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90_HB0664
415 ILCS 15/3 from Ch. 85, par. 5953
415 ILCS 15/6 from Ch. 85, par. 5956
415 ILCS 15/7 from Ch. 85, par. 5957
Amends the Solid Waste Planning and Recycling Act.
Specifies the materials to be considered by a county when
calculating the municipal waste generation and recycling rate
required to implement its recycling program. Defines terms.
Requires persons who (i) collect or transport materials for
recycling purposes, (ii) collect or transport municipal
wastes, or (iii) deliver recyclable materials to end markets,
to provide statements to county recycling coordinators by
July 1, 1998 and semiannually thereafter. Exempts persons
who collect, transport, or process less than 1,000 tons of
municipal waste or recyclable materials per year. Imposes
reporting requirements on county recycling coordinators and
the Department of Natural Resources. Effective July 1, 1997.
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LRB9003551DPcc
1 AN ACT to amend the Solid Waste Planning and Recycling
2 Act by changing Sections 3, 6, and 7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Solid Waste Planning and Recycling Act is
6 amended by changing Sections 3, 6, and 7 as follows:
7 (415 ILCS 15/3) (from Ch. 85, par. 5953)
8 Sec. 3. As used in this Act, unless the context clearly
9 indicates otherwise:
10 "Agency" means the Illinois Environmental Protection
11 Agency.
12 "Clean construction and demolition debris" means broken
13 concrete without protruding metal bars, bricks, rock, stone,
14 reclaimed asphalt pavement, or uncontaminated dirt or sand
15 generated from construction or demolition activities.
16 "Composting" means the biological process by which
17 microorganisms decompose the organic fraction of waste,
18 producing a humus-like material that may be used as a soil
19 conditioner.
20 "County" means any county of the State and includes the
21 City of Chicago.
22 "Department" means the Department of Commerce and
23 Community Affairs.
24 "Garbage" has the meaning assigned by Section 3.11 of the
25 Environmental Protection Act.
26 "Landscape waste" has the meaning assigned by Section
27 3.20 of the Environmental Protection Act.
28 "Municipal waste" means: discarded garbage; general
29 household waste; institutional waste; commercial waste;
30 industrial lunchroom or office waste; uncontaminated
31 packaging waste; discarded landscape waste; construction and
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1 demolition waste from buildings and roads; abandoned or
2 discarded household or commercial appliances and appliance
3 components; waste parts from motor vehicles removed as a part
4 of routine maintenance, including but not limited to tires,
5 batteries, and waste collected from a household hazardous
6 waste collection center or other waste component collection
7 center for the purpose of recycling or disposal. "Municipal
8 waste" does not mean: special waste; earth materials moved or
9 removed during demolition or construction; abandoned or scrap
10 motor vehicles; scrap metal, plastics, or other materials
11 from industrial operations, including but not limited to
12 machining, lathe work, or tool and die operations;
13 commercial, institutional, or industrial machinery or
14 equipment; surplus or donated usable or reusable clothing or
15 commodities given to any private, public, not-for-profit, or
16 charitable organizations; or surplus or donated food
17 contributed for human consumption garbage, general household,
18 institutional and commercial waste, industrial lunchroom or
19 office waste, landscape waste, and construction and
20 demolition debris.
21 "Person" means any individual, partnership, cooperative
22 enterprise, unit of local government, institution,
23 corporation or agency, or any other legal entity whatsoever
24 which is recognized by law as the subject of rights and
25 duties.
26 "Recycling, reclamation or reuse" means a method,
27 technique or process designed to remove any contaminant from
28 waste so as to render the waste reusable, or any process by
29 which materials that would otherwise be disposed of or
30 discarded are collected, separated or processed and returned
31 to the economic mainstream in the form of raw materials or
32 products.
33 "Recycling center" means a facility that accepts only
34 segregated, nonhazardous, nonspecial, homogeneous,
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1 nonputrescible materials, such as dry paper, glass, cans or
2 plastics, for subsequent use in the secondary materials
3 market.
4 "Special waste" has the meaning assigned by Section 3.45
5 of the Environmental Protection Act.
6 (Source: P.A. 89-445, eff. 2-7-96.)
7 (415 ILCS 15/6) (from Ch. 85, par. 5956)
8 Sec. 6. Recycling programs. Each county waste
9 management plan adopted under Section 4 shall include a
10 recycling program. Such recycling program:
11 (1) shall be implemented throughout the county and
12 include a time schedule for implementation of the program.
13 (2) shall provide for the designation of a recycling
14 coordinator to administer the program.
15 (3) shall be designed to recycle, by the end of the
16 third and fifth years of the program, respectively 15% and
17 25% of the municipal waste generated in the county, subject
18 to the existence of a viable market for the recycled
19 material, based on measurements of recycling and waste
20 generated in terms of weight. The determination of the
21 municipal waste generation rate and the municipal waste
22 recycling rate shall not include only materials within the
23 definition of municipal waste. The determination of the
24 quantities of materials recycled shall include but not be
25 limited to: municipal waste that is separated, collected,
26 processed and returned to the economic mainstream in the form
27 of raw materials or products; landscape or other municipal
28 waste that is separated, collected and composted at permitted
29 facilities; landscape or other municipal waste that is
30 collected and applied directly to agricultural land at
31 agronomic rates as a soil conditioner, fertilizer, or mulch;
32 landscape or other municipal waste used to enhance fish or
33 wildlife habitat; construction or demolition debris used for
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1 building construction purposes or as road bed or road surface
2 material; waste separated and processed for use as animal
3 feed; waste such as cooking grease that is processed at a
4 rendering facility for return to the economic mainstream; and
5 metals recovered from processing municipal waste, including
6 major appliances. The determination of the quantities of
7 materials recycled shall not include: waste incinerated for
8 energy recovery or volume reduction; waste used to produce a
9 refuse-derived fuel; waste used for clean fill or erosion
10 control; and waste separated for use as landfill cover
11 discarded motor vehicles, wastes used for clean fill or
12 erosion control, or commercial, institutional or industrial
13 machinery or equipment.
14 (4) may provide for the construction and operation of
15 one or more recycling centers by a unit of local government,
16 or for contracting with other public or private entities for
17 the operation of recycling centers.
18 (5) may require residents of the county to separate
19 recyclable materials at the time of disposal or trash
20 pick-up.
21 (6) may make special provision for commercial and
22 institutional establishments that implement their own
23 specialized recycling programs, provided that such
24 establishments annually provide written documentation to the
25 county of the total number of tons of material recycled.
26 (7) shall provide for separate collection and composting
27 of leaves.
28 (8) shall include public education and notification
29 programs to foster understanding of and encourage compliance
30 with the recycling program.
31 (9) shall include provisions for compliance, including
32 incentives and penalties.
33 (10) shall include provisions for (i) recycling the
34 collected materials, (ii) identifying potential markets for
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1 at least 3 recyclable materials, and (iii) promoting the use
2 of products made from recovered or recycled materials among
3 businesses, newspapers and local governments in the county.
4 (11) may provide for the payment of recycling diversion
5 credits to public and private parties engaged in recycling
6 activities.
7 (Source: P.A. 86-777; 87-650.)
8 (415 ILCS 15/7) (from Ch. 85, par. 5957)
9 (This Section may contain text from a Public Act with a
10 delayed effective date)
11 Sec. 7. Implementation of waste management plans.
12 (a) Each county shall begin implementation of its waste
13 management plan, including the recycling program, within one
14 year of adoption of the plan. The county may enter into
15 written agreements with other persons, including a
16 municipality or persons transporting municipal waste on the
17 effective date of this Act, pursuant to which the persons
18 undertake to fulfill some or all of the county's
19 responsibilities under this Act. A person who enters into an
20 agreement shall be responsible with the county for the
21 implementation of such programs.
22 (b) In implementing the recycling program, consideration
23 for the collection, marketing and disposition of recyclable
24 materials shall be given to persons engaged in the business
25 of recycling within the county on the effective date of this
26 Act, whether or not the persons were operating for profit.
27 If a township within the county is operating a recycling
28 program on the effective date of the plan which substantially
29 conforms with or exceeds the requirements of the recycling
30 program included in the plan, the township may continue to
31 operate its recycling program, and such operation shall
32 constitute, within the township, implementation of the
33 recycling program included in the plan. A township may at
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1 any time adopt and implement a recycling program that is more
2 stringent than that required by the county waste management
3 plan.
4 (c) The Department shall assist counties in implementing
5 recycling programs under this Act, and may, pursuant to
6 appropriation, make grants and loans from the Solid Waste
7 Management Fund to counties or other units of local
8 governments for that purpose, to be used for capital
9 assistance or for the payment of recycling diversion credits
10 or for other recycling program purposes, in accordance with
11 such guidelines as may be adopted by the Department.
12 (d) By July 1, 1998, and semiannually thereafter, a
13 person in Illinois engaged in the collection or
14 transportation of materials for the purpose of recycling
15 shall provide to the recycling coordinators in all counties
16 in which the recyclable materials originated and to which the
17 recyclable materials were transported for processing a
18 statement on a form prepared by the Department and
19 distributed by the counties. At a minimum, the statement
20 shall contain all of the following information:
21 (1) The total quantity by weight of recyclable
22 materials collected or transported in the previous 6
23 months.
24 (2) A list of communities from which the recyclable
25 materials were collected.
26 (3) The names and addresses of the facilities to
27 which the recyclable materials were delivered after
28 collection.
29 (e) By July 1, 1998, and semiannually thereafter, a
30 person in Illinois engaged in the collection or
31 transportation of municipal waste shall provide to the
32 recycling coordinators in all counties in which the municipal
33 waste originated and to which the municipal waste was
34 transported for final disposal a statement on a form prepared
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1 by the Department and distributed by the counties. At a
2 minimum, the statement shall contain all of the following
3 information:
4 (1) The total quantity by weight of municipal waste
5 collected or transported in the previous 6 months.
6 (2) A list of communities from which the municipal
7 waste was collected.
8 (3) The names and addresses of facilities to which
9 the municipal waste was delivered after collection.
10 (f) By July 1, 1998, and semiannually thereafter, a
11 person in Illinois who delivers recyclable materials to an
12 end market or to a destination outside the State of Illinois
13 shall provide to the recycling coordinators in all counties
14 in which recyclable materials originated and in which the
15 recyclable material end markets are located a statement on a
16 form prepared by the Department and distributed by the
17 counties. At a minimum, the statement shall contain all of
18 the following information:
19 (1) The total quantity by weight of recyclable
20 materials by material type delivered to each end market
21 in the previous 6 months.
22 (2) A list of communities from which the recyclable
23 materials were collected.
24 (3) The facility name and address of each end
25 market.
26 For the purposes of this Section, "end market" means a
27 person, business, or organization that accepts or purchases
28 recyclable materials as raw materials for the manufacture or
29 production of value-added products. End markets include, but
30 are not limited to, glass cullet manufacturers, recycled
31 plastic resin producers, and other intermediate materials
32 processing industries. End markets do not include recycled
33 materials brokers, scrap yards, and recycling centers or
34 materials recovery facilities that process recyclable
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1 materials solely for separation, contamination control,
2 volume reduction, and packaging for shipment.
3 (g) Persons involved in the collection, transportation,
4 or processing of less than 1,000 tons per year of recyclable
5 materials or municipal waste are exempt from the reporting
6 requirements of subsections (d), (e), and (f).
7 (h) By March 1, 1999, and annually thereafter, the
8 recycling coordinator for each county shall report to the
9 Department a compilation of the municipal waste and recycling
10 data provided for in subsections (d), (e), and (f) on a form
11 provided by the Department.
12 (i) On or before October 1, 1999, and annually
13 thereafter, the Department shall publish a report regarding
14 the extent of recycling activity in the State based on the
15 information provided by the county recycling coordinators.
16 The report shall include an assessment of the statewide
17 recycling rate.
18 (Source: P.A. 89-443, eff. 7-1-96.)
19 Section 99. Effective date. This Act takes effect July
20 1, 1997.