
Act shall be | 15 | | deposited into the General Revenue Fund.
| 16 | | (b) The Agency shall assess and collect a
fee in the amount | 17 | | set forth herein from the owner or operator of each sanitary
| 18 | | landfill permitted or required to be permitted by the Agency to | 19 | | dispose of
solid waste if the sanitary landfill is located off | 20 | | the site where such waste
was produced and if such sanitary | 21 | | landfill is owned, controlled, and operated
by a person other | 22 | | than the generator of such waste. The Agency shall deposit
all | 23 | | fees collected into the Solid Waste Management Fund. If a site |
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| 1 | | is
contiguous to one or more landfills owned or operated by the | 2 | | same person, the
volumes permanently disposed of by each | 3 | | landfill shall be combined for purposes
of determining the fee | 4 | | under this subsection.
| 5 | | (1) If more than 150,000 cubic yards of non-hazardous | 6 | | solid waste is
permanently disposed of at a site in a | 7 | | calendar year, the owner or operator
shall either pay a fee | 8 | | of 95 cents per cubic yard or,
alternatively, the owner or | 9 | | operator may weigh the quantity of the solid waste
| 10 | | permanently disposed of with a device for which | 11 | | certification has been obtained
under the Weights and | 12 | | Measures Act and pay a fee of $2.00 per
ton of solid waste | 13 | | permanently disposed of. In no case shall the fee collected
| 14 | | or paid by the owner or operator under this paragraph | 15 | | exceed $1.55 per cubic yard or $3.27 per ton.
| 16 | | (2) If more than 100,000 cubic yards but not more than | 17 | | 150,000 cubic
yards of non-hazardous waste is permanently | 18 | | disposed of at a site in a calendar
year, the owner or | 19 | | operator shall pay a fee of $52,630.
| 20 | | (3) If more than 50,000 cubic yards but not more than | 21 | | 100,000 cubic
yards of non-hazardous solid waste is | 22 | | permanently disposed of at a site
in a calendar year, the | 23 | | owner or operator shall pay a fee of $23,790.
| 24 | | (4) If more than 10,000 cubic yards but not more than | 25 | | 50,000 cubic
yards of non-hazardous solid waste is | 26 | | permanently disposed of at a site
in a calendar year, the |
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| 1 | | owner or operator shall pay a fee of $7,260.
| 2 | | (5) If not more than 10,000 cubic yards of | 3 | | non-hazardous solid waste is
permanently disposed of at a | 4 | | site in a calendar year, the owner or operator
shall pay a | 5 | | fee of $1050.
| 6 | | (c) (Blank).
| 7 | | (d) The Agency shall establish rules relating to the | 8 | | collection of the
fees authorized by this Section. Such rules | 9 | | shall include, but not be
limited to:
| 10 | | (1) necessary records identifying the quantities of | 11 | | solid waste received
or disposed;
| 12 | | (2) the form and submission of reports to accompany the | 13 | | payment of fees
to the Agency;
| 14 | | (3) the time and manner of payment of fees to the | 15 | | Agency, which payments
shall not be more often than | 16 | | quarterly; and
| 17 | | (4) procedures setting forth criteria establishing | 18 | | when an owner or
operator may measure by weight or volume | 19 | | during any given quarter or other
fee payment period.
| 20 | | (e) Pursuant to appropriation, all monies in the Solid | 21 | | Waste Management
Fund shall be used by the Agency and the | 22 | | Department of Commerce and Economic Opportunity for the | 23 | | purposes set forth in this Section and in the Illinois
Solid | 24 | | Waste Management Act, including for the costs of fee collection | 25 | | and
administration.
| 26 | | (f) The Agency is authorized to enter into such agreements |
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| 1 | | and to
promulgate such rules as are necessary to carry out its | 2 | | duties under this
Section and the Illinois Solid Waste | 3 | | Management Act.
| 4 | | (g) On the first day of January, April, July, and October | 5 | | of each year,
beginning on July 1, 1996, the State Comptroller | 6 | | and Treasurer shall
transfer $500,000 from the Solid Waste | 7 | | Management Fund to the Hazardous Waste
Fund. Moneys transferred | 8 | | under this subsection (g) shall be used only for the
purposes | 9 | | set forth in item (1) of subsection (d) of Section 22.2.
| 10 | | (h) The Agency is authorized to provide financial | 11 | | assistance to units of
local government for the performance of | 12 | | inspecting, investigating and
enforcement activities pursuant | 13 | | to Section 4(r) at nonhazardous solid
waste disposal sites.
| 14 | | (i) The Agency is authorized to support the operations of | 15 | | 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 with | 20 | | regard to the permanent disposal of solid waste.
All fees, | 21 | | taxes, and surcharges collected under this subsection shall be
| 22 | | utilized for solid waste management purposes, including | 23 | | long-term monitoring
and maintenance of landfills, planning, | 24 | | implementation, inspection, enforcement
and other activities | 25 | | consistent with the Solid Waste Management Act and the
Local | 26 | | Solid Waste Disposal Act, or for any other environment-related |
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| 1 | | purpose,
including but not limited to an environment-related | 2 | | public works project, but
not for the construction of a new | 3 | | pollution control facility other than a
household hazardous | 4 | | waste facility. However, the total fee, tax or surcharge
| 5 | | imposed by all units of local government under this subsection | 6 | | (j) upon the
solid waste disposal facility shall not exceed:
| 7 | | (1) 60˘ per cubic yard if more than 150,000 cubic yards | 8 | | of non-hazardous
solid waste is permanently disposed of at | 9 | | the site in a calendar year, unless
the owner or operator | 10 | | weighs the quantity of the solid waste received with a
| 11 | | device for which certification has been obtained under the | 12 | | Weights and Measures
Act, in which case the fee shall not | 13 | | exceed $1.27 per ton of solid waste
permanently disposed | 14 | | of.
| 15 | | (2) $33,350 if more than 100,000
cubic yards, but not | 16 | | more than 150,000 cubic yards, of non-hazardous waste
is | 17 | | permanently disposed of at the site in a calendar year.
| 18 | | (3) $15,500 if more than 50,000 cubic
yards, but not | 19 | | more than 100,000 cubic yards, of non-hazardous solid waste | 20 | | is
permanently disposed of at the site in a calendar year.
| 21 | | (4) $4,650 if more than 10,000 cubic
yards, but not | 22 | | more than 50,000 cubic yards, of non-hazardous solid waste
| 23 | | is permanently disposed of at the site in a calendar year.
| 24 | | (5) $$650 if not more than 10,000 cubic
yards of | 25 | | non-hazardous solid waste is permanently disposed of at the | 26 | | site in
a calendar year.
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| 1 | | The corporate authorities of the unit of local government
| 2 | | may use proceeds from the fee, tax, or surcharge to reimburse a | 3 | | highway
commissioner whose road district lies wholly or | 4 | | partially within the
corporate limits of the unit of local | 5 | | government for expenses incurred in
the removal of | 6 | | nonhazardous, nonfluid municipal waste that has been dumped
on | 7 | | public property in violation of a State law or local ordinance.
| 8 | | A county or Municipal Joint Action Agency that imposes a | 9 | | fee, tax, or
surcharge under this subsection may use the | 10 | | proceeds thereof to reimburse a
municipality that lies wholly | 11 | | or partially within its boundaries for expenses
incurred in the | 12 | | removal of nonhazardous, nonfluid municipal waste that has been
| 13 | | dumped on public property in violation of a State law or local | 14 | | ordinance.
| 15 | | If the fees are to be used to conduct a local sanitary | 16 | | landfill
inspection or enforcement program, the unit of local | 17 | | government must enter
into a written delegation agreement with | 18 | | the Agency pursuant to subsection
(r) of Section 4. The unit of | 19 | | local government and the Agency shall enter
into such a written | 20 | | delegation agreement within 60 days after the
establishment of | 21 | | such fees. At least annually,
the Agency shall conduct an audit | 22 | | of the expenditures made by units of local
government from the | 23 | | funds granted by the Agency to the units of local
government | 24 | | for purposes of local sanitary landfill inspection and | 25 | | enforcement
programs, to ensure that the funds have been | 26 | | expended for the prescribed
purposes under the grant.
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| 1 | | The fees, taxes or surcharges collected under this | 2 | | subsection (j) shall
be placed by the unit of local government | 3 | | in a separate fund, and the
interest received on the moneys in | 4 | | the fund shall be credited to the fund. The
monies in the fund | 5 | | may be accumulated over a period of years to be
expended in | 6 | | accordance with this subsection.
| 7 | | A unit of local government, as defined in the Local Solid | 8 | | Waste Disposal
Act, shall prepare and distribute to the Agency, | 9 | | in April of each year, a
report that details spending plans for | 10 | | monies collected in accordance with
this subsection. The report | 11 | | will at a minimum include the following:
| 12 | | (1) The total monies collected pursuant to this | 13 | | subsection.
| 14 | | (2) The most current balance of monies collected | 15 | | pursuant to this
subsection.
| 16 | | (3) An itemized accounting of all monies expended for | 17 | | the previous year
pursuant to this subsection.
| 18 | | (4) An estimation of monies to be collected for the | 19 | | following 3
years pursuant to this subsection.
| 20 | | (5) A narrative detailing the general direction and | 21 | | scope of future
expenditures for one, 2 and 3 years.
| 22 | | The exemptions granted under Sections 22.16 and 22.16a, and | 23 | | under
subsection (k) of this Section, shall be applicable to | 24 | | any fee,
tax or surcharge imposed under this subsection (j); | 25 | | except that the fee,
tax or surcharge authorized to be imposed | 26 | | under this subsection (j) may be
made applicable by a unit of |
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| 1 | | local government to the permanent disposal of
solid waste after | 2 | | December 31, 1986, under any contract lawfully executed
before | 3 | | June 1, 1986 under which more than 150,000 cubic yards (or | 4 | | 50,000 tons)
of solid waste is to be permanently disposed of, | 5 | | even though the waste is
exempt from the fee imposed by the | 6 | | State under subsection (b) of this Section
pursuant to an | 7 | | exemption granted under Section 22.16.
| 8 | | (k) In accordance with the findings and purposes of the | 9 | | Illinois Solid
Waste Management Act, beginning January 1, 1989 | 10 | | the fee under subsection
(b) and the fee, tax or surcharge | 11 | | under subsection (j) shall not apply to:
| 12 | | (1) Waste which is hazardous waste; or
| 13 | | (2) Waste which is water or waste water treatment plant | 14 | | sludges pollution control waste ; or
| 15 | | (3) Waste from facilities accepting exclusively | 16 | | general construction or demolition debris under Section | 17 | | 22.38, provided that such facilities' processes have been | 18 | | approved by the Agency on an annual basis as operating so | 19 | | as to render at least 50%, by weight, of the reusable waste | 20 | | as recyclable general construction or demolition debris, | 21 | | or recovered wood that is processed for use as a fuel, as | 22 | | those terms are defined in Section 22.38. recycling, | 23 | | reclamation or reuse processes which have been
approved by | 24 | | the Agency as being designed to remove any contaminant from
| 25 | | wastes so as to render such wastes reusable, provided that | 26 | | the process
renders at least 50% of the waste reusable; or
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| 1 | | (4) Non-hazardous solid waste that is received at a | 2 | | sanitary landfill
and composted or recycled through a | 3 | | process permitted by the Agency; or
| 4 | | (5) Any landfill which is permitted by the Agency to | 5 | | receive only
demolition or construction debris or | 6 | | landscape waste.
| 7 | | (Source: P.A. 97-333, eff. 8-12-11.)
| 8 | | (415 ILCS 5/22.44)
| 9 | | Sec. 22.44. Subtitle D management fees.
| 10 | | (a) There is created within the State treasury a special | 11 | | fund to be
known as the "Subtitle D Management Fund" | 12 | | constituted from the fees collected
by the State under this | 13 | | Section.
| 14 | | (b) The Agency shall assess and collect
a fee in the amount | 15 | | set forth in this subsection from the owner or operator of
each | 16 | | sanitary landfill permitted or required to be permitted by the | 17 | | Agency to
dispose of solid waste if the sanitary landfill is | 18 | | located off the site where
the waste was produced and if the | 19 | | sanitary landfill is owned, controlled, and
operated by a | 20 | | person other than the generator of the waste. The Agency shall
| 21 | | deposit all fees collected under this subsection into the | 22 | | Subtitle D
Management Fund. If a site is contiguous to one or | 23 | | more landfills owned or
operated by the same person, the | 24 | | volumes permanently disposed of by each
landfill shall be | 25 | | combined for purposes of determining the fee under this
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| 1 | | subsection.
| 2 | | (1) If more than 150,000 cubic yards of non-hazardous | 3 | | solid waste is
permanently disposed of at a site in a | 4 | | calendar year, the owner or operator
shall either pay a fee | 5 | | of 10.1 cents per cubic yard or,
alternatively, the owner | 6 | | or operator may weigh the quantity of the solid waste
| 7 | | permanently disposed of with a device for which | 8 | | certification has been obtained
under the Weights and | 9 | | Measures Act and pay a fee of 22 cents
per ton of waste | 10 | | permanently disposed of.
| 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 $7,020.
| 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 $3,120.
| 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 $975.
| 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 $210.
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| 1 | | (c) The fee under subsection (b) shall not apply to any of | 2 | | the following :
| 3 | | (1) hazardous Hazardous waste ; .
| 4 | | (2) waste or waste water treatment plant sludges; or | 5 | | Pollution control waste.
| 6 | | (3) waste Waste from facilities accepting exclusively | 7 | | general construction or demolition debris under Section | 8 | | 22.38, provided that such facilities' processes have been | 9 | | approved by the Agency on an annual basis as operating so | 10 | | as to render at least 50%, by weight, of the reusable waste | 11 | | as recyclable general construction or demolition debris, | 12 | | or recovered wood that is processed for use as a fuel, as | 13 | | those terms are defined in Section 22.38 recycling, | 14 | | reclamation, or reuse processes that have been
approved by | 15 | | the Agency as being designed to remove any contaminant from | 16 | | wastes
so as to render the wastes reusable, provided that | 17 | | the process renders at
least 50% of the waste reusable .
| 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.
| 21 | | (5) Any landfill that is permitted by the Agency to | 22 | | receive only
demolition or construction debris or | 23 | | landscape waste.
| 24 | | (d) The Agency shall establish rules relating to the | 25 | | collection of the
fees authorized by this Section. These rules | 26 | | shall include, but not be
limited to the following:
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| 1 | | (1) Necessary records identifying the quantities of | 2 | | solid waste received
or disposed.
| 3 | | (2) The form and submission of reports to accompany the | 4 | | payment of fees to
the Agency.
| 5 | | (3) The time and manner of payment of fees to the | 6 | | Agency, which payments
shall not be more often than | 7 | | quarterly.
| 8 | | (4) Procedures setting forth criteria establishing | 9 | | when an owner or
operator may measure by weight or volume | 10 | | during any given quarter or other fee
payment period.
| 11 | | (e) Fees collected under this Section shall be in addition | 12 | | to any other fees
collected under any other Section.
| 13 | | (f) The Agency shall not refund any fee paid to it under | 14 | | this Section.
| 15 | | (g) Pursuant to appropriation, all moneys in the Subtitle D | 16 | | Management
Fund shall be used by the Agency to administer the | 17 | | United States Environmental
Protection Agency's Subtitle D | 18 | | Program provided in Sections 4004 and 4010 of
the Resource | 19 | | Conservation and Recovery Act of 1976 (P.L. 94-580) as it | 20 | | relates
to a municipal solid waste landfill program in Illinois | 21 | | and to fund a
delegation of inspecting, investigating, and | 22 | | enforcement functions, within the
municipality only, pursuant | 23 | | to subsection (r) of Section 4 of this Act to a
municipality | 24 | | having a population of more than 1,000,000 inhabitants. The
| 25 | | Agency shall execute a delegation agreement pursuant to | 26 | | subsection (r) of
Section 4 of this Act with a municipality |
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| 1 | | having a population of more than
1,000,000 inhabitants within | 2 | | 90 days of September 13, 1993 and shall on an
annual basis | 3 | | distribute from
the Subtitle D Management Fund to that | 4 | | municipality no less than $150,000. Pursuant to appropriation, | 5 | | moneys in the Subtitle D Management Fund may also be used by | 6 | | the Agency for activities conducted under Section 22.15a of | 7 | | this Act.
| 8 | | (Source: P.A. 93-32, eff. 7-1-03; 94-272, eff. 7-19-05.)
| 9 | | Section 10. The Solid Waste Planning and Recycling Act is | 10 | | amended by changing Sections 5 and 6 as follows:
| 11 | | (415 ILCS 15/5) (from Ch. 85, par. 5955)
| 12 | | Sec. 5.
(a) Prior to adopting a waste management plan for | 13 | | submission
to the Agency, the county shall form an advisory | 14 | | committee, which shall
include representatives from | 15 | | municipalities within the county, citizen
organizations, | 16 | | industry, the private solid waste management industry
| 17 | | operating within the county, local recyclers and any other | 18 | | persons deemed
appropriate by the county. The advisory | 19 | | committee shall review the plan
during its preparation, make | 20 | | suggestions and propose any changes it believes
appropriate.
| 21 | | (b) The county shall provide written notice to all | 22 | | municipalities and
interested members of the public when plan | 23 | | development begins and shall
provide periodic written progress | 24 | | reports to such entities concerning the
preparation of the |
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| 1 | | plan.
| 2 | | (c) Prior to adoption by the governing body of the county, | 3 | | the county
shall submit copies of the proposed plan for review | 4 | | and comment to the
Agency, all municipalities within the | 5 | | county, all areawide planning
agencies and the county health | 6 | | department. The county shall also make the
proposed plan | 7 | | available for public review and comment. The period for
review | 8 | | and comment shall be 90 days. The county shall hold at least | 9 | | one
public hearing on the proposed plan during this period. The | 10 | | plan
subsequently submitted to the governing body of the county | 11 | | for adoption
shall be accompanied by a document containing | 12 | | written responses to
substantive comments made during the | 13 | | comment period.
| 14 | | (d) The governing body of the county shall adopt a plan | 15 | | within 60 days
from the end of the public comment period. | 16 | | Within 10 days of adoption,
the plan shall be submitted to the | 17 | | Agency for review.
| 18 | | (e) Each county waste management plan shall be updated and | 19 | | reviewed
every 5 years, and any necessary or appropriate | 20 | | revisions shall be
submitted to the Agency for review and | 21 | | comment.
| 22 | | (f) Each county shall report its recycling and composting | 23 | | rate and its disposal rate annually to the Agency in accordance | 24 | | with the methodology in the Illinois Resource Management Plan | 25 | | prepared pursuant to Section 6 of the Solid Waste Management | 26 | | Act. |
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| 1 | | (Source: P.A. 89-443, eff. 7-1-96.)
| 2 | | (415 ILCS 15/6) (from Ch. 85, par. 5956)
| 3 | | Sec. 6.
Each county waste management plan adopted under | 4 | | Section 4 and updated under Section 5
shall include a recycling | 5 | | program. Such recycling program:
| 6 | | (1) shall be implemented throughout the county and include | 7 | | a time
schedule for implementation of the program.
| 8 | | (2) shall provide for the designation of a recycling | 9 | | coordinator to
administer the program.
| 10 | | (3) shall be designed to recycle and compost , by the end of | 11 | | the years 2020 and 2025 third and fifth years
of the program , | 12 | | respectively , 40% 15% and 45% 25% of the municipal waste | 13 | | generated
in the counties with a population over 200,000 as of | 14 | | the 2010 United States census; and 30% and 35%, respectively, | 15 | | in counties with a population of 200,000 or under county , | 16 | | subject to the existence of a viable market for the recycled
| 17 | | material, based on measurements of recycling and waste | 18 | | generated in terms
of weight. Each county may implement | 19 | | programs recommended in the Illinois Resource Management Plan | 20 | | to achieve the recycling and composting rates and shall | 21 | | describe in the 5-year plan updates the programs, if any, from | 22 | | the Illinois Resource Management Plan that it has implemented. | 23 | | The determination of recycling rate shall not include: | 24 | | discarded
motor vehicles, wastes used for clean fill or erosion | 25 | | control, or
commercial, institutional or industrial machinery |
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| 1 | | or equipment.
| 2 | | (4) may provide for the construction and operation of one | 3 | | or more
recycling centers by a unit of local government, or for | 4 | | contracting with
other public or private entities for the | 5 | | operation of recycling centers.
| 6 | | (5) may require residents of the county to separate | 7 | | recyclable materials
at the time of disposal or trash pick-up.
| 8 | | (6) may make special provision for commercial and | 9 | | institutional
establishments that implement their own | 10 | | specialized recycling programs,
provided that such | 11 | | establishments annually provide written documentation to
the | 12 | | county of the total number of tons of material recycled.
| 13 | | (7) shall provide for separate collection and composting of | 14 | | leaves.
| 15 | | (8) shall include public education and notification | 16 | | programs to foster
understanding of and encourage compliance | 17 | | with the recycling program.
| 18 | | (9) shall include provisions for compliance, including | 19 | | incentives and
penalties.
| 20 | | (10) shall include provisions for (i) recycling the | 21 | | collected
materials, (ii) identifying potential markets for at | 22 | | least 3 recyclable
materials, and
(iii) promoting the use of | 23 | | products made from recovered or recycled
materials among | 24 | | businesses, newspapers and local governments in the county.
| 25 | | (11) may provide for the payment of recycling diversion | 26 | | credits to
public and private parties engaged in recycling |
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| 1 | | activities.
| 2 | | (Source: P.A. 86-777; 87-650.)
| 3 | | Section 15. The Illinois Solid Waste Management Act is | 4 | | amended by changing Section 6 as follows:
| 5 | | (415 ILCS 20/6) (from Ch. 111 1/2, par. 7056)
| 6 | | Sec. 6. The Department of Commerce and Economic Opportunity | 7 | | shall be the lead agency for implementation of this Act and
| 8 | | shall have the following powers:
| 9 | | (a) To provide technical and educational assistance for | 10 | | applications of
technologies and practices which will minimize | 11 | | the land disposal of
non-hazardous solid waste; economic | 12 | | feasibility of implementation of solid
waste management | 13 | | alternatives; analysis of markets for recyclable materials
and | 14 | | energy products; application of the Geographic Information
| 15 | | System to provide analysis of natural resource, land use, and | 16 | | environmental
impacts; evaluation of financing and ownership | 17 | | options; and evaluation of
plans prepared by units of local | 18 | | government pursuant to Section 22.15 of
the Environmental | 19 | | Protection Act.
| 20 | | (b) To provide technical assistance in siting pollution | 21 | | control
facilities, defined as any waste storage site, sanitary | 22 | | landfill, waste
disposal site, waste transfer station or waste | 23 | | incinerator.
| 24 | | (c) To provide loans or recycling and composting grants to |
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| 1 | | businesses and
not-for-profit and governmental organizations | 2 | | for the purposes of increasing
the quantity of materials | 3 | | recycled or composted in Illinois; developing and
implementing
| 4 | | innovative recycling methods and technologies; developing and | 5 | | expanding
markets for recyclable materials; and increasing the | 6 | | self-sufficiency of
the recycling industry in Illinois. The | 7 | | Department shall work with and
coordinate its activities with | 8 | | existing for-profit and not-for-profit
collection and | 9 | | recycling systems to encourage orderly growth in the supply
of | 10 | | and markets for recycled materials and to assist existing | 11 | | collection and
recycling efforts.
| 12 | | The Department shall develop a public education program | 13 | | concerning the
importance of both composting and recycling in | 14 | | order to preserve landfill
space in Illinois.
| 15 | | (d) To establish guidelines and funding criteria for the | 16 | | solicitation of
projects under this Act, and to receive and | 17 | | evaluate applications for
loans or grants for solid waste | 18 | | management projects based upon such
guidelines and criteria. | 19 | | Funds may be loaned with or without interest.
| 20 | | (e) To support and coordinate solid waste research in | 21 | | Illinois, and to
approve the annual solid waste research agenda | 22 | | prepared by the University of
Illinois.
| 23 | | (f) To provide loans or grants for research, development | 24 | | and
demonstration of innovative technologies and practices, | 25 | | including but not
limited to pilot programs for collection and | 26 | | disposal of household wastes.
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| 1 | | (g) To promulgate such rules and regulations as are | 2 | | necessary to carry
out the purposes of subsections (c), (d) and | 3 | | (f) of this Section.
| 4 | | (g-5) To prepare and periodically update a statewide | 5 | | Illinois Resource Management Plan. The Plan shall contain, at a | 6 | | minimum, the following provisions: | 7 | | (1) an estimate, using 2010 as a base year, of the | 8 | | amount and composition of waste disposed and the amount and | 9 | | composition of material recycled and composted on both a | 10 | | statewide and per capita basis; | 11 | | (2) a methodology for counties to use in determining | 12 | | their recycling and composting rate on an annual basis; | 13 | | (3) a methodology for counties to use in determining | 14 | | their disposal rates on an annual basis; | 15 | | (4) recycling, reuse, and composting programs that are | 16 | | applicable to counties with a population of over 200,000 | 17 | | according to the 2010 United States census; | 18 | | (5) recycling, reuse, and composting programs that are | 19 | | applicable to counties with a population of 200,000 or less | 20 | | according to the 2010 United States census; | 21 | | (6) education and public outreach programs that are | 22 | | applicable to all counties; | 23 | | (7) an assessment of the potential barriers to | 24 | | achieving the recycling and composting requirement in | 25 | | Section 6 of the Solid Waste Planning and Recycling Act and | 26 | | strategies for overcoming those barriers; |
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| 1 | | (8) an evaluation of the role that the Agency and the | 2 | | Department have in assisting counties and the State as a | 3 | | whole in achieving higher recycling and composting rates; | 4 | | (9) an evaluation of whether Illinois should require | 5 | | counties to implement mandatory recycling and composting | 6 | | programs; and | 7 | | (10) an evaluation of the types of programs and | 8 | | legislation necessary for the State of Illinois to achieve | 9 | | an overall disposal rate of 40% of the waste generated by | 10 | | the year 2030. | 11 | | (g-6) To provide annual resource recovery grants to | 12 | | counties, municipalities with a population of 1,000,000 or | 13 | | more, and municipal joint action agencies, based on the | 14 | | population of such units of local government, to help achieve | 15 | | the recycling and composting requirements in Section 6 of the | 16 | | Solid Waste Planning and Recycling Act. To be eligible for an | 17 | | annual resource recovery grant a unit of local government must | 18 | | have: | 19 | | (1) a designated recycling coordinator; | 20 | | (2) submitted the appropriate 5-year plan update to the | 21 | | Agency; and | 22 | | (3) submitted annual recycling and composting rate, | 23 | | and disposal rate information in accordance with | 24 | | subsection (f) of Section 5 of the Solid Waste Planning and | 25 | | Recycling Act. | 26 | | (h) To cooperate with the Environmental Protection Agency |
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| 1 | | for the
purposes specified herein.
| 2 | | The Department is authorized to accept any and all grants,
| 3 | | repayments of
interest and principal on loans, matching funds,
| 4 | | reimbursements, appropriations, income derived from | 5 | | investments, or other
things of value from the federal or state | 6 | | governments or from any
institution, person, partnership, | 7 | | joint venture, corporation, public or
private.
| 8 | | The Department is authorized to use moneys available for | 9 | | that purpose, subject
to appropriation, expressly for the | 10 | | purpose of implementing a
loan program according to procedures | 11 | | established pursuant to this Act.
Those moneys shall be used by | 12 | | the Department for the purpose of
financing additional projects | 13 | | and for the Department's administrative
expenses related | 14 | | thereto.
| 15 | | (Source: P.A. 94-91, eff. 7-1-05.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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