Full Text of SB1089 102nd General Assembly
SB1089ham001 102ND GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 5/20/2021
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| 1 | | AMENDMENT TO SENATE BILL 1089
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1089 on page 1, | 3 | | line 5, after "22.38," by inserting "22.44,"; and | 4 | | on page 41, by replacing lines 10 through 24 with the | 5 | | following:
| 6 | | " For the disposal of solid waste from general construction
| 7 | | or demolition debris recovery facilities as defined in | 8 | | subsection (a-1) of Section 3.160, the total fee, tax, or | 9 | | surcharge imposed by
all units of local government under this | 10 | | subsection (j) upon
the solid waste disposal facility shall | 11 | | not exceed 50% of the
applicable amount set forth above. A unit | 12 | | of local government,
as defined in the Local Solid Waste | 13 | | Disposal Act, in which a
general construction or demolition | 14 | | debris recovery facility is
located may establish a fee, tax, | 15 | | or surcharge on the general construction or demolition debris | 16 | | recovery facility with
regard to the permanent disposal of | 17 | | solid waste by the
general construction or demolition debris |
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| 1 | | recovery facility at
a solid waste disposal facility, provided | 2 | | that such fee, tax,
or surcharge shall not exceed 50% of the | 3 | | applicable amount set
forth above, based on the total amount | 4 | | of solid waste transported from the general construction or | 5 | | demolition debris recovery facility for disposal at solid | 6 | | waste disposal facilities, and the unit of local government | 7 | | and fee shall be
subject to all other requirements of this | 8 | | subsection (j). "; and | 9 | | on page 44, by replacing lines 11 through 13 with the | 10 | | following: | 11 | | "renders at least 50% of the waste reusable ; the exemption | 12 | | set forth in this paragraph (3) of this subsection (k) | 13 | | shall not apply to general construction or demolition | 14 | | debris recovery
facilities as defined in subsection (a-1) | 15 | | of Section 3.160 ;"; and | 16 | | on page 45, by replacing lines 17 through 21 with the | 17 | | following: | 18 | | " (0.5) Ensure that no less than 40% of the total | 19 | | general construction or
demolition debris received at the | 20 | | facility on a rolling 12-month average basis is recyclable | 21 | | general construction or demolition debris as defined in | 22 | | subsection (c). The percentage in this paragraph
(0.5) of | 23 | | subsection (b) shall be calculated by weight. "; and |
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| 1 | | on page 51, by replacing lines 14 through 16 with the | 2 | | following:
| 3 | | " otherwise , incinerated or , burned, (ii) buried , or otherwise | 4 | | used as fill material , including, but not limited to,
the use | 5 | | of any clean construction or demolition debris
fraction of | 6 | | general construction or demolition debris as
fill material | 7 | | under subsection (b) of Section 3.160 or at a
clean | 8 | | construction or demolition debris fill operation
under Section | 9 | | 22.51, or (iii) disposed of at a landfill (ii) general | 10 | | construction or "; and | 11 | | on page 52, line 2, by replacing "and" with " and "; and | 12 | | by replacing line 22 on page 53 through line 5 on page 54 with | 13 | | the following: | 14 | | " (k) No person shall cause or allow the deposit or other
| 15 | | placement of any general construction or demolition debris
| 16 | | that is received at a general construction or demolition
| 17 | | debris recovery facility, including any clean construction
or | 18 | | demolition debris fraction, into or on any land or
water. | 19 | | However, any clean construction or
demolition debris fraction | 20 | | may be used as fill or road
construction material at a clean | 21 | | construction or demolition
debris fill operation under Section | 22 | | 22.51 and any rules or regulations
adopted thereunder if the | 23 | | clean construction or demolition
debris is separated and | 24 | | managed separately from other
general construction or |
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| 1 | | demolition debris and otherwise
meets the requirements | 2 | | applicable to clean construction or
demolition debris at a | 3 | | clean construction or demolition
debris fill operation. "; and | 4 | | by replacing line 16 on page 54 through line 3 on page 55 with | 5 | | the following: | 6 | | " (n) No later than one year after the effective date of | 7 | | this amendatory Act of the 102nd General Assembly, the Agency | 8 | | shall propose to the Board, and no later than one year after | 9 | | receipt of the Agency's proposal, the Board shall adopt, rules | 10 | | for the permitting of general construction or demolition | 11 | | debris recovery facilities. Such rules shall include, but not | 12 | | be limited to: requirements for material receipt, handling, | 13 | | storage, and transfer; improvements to best management | 14 | | practices for identifying, testing for, and removing drywall | 15 | | containing gypsum; recordkeeping; reporting; limiting or | 16 | | prohibiting sulfur in wallboard used or disposed of at | 17 | | landfills; and requirements for the separation and separate | 18 | | management of any clean construction or demolition debris that | 19 | | will be transported to a clean construction or demolition | 20 | | debris fill operation. "; and | 21 | | on page 55, immediately below line 6, by inserting the | 22 | | following:
| 23 | | "(415 ILCS 5/22.44)
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| 1 | | Sec. 22.44. Subtitle D management fees.
| 2 | | (a) There is created within the State treasury a special | 3 | | fund to be
known as the "Subtitle D Management Fund" | 4 | | constituted from the fees collected
by the State under this | 5 | | Section.
| 6 | | (b) The Agency shall assess and collect
a fee in the amount | 7 | | set forth in this subsection from the owner or operator of
each | 8 | | sanitary landfill permitted or required to be permitted by the | 9 | | Agency to
dispose of solid waste if the sanitary landfill is | 10 | | located off the site where
the waste was produced and if the | 11 | | sanitary landfill is owned, controlled, and
operated by a | 12 | | person other than the generator of the waste. The Agency shall
| 13 | | deposit all fees collected under this subsection into the | 14 | | Subtitle D
Management Fund. If a site is contiguous to one or | 15 | | more landfills owned or
operated by the same person, the | 16 | | volumes permanently disposed of by each
landfill shall be | 17 | | combined for purposes of determining the fee under this
| 18 | | subsection.
| 19 | | (1) If more than 150,000 cubic yards of non-hazardous | 20 | | solid waste is
permanently disposed of at a site in a | 21 | | calendar year, the owner or operator
shall either pay a | 22 | | fee of 10.1 cents per cubic yard or,
alternatively, the | 23 | | owner or operator may weigh the quantity of the solid | 24 | | waste
permanently disposed of with a device for which | 25 | | certification has been obtained
under the Weights and | 26 | | Measures Act and pay a fee of 22 cents
per ton of waste |
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| 1 | | permanently disposed of.
| 2 | | (2) If more than 100,000 cubic yards, but not more | 3 | | than 150,000 cubic
yards, of non-hazardous waste is | 4 | | permanently disposed of at a site in a
calendar year, the | 5 | | owner or operator shall pay a fee of $7,020.
| 6 | | (3) If more than 50,000 cubic yards, but not more than | 7 | | 100,000 cubic
yards, of non-hazardous solid waste is | 8 | | permanently disposed of at a site in a
calendar year, the | 9 | | owner or operator shall pay a fee of $3,120.
| 10 | | (4) If more than 10,000 cubic yards, but not more than | 11 | | 50,000 cubic yards,
of non-hazardous solid waste is | 12 | | permanently disposed of at a site in a calendar
year, the | 13 | | owner or operator shall pay a fee of $975.
| 14 | | (5) If not more than 10,000 cubic yards of | 15 | | non-hazardous solid waste is
permanently disposed of at a | 16 | | site in a calendar year, the owner or operator
shall pay a | 17 | | fee of $210.
| 18 | | (c) The fee under subsection (b) shall not apply to any of | 19 | | the following:
| 20 | | (1) Hazardous waste.
| 21 | | (2) Pollution control waste.
| 22 | | (3) Waste from recycling, reclamation, or reuse | 23 | | processes that have been
approved by the Agency as being | 24 | | designed to remove any contaminant from wastes
so as to | 25 | | render the wastes reusable, provided that the process | 26 | | renders at
least 50% of the waste reusable . However, the |
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| 1 | | exemption set forth in this paragraph (3) of this | 2 | | subsection (c) shall not apply to general construction or | 3 | | demolition debris recovery facilities as defined in | 4 | | subsection (a-1) of Section 3.160 .
| 5 | | (4) Non-hazardous solid waste that is received at a | 6 | | sanitary landfill and
composted or recycled through a | 7 | | process permitted by the Agency.
| 8 | | (5) Any landfill that is permitted by the Agency to | 9 | | receive only
demolition or construction debris or | 10 | | landscape waste.
| 11 | | (d) The Agency shall establish rules relating to the | 12 | | collection of the
fees authorized by this Section. These rules | 13 | | shall include, but not be
limited to the following:
| 14 | | (1) Necessary records identifying the quantities of | 15 | | solid waste received
or disposed.
| 16 | | (2) The form and submission of reports to accompany | 17 | | the payment of fees to
the Agency.
| 18 | | (3) The time and manner of payment of fees to the | 19 | | Agency, which payments
shall not be more often than | 20 | | quarterly.
| 21 | | (4) Procedures setting forth criteria establishing | 22 | | when an owner or
operator may measure by weight or volume | 23 | | during any given quarter or other fee
payment period.
| 24 | | (e) Fees collected under this Section shall be in addition | 25 | | to any other fees
collected under any other Section.
| 26 | | (f) The Agency shall not refund any fee paid to it under |
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| 1 | | this Section.
| 2 | | (g) Pursuant to appropriation, all moneys in the Subtitle | 3 | | D Management
Fund shall be used by the Agency to administer the | 4 | | United States Environmental
Protection Agency's Subtitle D | 5 | | Program provided in Sections 4004 and 4010 of
the Resource | 6 | | Conservation and Recovery Act of 1976 (P.L. 94-580) as it | 7 | | relates
to a municipal solid waste landfill program in | 8 | | Illinois and to fund a
delegation of inspecting, | 9 | | investigating, and enforcement functions, within the
| 10 | | municipality only, pursuant to subsection (r) of Section 4 of | 11 | | this Act to a
municipality having a population of more than | 12 | | 1,000,000 inhabitants. The
Agency shall execute a delegation | 13 | | agreement pursuant to subsection (r) of
Section 4 of this Act | 14 | | with a municipality having a population of more than
1,000,000 | 15 | | inhabitants within 90 days of September 13, 1993 and shall on | 16 | | an
annual basis distribute from
the Subtitle D Management Fund | 17 | | to that municipality no less than $150,000. Pursuant to | 18 | | appropriation, moneys in the Subtitle D Management Fund may | 19 | | also be used by the Agency for activities conducted under | 20 | | Section 22.15a of this Act.
| 21 | | (Source: P.A. 93-32, eff. 7-1-03; 94-272, eff. 7-19-05.)".
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