Full Text of SB1434 99th General Assembly
SB1434 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1434 Introduced 2/20/2015, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED: |
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415 ILCS 20/2 | from Ch. 111 1/2, par. 7052 |
415 ILCS 20/4.1 new | |
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Amends the Illinois Solid Waste Management Act. Provides that, on or before December 1, 2016, the Illinois Sustainable Technology Center of the Prairie Research Institute at the University of Illinois shall publish a Statewide resource management plan, and shall update the plan every 5 years. Provides that the Statewide resource management plan shall include specified information. Makes a change to the preferred solid waste management activities in a provision concerning public policy.
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| | 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 Illinois Solid Waste Management Act is | 5 | | amended by changing Section 2 and by adding Section 4.1 as | 6 | | follows:
| 7 | | (415 ILCS 20/2) (from Ch. 111 1/2, par. 7052)
| 8 | | Sec. 2. Public Policy. (a) The General Assembly finds:
| 9 | | (1) that current solid waste disposal practices are not | 10 | | adequate to
address the needs of many metropolitan areas in | 11 | | Illinois;
| 12 | | (2) that the generation of solid waste is increasing while | 13 | | landfill
capacity is decreasing;
| 14 | | (3) that siting of new landfills, transfer stations, | 15 | | incinerators,
recycling facilities, or other solid waste | 16 | | management facilities and the
expansion of existing facilities | 17 | | is very difficult due to the public
concern and competition | 18 | | with other land uses for suitable sites;
| 19 | | (4) that more effective and efficient management of solid | 20 | | waste is
needed in a manner that promotes economic development, | 21 | | protects the
environment and public health and safety, and | 22 | | allows the most practical and
beneficial use of the material | 23 | | and energy values of solid waste;
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| 1 | | (5) that state government policy and programs should be | 2 | | developed to
assist local governments and private industry in | 3 | | seeking solutions to solid
waste management problems;
| 4 | | (6) that the purchase of products or supplies made from | 5 | | recycled
materials by public agencies in the State will divert | 6 | | significant
quantities of waste from landfills, reduce | 7 | | disposal costs and stimulate
recycling markets, thereby | 8 | | encouraging the further use of recycled
materials and educating | 9 | | the public about the utility and availability of
such | 10 | | materials;
| 11 | | (7) that there are wastes for which combustion would not | 12 | | provide
practical energy recovery or practical volume | 13 | | reduction, which cannot be
reasonably recycled or reused and | 14 | | which have reduced environmental threat
because they are | 15 | | non-putrescible, homogeneous and do not contain free
liquids. | 16 | | Such wastes bear a real and substantial difference under the
| 17 | | purposes of the Illinois Solid Waste Management Act from solid | 18 | | wastes for
which combustion would provide practical energy | 19 | | recovery or practical
volume reduction, which can be reasonably | 20 | | recycled or reused, or which are
putrescible, non-homogeneous | 21 | | or contain free liquids;
| 22 | | (8) since it is the policy of the State as set forth in the
| 23 | | Environmental Protection Act to assure that contaminants | 24 | | discharged into
the atmosphere or waters of the State are given | 25 | | the degree of treatment or
control necessary to prevent | 26 | | pollution, that wastes generated as a result
of removing |
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| 1 | | contaminants from the air, water or land bear a real and
| 2 | | substantial difference from other wastes in that the generation | 3 | | of wastes
containing pollution treatment residuals can improve | 4 | | the environment in
Illinois and should be encouraged;
| 5 | | (9) since it is the policy of the State as set forth in the
| 6 | | Environmental Protection Act to promote conservation of | 7 | | natural resources
and minimize environmental damage by | 8 | | encouraging and effecting recycling
and reuse of waste | 9 | | materials, that wastes from recycling, reclamation or
reuse | 10 | | processes designed to remove contaminants so as to render such | 11 | | wastes
reusable or wastes received at a landfill and recycled | 12 | | through an Agency
permitted process bear a real and substantial | 13 | | difference from wastes not
resulting from or subject to such | 14 | | recycling, reclamation, or reuse and that
encouraging such | 15 | | recycling, reclamation or reuse furthers the purposes of
the | 16 | | Illinois Solid Waste Management Act;
| 17 | | (10) that there are over 300 landfills in Illinois which | 18 | | are permitted to
accept only demolition or construction debris | 19 | | or landscape waste, the vast
majority of which accept less than | 20 | | 10,000 cubic yards per year. By
themselves these wastes pose | 21 | | only a minimal hazard to the environment when
landfilled in | 22 | | compliance with regulatory requirements in an
Agency-permitted | 23 | | site without commingling with other wastes and, as such,
| 24 | | landfills receiving only such wastes bear a real and | 25 | | substantial difference
from landfills receiving wastes which | 26 | | are
commingled. Disposal of these wastes in landfills permitted |
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| 1 | | for municipal
wastes uses up increasingly scarce capacity for | 2 | | garbage, general household
and commercial waste. It is the | 3 | | policy of the State to encourage disposal
of these wastes in | 4 | | separate landfills.
| 5 | | (b) It is the purpose of this Act to reduce reliance on | 6 | | land disposal of
solid waste, to encourage and promote | 7 | | alternative means of managing solid
waste, and to assist local | 8 | | governments with solid waste planning and
management. In the | 9 | | interest of the public health, safety, and welfare, in order to | 10 | | conserve energy and natural resources, and to maintain and | 11 | | enhance job creation, and after consideration of the technical | 12 | | and economic feasibility, it is the policy of the State of | 13 | | Illinois to establish a comprehensive Statewide program for | 14 | | solid waste management which will preserve or enhance the | 15 | | quality of air, water, and land resources in accordance with | 16 | | the following preferred In furtherance of those aims, while | 17 | | recognizing that landfills
will continue to be necessary, this | 18 | | Act establishes the
following waste management hierarchy, in | 19 | | descending order of preference,
as State policy:
| 20 | | (1) volume reduction at the source;
| 21 | | (2) recycling and reuse;
| 22 | | (3) recycling; combustion with energy recovery ;
| 23 | | (4) composting or biological treatment; combustion for | 24 | | volume reduction;
| 25 | | (5) recovering energy; and | 26 | | (6) disposal in landfill facilities or other approved |
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| 1 | | disposal methods .
| 2 | | (Source: P.A. 85-1440.)
| 3 | | (415 ILCS 20/4.1 new) | 4 | | Sec. 4.1. State resources management plan. On or before | 5 | | December 1, 2016, the Illinois Sustainable Technology Center of | 6 | | the Prairie Research Institute at the University of Illinois | 7 | | shall publish a Statewide resource management plan, and shall | 8 | | update the plan every 5 years. The Illinois Sustainable | 9 | | Technology Center may obtain assistance from outside experts to | 10 | | assist in the preparation of the plan. The plan shall be | 11 | | developed with the assistance of a broad-based advisory | 12 | | committee. Funding for the plan shall be taken from the | 13 | | Illinois Solid Waste Management Fund. The plan shall include | 14 | | the following information: | 15 | | (a) An estimate, with 2014 as a base year, of the | 16 | | amount and composition of waste disposed on a Statewide and | 17 | | per capita basis, and development of a database of | 18 | | permitted facilities and non-permitted facilities that | 19 | | must notify the Agency, including landfills, garbage | 20 | | transfer stations, landscape waste transfer stations, | 21 | | composting sites, landscape waste land application sites, | 22 | | construction and demolition debris recycling facilities, | 23 | | and recycling facilities that process recyclables from | 24 | | residential or commercial generators. In addition, an | 25 | | estimate of the overall waste generation rate and how that |
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| 1 | | waste is managed after generation (amount reused, | 2 | | recycled, composted, and disposed) as of 2014. It is | 3 | | expected that the Department of Commerce and Economic | 4 | | Opportunity waste characterization study conducted in 2014 | 5 | | will form the basis for this Section of the State plan. The | 6 | | results of the 2014 Department of Commerce and Economic | 7 | | Opportunity study should be compared to the 2009 study to | 8 | | evaluate trends in composition of waste and material being | 9 | | disposed. This comparison should lead to conclusions | 10 | | regarding recommendations for diversion programs. It is | 11 | | also recommended that the 2014 study be used by counties | 12 | | when preparing their 5-year updates to develop or enhance | 13 | | local programs to capture and divert materials identified | 14 | | in the 2014 study. | 15 | | (b) A common methodology for counties to use in | 16 | | determining their
annual recycling and composting rate. | 17 | | Included shall be a
recommendation that county plans | 18 | | include identification of
facilities (at a minimum the name | 19 | | of facility, geographic
location, and type of facility) | 20 | | that accept recyclables and
organic material for | 21 | | recycling, composting, or digestion from
the county, and | 22 | | that this information be used to update and
augment the | 23 | | database of facilities developed as part of the
State plan. | 24 | | (c) A common methodology for counties to use in | 25 | | determining their
annual waste disposal rate. Included | 26 | | shall be a recommendation
that county plans include |
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| 1 | | identification of facilities (at a
minimum the name of the | 2 | | facility, geographic location, and type
of facility) that | 3 | | accept for transfer or final disposal
municipal waste from | 4 | | the county, and that this information be
used to update and | 5 | | augment the database of facilities
developed as part of the | 6 | | State plan. | 7 | | (d) Source reduction, reuse, recycling, and composting | 8 | | programs
that are applicable to counties with a population | 9 | | of 200,000 or more. Specific recommendations should be | 10 | | developed for residential programs (single family and | 11 | | multi-family), commercial programs, and construction and | 12 | | demolition debris programs. Each recommendation shall | 13 | | include an estimate of the cost to implement the program, | 14 | | how it will be funded, and an estimated timeframe for | 15 | | implementation. | 16 | | (e) Source reduction, reuse, recycling, and composting | 17 | | programs that are applicable to counties with a population | 18 | | of less than 200,000. Specific recommendations should be | 19 | | developed for residential programs (single and | 20 | | multi-family), commercial programs and construction and | 21 | | demolition debris programs. Each recommendation shall | 22 | | include an estimate of the cost to implement the program, | 23 | | how it will be funded, and an estimated timeframe for the | 24 | | implementation. | 25 | | (f) A template for a 5-year plan update that can be | 26 | | used by counties when submitting their 5-year updates to |
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| 1 | | the Agency. | 2 | | (g) Education and public outreach programs that are | 3 | | applicable to all counties. This should include an overall | 4 | | education campaign strategy for counties (how to define the | 5 | | target audience, what media to use, and how to allocate | 6 | | resources), and development of an updated education | 7 | | toolkit with sample flyers, press releases, radio ads, | 8 | | recycling guidelines for recyclables, composting | 9 | | guidelines for food scrap collection, website banners, and | 10 | | similar materials. | 11 | | (h) An assessment of the Department of Commerce and | 12 | | Economic Opportunity waste characterization study | 13 | | conducted in 2014 to form the basis of setting realistic | 14 | | diversion goals over specified periods of time through | 15 | | implementation of the methods and programs identified in | 16 | | the State plan, where diversion goals will be determined | 17 | | based on: (1) landfill disposal volumes to account for | 18 | | source reduction and reuse, and (2) economically viable | 19 | | commodity markets available to account for recyclable | 20 | | materials. | 21 | | The State goal is to meet diversion rates of 40% by 2020, | 22 | | 45% diversion by 2025, and 50% diversion by 2030 in counties | 23 | | with a population over 200,000 (as of 2010 census); 30%, 35%, | 24 | | and 40% respectively in counties with a population of 200,000 | 25 | | or less. | 26 | | The State plan shall also detail the specific |
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| 1 | | responsibilities of the counties regarding implementation of | 2 | | the plan, and identify the future role the Agency, the | 3 | | Department of Commerce and Economic Opportunity, and other | 4 | | State agencies have in assisting counties and the State to | 5 | | achieve the goals outlined in the State plan. The State plan | 6 | | should also provide a vision with recommended practices that | 7 | | may include residential curbside programs, voluntary industry | 8 | | initiatives, public/private partnerships, consumer education, | 9 | | product stewardship, and extended producer responsibility, | 10 | | disposal bans, mandatory recycling, zero waste approaches, and | 11 | | State government procurement, from which policy makers may | 12 | | consider what proposed programs may have merit for | 13 | | implementation in Illinois. The evaluation of which programs or | 14 | | practices have merit should be conducted pursuant to paragraph | 15 | | (4) of subsection (c) of Section 4 of the Solid Waste Planning | 16 | | and Recycling Act which requires "an evaluation of the | 17 | | environmental, energy, life cycle cost, and economic | 18 | | advantages and disadvantages" of the proposed programs. In | 19 | | addition, the State plan may include recommendations to | 20 | | Congress, such as product labeling, that will benefit State | 21 | | diversion plans.
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