Full Text of SB0546 99th General Assembly
SB0546sam001 99TH GENERAL ASSEMBLY | Sen. Emil Jones, III Filed: 4/17/2015
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| 1 | | AMENDMENT TO SENATE BILL 546
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 546 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | 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) The Agency shall assess and collect
a fee in the amount | 13 | | set forth in this subsection from the owner or operator of
each | 14 | | sanitary landfill permitted or required to be permitted by the | 15 | | Agency to
dispose of solid waste if the sanitary landfill is | 16 | | located off the site where
the waste was produced and if the |
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| 1 | | sanitary landfill is owned, controlled, and
operated by a | 2 | | person other than the generator of the waste. The Agency shall
| 3 | | deposit all fees collected under this subsection into the | 4 | | Subtitle D
Management Fund. If a site is contiguous to one or | 5 | | more landfills owned or
operated by the same person, the | 6 | | volumes permanently disposed of by each
landfill shall be | 7 | | combined for purposes of determining the fee under this
| 8 | | subsection.
| 9 | | (1) If more than 150,000 cubic yards of non-hazardous | 10 | | solid waste is
permanently disposed of at a site in a | 11 | | calendar year, the owner or operator
shall either pay a fee | 12 | | of 10.1 cents per cubic yard or,
alternatively, the owner | 13 | | or operator may weigh the quantity of the solid waste
| 14 | | permanently disposed of with a device for which | 15 | | certification has been obtained
under the Weights and | 16 | | Measures Act and pay a fee of 22 cents
per ton of waste | 17 | | permanently disposed of.
| 18 | | (2) If more than 100,000 cubic yards, but not more than | 19 | | 150,000 cubic
yards, of non-hazardous waste is permanently | 20 | | disposed of at a site in a
calendar year, the owner or | 21 | | operator shall pay a fee of $7,020.
| 22 | | (3) If more than 50,000 cubic yards, but not more than | 23 | | 100,000 cubic
yards, of non-hazardous solid waste is | 24 | | permanently disposed of at a site in a
calendar year, the | 25 | | owner or operator shall pay a fee of $3,120.
| 26 | | (4) If more than 10,000 cubic yards, but not more than |
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| 1 | | 50,000 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 $975.
| 4 | | (5) If not more than 10,000 cubic yards of | 5 | | non-hazardous solid waste is
permanently disposed of at a | 6 | | site in a calendar year, the owner or operator
shall pay a | 7 | | fee of $210.
| 8 | | (c) The fee under subsection (b) shall not apply to any of | 9 | | the following:
| 10 | | (1) Hazardous waste.
| 11 | | (2) Pollution control waste.
| 12 | | (3) Waste from recycling, reclamation, or reuse | 13 | | processes that have been
approved by the Agency as being | 14 | | designed to remove any contaminant from wastes
so as to | 15 | | render the wastes reusable, provided that the process | 16 | | renders at
least 50% of the waste reusable.
| 17 | | (4) Non-hazardous solid waste that is received at a | 18 | | sanitary landfill and
composted or recycled through a | 19 | | process permitted by the Agency.
| 20 | | (5) Any landfill that is permitted by the Agency to | 21 | | receive only
demolition or construction debris or | 22 | | landscape waste.
| 23 | | (d) The Agency shall establish rules relating to the | 24 | | collection of the
fees authorized by this Section. These rules | 25 | | shall include, but not be
limited to the following:
| 26 | | (1) Necessary records identifying the quantities of |
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| 1 | | solid waste received
or disposed.
| 2 | | (2) The form and submission of reports to accompany the | 3 | | payment of fees to
the Agency.
| 4 | | (3) The time and manner of payment of fees to the | 5 | | Agency, which payments
shall not be more often than | 6 | | quarterly.
| 7 | | (4) Procedures setting forth criteria establishing | 8 | | when an owner or
operator may measure by weight or volume | 9 | | during any given quarter or other fee
payment period.
| 10 | | (e) Fees collected under this Section shall be in addition | 11 | | to any other fees
collected under any other Section.
| 12 | | (f) The Agency shall not refund any fee paid to it under | 13 | | this Section.
| 14 | | (g) Pursuant to appropriation, all moneys in the Subtitle D | 15 | | Management
Fund shall be used by the Agency to administer the | 16 | | United States Environmental
Protection Agency's Subtitle D | 17 | | Program provided in Sections 4004 and 4010 of
the Resource | 18 | | Conservation and Recovery Act of 1976 (P.L. 94-580) as it | 19 | | relates
to a municipal solid waste landfill program in Illinois | 20 | | and to fund a
delegation of inspecting, investigating, and | 21 | | enforcement functions, within the funded county or
| 22 | | municipality only, pursuant to subsection (r) of Section 4 of | 23 | | this Act to a
municipality having a population of more than | 24 | | 1,000,000 inhabitants or a county having a population of more | 25 | | than 2,000,000 inhabitants . The
Agency shall execute a | 26 | | delegation agreement pursuant to subsection (r) of
Section 4 of |
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| 1 | | this Act with a municipality having a population of more than
| 2 | | 1,000,000 inhabitants within 90 days of September 13, 1993 and | 3 | | shall on an
annual basis distribute from
the Subtitle D | 4 | | Management Fund to that municipality no less than $150,000. The | 5 | | Agency shall on an annual basis distribute no less than | 6 | | $150,000 from the Subtitle D Management Fund to any county with | 7 | | a delegation agreement and with a population of over 2,000,000 | 8 | | inhabitants. Pursuant to appropriation, moneys in the Subtitle | 9 | | D Management Fund may also be used by the Agency for activities | 10 | | conducted under Section 22.15a of this Act.
| 11 | | (Source: P.A. 93-32, eff. 7-1-03; 94-272, eff. 7-19-05.)".
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