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90_HB1886
415 ILCS 5/22.15 from Ch. 111 1/2, par. 1022.15
Amends the Environmental Protection Act to make a
technical change.
LRB9003897DPmg
LRB9003897DPmg
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 22.15.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Section 22.15 as follows:
7 (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
8 Sec. 22.15. Solid Waste Management Fund; fees.
9 (a) There is hereby created within the State Treasury a
10 special fund to be known as the "Solid Waste Management Fund"
11 constituted from the fees collected by the State pursuant to
12 this Section and from repayments of loans made from the Fund
13 for solid waste projects. Moneys received by the Department
14 of Commerce and Community Affairs in repayment of loans made
15 pursuant to the Illinois Solid Waste Management Act shall be
16 deposited into the Solid Waste Management Revolving Loan
17 Fund.
18 (b) On and after January 1, 1987, the Agency shall
19 assess and collect a fee in the amount set forth herein from
20 the owner or operator of each sanitary landfill permitted or
21 required to be permitted by the Agency to dispose of solid
22 waste if the sanitary landfill is located off the site where
23 such waste was produced and if such sanitary landfill is
24 owned, controlled, and operated by a person other than the
25 generator of such waste. The Agency shall deposit all fees
26 collected into the Solid Waste Management Fund. If a site is
27 contiguous to one or more landfills owned or operated by the
28 same person, the volumes permanently disposed of by each
29 landfill shall be combined for purposes of determining the
30 fee under this subsection.
31 (1) If more than 150,000 cubic yards of
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1 non-hazardous solid waste is permanently disposed of at a
2 site in a calendar year, the owner or operator shall
3 either pay a fee of 45 cents per cubic yard (60¢ per
4 cubic yard from January 1, 1989 through December 31,
5 1993), or alternatively the owner or operator may weigh
6 the quantity of the solid waste permanently disposed of
7 with a device for which certification has been obtained
8 under the Weights and Measures Act and pay a fee of 95
9 cents per ton ($1.27 per ton from January 1, 1989 through
10 December 31, 1993) of solid waste permanently disposed
11 of. An owner or operator that is subject to any fee, tax,
12 or surcharge imposed under the authority of subsection
13 (j) of this Section on September 26, 1991, with respect
14 to fees due to the Agency under this paragraph after
15 December 31, 1991 and before January 1, 1994, shall
16 deduct from the amount paid to the Agency the amount by
17 which the fee paid under subsection (j) exceeds 45 cents
18 per cubic yard or 95 cents per ton. In no case shall the
19 fee collected or paid by the owner or operator under this
20 paragraph exceed $1.05 per cubic yard or $2.22 per ton.
21 (2) If more than 100,000 cubic yards, but not more
22 than 150,000 cubic yards of non-hazardous waste is
23 permanently disposed of at a site in a calendar year, the
24 owner or operator shall pay a fee of $25,000 ($33,350 in
25 1989, 1990 and 1991).
26 (3) If more than 50,000 cubic yards, but not more
27 than 100,000 cubic yards of non-hazardous solid waste is
28 permanently disposed of at a site in a calendar year, the
29 owner or operator shall pay a fee of $11,300 ($15,500 in
30 1989, 1990 and 1991).
31 (4) If more than 10,000 cubic yards, but not more
32 than 50,000 cubic yards of non-hazardous solid waste is
33 permanently disposed of at a site in a calendar year, the
34 owner or operator shall pay a fee of $3,450 ($4,650 in
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1 1989, 1990 and 1991).
2 (5) If not more than 10,000 cubic yards of
3 non-hazardous solid waste is permanently disposed of at a
4 site in a calendar year, the owner or operator shall pay
5 a fee of $500 ($650 in 1989, 1990 and 1991).
6 (c) From January 1, 1987 through December 31, 1988, the
7 fee set forth in this Section shall not apply to:
8 (1) Solid waste which is hazardous waste;
9 (2) Any landfill which is permitted by the Agency
10 to receive only demolition or construction debris or
11 landscape waste; or
12 (3) The following wastes:
13 (A) Foundry sand;
14 (B) Coal combustion by-product, including
15 scrubber waste and fluidized bed boiler waste which
16 does not contain metal cleaning waste;
17 (C) Slag from the manufacture of iron and
18 steel;
19 (D) Pollution Control Waste;
20 (E) Wastes from recycling, reclamation or
21 reuse processes designed to remove any contaminant
22 from wastes so as to render such wastes reusable,
23 provided that the process renders at least 50% of
24 the waste reusable;
25 (F) Non-hazardous solid waste that is received
26 at a sanitary landfill after January 1, 1987 and
27 recycled through a process permitted by the Agency.
28 (d) The Agency shall establish rules relating to the
29 collection of the fees authorized by this Section. Such
30 rules shall include, but not be limited to:
31 (1) necessary records identifying the quantities of
32 solid waste received or disposed;
33 (2) the form and submission of reports to accompany
34 the payment of fees to the Agency;
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1 (3) the time and manner of payment of fees to the
2 Agency, which payments shall not be more often than
3 quarterly; and
4 (4) procedures setting forth criteria establishing
5 when an owner or operator may measure by weight or volume
6 during any given quarter or other fee payment period.
7 (e) Pursuant to appropriation, all moneys monies in the
8 Solid Waste Management Fund shall be used by the Agency and
9 the Department of Commerce and Community Affairs for the
10 purposes set forth in this Section and in the Illinois Solid
11 Waste Management Act, including for the costs of fee
12 collection and administration, and through June 30, 1989, by
13 the University of Illinois for research consistent with the
14 Illinois Solid Waste Management Act.
15 (f) The Agency is authorized to enter into such
16 agreements and to promulgate such rules as are necessary to
17 carry out its duties under this Section and the Illinois
18 Solid Waste Management Act.
19 (g) On the first day of January, April, July, and
20 October of each year, beginning on July 1, 1996, the State
21 Comptroller and Treasurer shall transfer $500,000 from the
22 Solid Waste Management Fund to the Hazardous Waste Fund.
23 Moneys transferred under this subsection (g) shall be used
24 only for the purposes set forth in item (1) of subsection (d)
25 of Section 22.2. of Commerce and Community Affairs of
26 Commerce and Community Affairs
27 (h) The Agency is authorized to provide financial
28 assistance to units of local government for the performance
29 of inspecting, investigating and enforcement activities
30 pursuant to Section 4(r) at nonhazardous solid waste disposal
31 sites.
32 (i) The Agency is authorized to support the operations
33 of an industrial materials exchange service, and to conduct
34 household waste collection and disposal programs.
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1 (j) A unit of local government, as defined in the Local
2 Solid Waste Disposal Act, in which a solid waste disposal
3 facility is located may establish a fee, tax or surcharge
4 with regard to the permanent disposal of solid waste, to be
5 utilized for solid waste management purposes, including
6 long-term monitoring and maintenance of landfills, planning,
7 implementation, inspection, enforcement and other activities
8 consistent with the Solid Waste Management Act and the Local
9 Solid Waste Disposal Act. However, the total fee, tax or
10 surcharge imposed by all units of local government under this
11 subsection (j) upon the solid waste disposal facility shall
12 not exceed:
13 (1) 45¢ per cubic yard (60¢ per cubic yard
14 beginning January 1, 1992) if more than 150,000 cubic
15 yards of non-hazardous solid waste is permanently
16 disposed of at the site in a calendar year, unless the
17 owner or operator weighs the quantity of the solid waste
18 received with a device for which certification has been
19 obtained under the Weights and Measures Act, in which
20 case the fee shall not exceed 95¢ per ton ($1.27 per ton
21 beginning January 1, 1992) of solid waste permanently
22 disposed of.
23 (2) $25,000 ($33,350 beginning in 1992) if more
24 than 100,000 cubic yards, but not more than 150,000 cubic
25 yards, of non-hazardous waste is permanently disposed of
26 at the site in a calendar year.
27 (3) $11,300 ($15,500 beginning in 1992) if more
28 than 50,000 cubic yards, but not more than 100,000 cubic
29 yards, of non-hazardous solid waste is permanently
30 disposed of at the site in a calendar year.
31 (4) $3,450 ($4,650 beginning in 1992) if more than
32 10,000 cubic yards, but not more than 50,000 cubic yards,
33 of non-hazardous solid waste is permanently disposed of
34 at the site in a calendar year.
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1 (5) $500 ($650 beginning in 1992) if not more than
2 10,000 cubic yards of non-hazardous solid waste is
3 permanently disposed of at the site in a calendar year.
4 The corporate authorities of the unit of local government
5 may use proceeds from the fee, tax, or surcharge to reimburse
6 a highway commissioner whose road district lies wholly or
7 partially within the corporate limits of the unit of local
8 government for expenses incurred in the removal of
9 nonhazardous, nonfluid municipal waste that has been dumped
10 on public property in violation of a State law or local
11 ordinance.
12 A county or Municipal Joint Action Agency that imposes a
13 fee, tax, or surcharge under this subsection may use the
14 proceeds thereof to reimburse a municipality that lies wholly
15 or partially within its boundaries for expenses incurred in
16 the removal of nonhazardous, nonfluid municipal waste that
17 has been dumped on public property in violation of a State
18 law or local ordinance.
19 If the fees are to be used to conduct a local sanitary
20 landfill inspection or enforcement program, the unit of local
21 government must enter into a written delegation agreement
22 with the Agency pursuant to subsection (r) of Section 4. The
23 unit of local government and the Agency shall enter into such
24 a written delegation agreement within 60 days after the
25 establishment of such fees or August 23, 1988, whichever is
26 later. For the year commencing January 1, 1989, and at least
27 annually thereafter, the Agency shall conduct an audit of the
28 expenditures made by units of local government from the funds
29 granted by the Agency to the units of local government for
30 purposes of local sanitary landfill inspection and
31 enforcement programs, to ensure that the funds have been
32 expended for the prescribed purposes under the grant.
33 The fees, taxes or surcharges collected under this
34 subsection (j) shall be placed by the unit of local
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1 government in a separate fund, and the interest received on
2 the moneys in the fund shall be credited to the fund. The
3 monies in the fund may be accumulated over a period of years
4 to be expended in accordance with this subsection.
5 A unit of local government, as defined in the Local Solid
6 Waste Disposal Act, shall prepare and distribute to the
7 Agency, in April of each year, a report that details spending
8 plans for monies collected in accordance with this
9 subsection. The report will at a minimum include the
10 following:
11 (1) The total monies collected pursuant to this
12 subsection.
13 (2) The most current balance of monies collected
14 pursuant to this subsection.
15 (3) An itemized accounting of all monies expended
16 for the previous year pursuant to this subsection.
17 (4) An estimation of monies to be collected for the
18 following 3 years pursuant to this subsection.
19 (5) A narrative detailing the general direction and
20 scope of future expenditures for one, 2 and 3 years.
21 The exemptions granted under Sections 22.16 and 22.16a,
22 and under subsections (c) and (k) of this Section, shall be
23 applicable to any fee, tax or surcharge imposed under this
24 subsection (j); except that the fee, tax or surcharge
25 authorized to be imposed under this subsection (j) may be
26 made applicable by a unit of local government to the
27 permanent disposal of solid waste after December 31, 1986,
28 under any contract lawfully executed before June 1, 1986
29 under which more than 150,000 cubic yards (or 50,000 tons) of
30 solid waste is to be permanently disposed of, even though the
31 waste is exempt from the fee imposed by the State under
32 subsection (b) of this Section pursuant to an exemption
33 granted under Section 22.16.
34 (k) In accordance with the findings and purposes of the
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1 Illinois Solid Waste Management Act, beginning January 1,
2 1989 the fee under subsection (b) and the fee, tax or
3 surcharge under subsection (j) shall not apply to:
4 (1) Waste which is hazardous waste; or
5 (2) Waste which is pollution control waste; or
6 (3) Waste from recycling, reclamation or reuse
7 processes which have been approved by the Agency as being
8 designed to remove any contaminant from wastes so as to
9 render such wastes reusable, provided that the process
10 renders at least 50% of the waste reusable; or
11 (4) Non-hazardous solid waste that is received at a
12 sanitary landfill and composted or recycled through a
13 process permitted by the Agency; or
14 (5) Any landfill which is permitted by the Agency
15 to receive only demolition or construction debris or
16 landscape waste.
17 (Source: P.A. 88-474; 89-93, eff. 7-6-95; 89-443, eff.
18 7-1-96; 89-445, eff. 2-7-96; revised 3-19-96.)