State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 002 ]

90_HB0664ham001

                                             LRB9003551DPccam
 1                     AMENDMENT TO HOUSE BILL 664
 2        AMENDMENT NO.     .  Amend House Bill  664  by  replacing
 3    the title with the following:
 4        "AN  ACT  to amend the Solid Waste Planning and Recycling
 5    Act by changing Sections 3 and 6 and  adding  Section  5.5.";
 6    and
 7    by  replacing  everything  after the enacting clause with the
 8    following:
 9        "Section 5. The Solid Waste Planning and Recycling Act is
10    amended by changing Sections 3 and 6 and adding  Section  5.5
11    as follows:
12        (415 ILCS 15/3) (from Ch. 85, par. 5953)
13        Sec.  3.  Definitions.  As  used  in this Act, unless the
14    context clearly indicates otherwise:
15        "Agency"  means  the  Illinois  Environmental  Protection
16    Agency.
17        "Composting"  means  the  biological  process  by   which
18    microorganisms  decompose  the  organic  fraction  of  waste,
19    producing  a  humus-like  material that may be used as a soil
20    conditioner.
21        "County" means any county of the State and  includes  the
                            -2-              LRB9003551DPccam
 1    City of Chicago.
 2        "Department"   means   the  Department  of  Commerce  and
 3    Community Affairs.
 4        "Municipal  waste"  means:  discarded  garbage;   general
 5    household   waste;  institutional  waste;  commercial  waste;
 6    industrial  lunchroom   or   office   waste;   uncontaminated
 7    packaging  waste; discarded landscape waste; construction and
 8    demolition waste from buildings and roads that is  not  clean
 9    construction  and  demolition  debris; abandoned or discarded
10    household or commercial appliances and appliance  components;
11    waste parts from motor vehicles normally removed as a part of
12    regular  maintenance,  which  include  but are not limited to
13    tires and batteries; and  wastes  collected  at  a  household
14    hazardous  waste collection facility or other waste component
15    collection facility for the purpose of recycling or disposing
16    of the collected waste components.  "Municipal  waste"  shall
17    not  include: special waste; earth materials moved or removed
18    during demolition  or  construction;  clean  construction  or
19    demolition  debris;  abandoned or scrap motor vehicles; scrap
20    metal,  plastics,  or   other   materials   from   industrial
21    operations,  which  include but are not limited to machining,
22    lathe  work,  or  tool  and   die   operations;   commercial,
23    institutional  or  industrial machinery or equipment; surplus
24    or donated, usable or reusable, clothing or commodities given
25    to  any  private,  public,  not-for-profit,   or   charitable
26    organizations;  or  surplus  or  donated food contributed for
27    human consumption garbage, general  household,  institutional
28    and  commercial  waste, industrial lunchroom or office waste,
29    landscape waste, and construction and demolition debris.
30        "Person" means any individual,  partnership,  cooperative
31    enterprise,    unit   of   local   government,   institution,
32    corporation or agency, or any other legal  entity  whatsoever
33    which  is  recognized  by  law  as  the subject of rights and
34    duties.
                            -3-              LRB9003551DPccam
 1        "Recycling,  reclamation  or  reuse"  means   a   method,
 2    technique  or process designed to remove any contaminant from
 3    waste so as to render the waste reusable, or any  process  by
 4    which  materials  that  would  otherwise  be  disposed  of or
 5    discarded are collected, separated or processed and  returned
 6    to  the  economic  mainstream in the form of raw materials or
 7    products.
 8        "Recycling center" means a  facility  that  accepts  only
 9    segregated,     nonhazardous,     nonspecial,    homogeneous,
10    nonputrescible materials, such as dry paper, glass,  cans  or
11    plastics,  for  subsequent  use  in  the  secondary materials
12    market.
13    (Source: P.A. 89-445, eff. 2-7-96.)
14        (415 ILCS 15/5.5 new)
15        Sec. 5.5. Measurement and Reporting Standards Task Force.
16        (a)  There is established  a  Measurement  and  Reporting
17    Standards Task Force. The Task Force shall be composed of the
18    Director of the Agency and the Director of the Department, or
19    their  designees,  and  10  public  members  appointed by the
20    Governor,  including  2  persons  representing  environmental
21    interests, 2 persons representing industrial  and  commercial
22    interests,  one  person  representing  the Illinois Recycling
23    Association, one person representing county  government,  one
24    person   representing   municipal   government,   one  person
25    representing private waste haulers, one  person  representing
26    private    recyclers,    and    one    person    representing
27    intergovernmental  cooperatives.  From  among these members a
28    chairperson shall be selected  by  majority  vote  and  shall
29    preside  for  the duration of the Task Force. The duration of
30    the Task Force shall not exceed one year, and the Task  Force
31    shall  report its findings and recommendations to the General
32    Assembly by September 30, 1998. The Task Force shall:
33             (1)  Assess     potential      governmental      and
                            -4-              LRB9003551DPccam
 1        nongovernmental  impediments  to  the  standardization of
 2        measurement and reporting  guidelines  for  solid  waste,
 3        including   but   limited   to   existing   environmental
 4        regulations.
 5             (2)  Consider  recommendations for the creation of a
 6        reporting format to be utilized by counties in  reporting
 7        to the Agency.
 8             (3)  Review,   evaluate,  and  make  recommendations
 9        regarding definitions with relation to the measurement of
10        recycling rates.
11             (4)  Define reporting requirements and determine who
12        is required to report to county agencies.
13        (b)  Members of the Task Force shall  be  reimbursed  for
14    ordinary  and  necessary expenses incurred in the performance
15    of their duties, except that reimbursement shall  be  limited
16    to  expenses  associated  with  no  more  than 8 meetings per
17    calendar year.
18        (415 ILCS 15/6) (from Ch. 85, par. 5956)
19        Sec. 6. Recycling programs. Each county waste  management
20    plan  adopted  under  Section  4  shall  include  a recycling
21    program.  Such recycling program:
22        (1)  Shall  be  implemented  throughout  the  county  and
23    include a time schedule for implementation of the program.
24        (2)  Shall provide for the  designation  of  a  recycling
25    coordinator to administer the program.
26        (3)  Shall  be  designed  to  recycle,  by the end of the
27    third and fifth years of the program,  respectively  15%  and
28    25%  of  the municipal waste generated in the county, subject
29    to  the  existence  of  a  viable  market  for  the  recycled
30    material,  based  on  measurements  of  recycling  and  waste
31    generated in terms  of  weight.   The  determination  of  the
32    municipal  waste  generation  rate  and  the  municipal waste
33    recycling rate shall not include only  materials  within  the
                            -5-              LRB9003551DPccam
 1    definition  of  municipal  waste:  discarded  motor vehicles,
 2    wastes used for clean fill or erosion control or  commercial,
 3    institutional  or  industrial  machinery  or  equipment.  The
 4    determination  of  the quantities of materials recycled shall
 5    include but not  be  limited  to:  municipal  waste  that  is
 6    separated,  collected,  and  processed  and  returned  to the
 7    economic mainstream in the form of raw materials or products;
 8    landscape  or  other  municipal  waste  that  is   separated,
 9    collected,  and  composted at permitted facilities; landscape
10    or other  municipal  waste  that  is  collected  and  applied
11    directly  to  agricultural  land at agronomic rates as a soil
12    conditioner,  fertilizer,  or  mulch;  landscape   or   other
13    municipal  waste  used  to  enhance fish or wildlife habitat;
14    construction  or  demolition   debris   used   for   building
15    construction   purposes  or  as  road  bed  or  road  surface
16    materials; waste separated and processed for  use  as  animal
17    feed;  wastes  such as cooking grease that are processed at a
18    rendering facility for return to the economic mainstream, and
19    metals recovered from processing  municipal  waste  including
20    major  appliances.   The  determination  of the quantities of
21    materials recycled shall not include: waste  incinerated  for
22    energy  recovery or volume reduction; waste used to produce a
23    refuse derived fuel; wastes used for clean  fill  or  erosion
24    control; or waste separated for use as landfill cover.
25        (3-5)  Shall  not  require  landfills, transfer stations,
26    recycling centers, or  transporters  of  municipal  waste  to
27    report  to the county quantities of municipal waste according
28    to categories set  forth  in  the  definition  of  "municipal
29    waste".
30        (4)  May  provide  for  the construction and operation of
31    one or more recycling centers by a unit of local  government,
32    or  for contracting with other public or private entities for
33    the operation of recycling centers.
34        (5)  May require residents  of  the  county  to  separate
                            -6-              LRB9003551DPccam
 1    recyclable  materials  at  the  time  of  disposal  or  trash
 2    pick-up.
 3        (6)  May   make  special  provision  for  commercial  and
 4    institutional  establishments  that   implement   their   own
 5    specialized    recycling   programs,   provided   that   such
 6    establishments annually provide written documentation to  the
 7    county of the total number of tons of material recycled.
 8        (7)  Shall provide for separate collection and composting
 9    of leaves.
10        (8)  Shall  include  public  education  and  notification
11    programs  to foster understanding of and encourage compliance
12    with the recycling program.
13        (9)  Shall include provisions for  compliance,  including
14    incentives and penalties.
15        (10)  Shall  include  provisions  for  (i)  recycling the
16    collected materials, (ii) identifying potential  markets  for
17    at  least 3 recyclable materials, and (iii) promoting the use
18    of products made from recovered or recycled  materials  among
19    businesses, newspapers and local governments in the county.
20        (11)  May  provide for the payment of recycling diversion
21    credits to public and private parties  engaged  in  recycling
22    activities.
23    (Source: P.A. 86-777; 87-650.)".

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